Section 247-8-004 - DENIAL, REFUSAL TO RENEW, SUSPENSION OR REVOCATION OF THIRD-PARTY TESTER CERTIFICATE004.01Grounds. The Department may deny, refuse to renew, suspend or revoke a Third -Party Tester certificate, whether initial or renewed, for any of the following reasons:
004.01A Engaging in or attempting to engage in administration of skills testing without a certificate;004.01B Fraud, forgery or misrepresentation in an application;004.01C Failure to provide notice to the Dep and regulations;004.01D Failure to maintain or to permit examinations, inspections, or audits as required by 007 of these rules and regulations;004.01E Failure to pay the fee as required by 006 of these rules and regulations;004.01F Failure at any time to comply with the Motor Vehicle Operator's License Act or the rules and regulations adopted and promulgated by the Department under that Act;004.01G Failure to comply with the terms of the Third-Party Tester Agreement;004.01H Lack of business stability;004.01I Fraud, forgery or falsification of any documents relating to Third-Party Examiners or the skills test;004.01J Failure to provide the Department with the pass/fail results and scores of each applicant tested within three (3) days of the test date pursuant to 008.01B of these rules and regulations;004.01K Failure of the skills test by a CDL driver previously tested by the Third-Party Examiner employed the by the Third-Party Tester on a retest by the Department conducted pursuant to 007.05 of these rules and regulations;004.01L Failure of the Third-Party Examiner to conduct skills test examinations, consisting of ten (10) pre-trip vehicle inspections, ten (10) basic control skills, and ten (10) road tests, of at least ten (10) different applicants per calendar year;004.01M Failure to submit a schedule of CDL skills tests to the Department no later than two (2) business days prior to each test;004.01N Failure to require all Third -Party Examiners to successfully complete a refresher training course and examination every four (4) years to maintain their CDL test examiner certification;004.01O Any other cause adversely reflecting on the Third-Party Tester's fitness or capacity to conduct skills testing;004.01P Failure of Third-Party Examiners to pass a nationwide criminal background check. The Department will deny any applicant whose record contains a felony conviction or any convictions involving fraudulent activities within the last ten (10) years; 004.01Q Have had no violations noted on the Third-Party Examiners' driving record for which five (5) or more points might be assessed. Additionally, the Third-Party Examiner must have no disqualifications, suspensions or revocations on his or her driving record within the last five (5) years; and, 004.01R Third-Party Examiners have had no convictions for driving while under the influence of alcohol or drug offense in connection with motor vehicle use within the previous five (5) years.247 Neb. Admin. Code, ch. 8, § 004