Statutes, codes, and regulations
Louisiana Administrative Code
Title 55 - PUBLIC SAFETYPart III - Motor VehiclesChapter 1 - Driver's License
Subchapter A - General Requirements
Section III-159 - Suspension, Revocation, and Penalty Assessment

La. Admin. Code tit. 55 § III-159

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Current through Register Vol. 50, No. 11, November 20, 2024
Section III-159 - Suspension, Revocation, and Penalty Assessment
A. All regulations outlined in this Chapter shall be adhered to by the driving school and its employees. DPS may fine, suspend or revoke any driving school license, instructor license, examiner license, owner license or third-party tester agreement issued under these rules and regulations upon discovery of satisfactory evidence of violations. If the violation involves the owner of the driving school or other management staff, then the driving school may be assessed fines, or the license may be suspended or revoked, or both. If the violation involves the instructor, then the instructor may be assessed fines, or the license may be suspended or revoked, or both. Fines may be assessed up to $1500 per rule or statute violated. If the fine is not paid within 30 days of the mailing of the notice of the fine, the license may be suspended or revoked.
1. Any instructor whose driving privileges have been suspended or revoked is subject to having his instructors license suspended or revoked.
2. Any behind-the-wheel instructor who has been arrested for driving while intoxicated or operating a vehicle while under the influence of alcohol or drugs, shall be immediately suspended and shall remain suspended until a final disposition of the charges are received by DPS.
3. The license of any instructor arrested for any crime enumerated in R.S. 15:587.1(C)(the Child Protection Act) shall immediately be suspended and shall remain suspended until a final disposition of the charges are received by DPS.
4. Instructors who are arrested and indicted, or both, for any disqualifying offense listed in Section 145 shall be suspended and their license will remain suspended until final disposition of the offense has been received by DPS.
5. In the event a driving school owners license or a driving school instructors license issued pursuant to this Chapter is revoked, he shall not be involved in the administrative duties of the school.
6. Each school shall respond to the findings in the compliance review as to how the school shall correct the violations within the prescribed time stated in the compliance review. The response may be sent via email.
B. Appeal Rights
1. Notice of Suspension, Revocation or Fine
a. A currently licensed owner/instructor whose license and third-party tester agreement is revoked or suspended shall be notified in writing by DPS either by email or mail.
2. General Provisions
a. Except as otherwise provided by these rules, any notice shall be served by certified mail, return receipt requested, or hand delivered to the permanent address that is provided in the application or latest amendment thereto, on file with DPS. Notice shall be presumed to have been given in the event an incorrect or incomplete address is supplied to DPS by the applicant or if the applicant fails to accept properly addressed certified mail.
b. Any fine levied by DPS which is adjudicated to a final administrative judgment shall be paid within 10 business days of said judgment becoming final. Failure to pay such a fine within 10 business days may serve as grounds to suspend or revoke any license or contract under this Part.
c. In cases of serious violations of the law or these rules, or in situations in which the law calls for prompt suspension or revocation, or violations which present a danger to the public health, safety or welfare, DPS may provide notice. Such notice shall be promptly documented and confirmation in writing shall be provided to the applicant.
d. Any request for an administrative hearing for a fine, suspension or revocation of a license or third-party tester agreement shall be made in writing and sent to DPS (Training and Certification Unit, P.O. Box 64886, Baton Rouge, LA 70896) within 30 calendar days. The action and/or penalty shall become final if the request for an administrative hearing is not submitted timely.

La. Admin. Code tit. 55, § III-159

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 38:3235 (December 2012), Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 431780 (9/1/2017), Amended LR 451604 (11/1/2019).
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:402.1(A) (1) and R.S. 40:1461.