Section 1340-01-06-.10 - SUSPENSION, REVOCATION OR DENIAL OF DRIVER TRAINING ENTERPRISE AND DRIVER TRAINING INSTRUCTOR LICENSE(1) REVOCATION OF LICENSE - The commissioner shall, upon receipt of satisfactory evidence, suspend, revoke, refuse to issue or refuse to renew the license of a driver training enterprise or a driver training instructor if: (a) The licensee fails or refuses to comply with the provisions of chapter 19, title 59, T.C.A., or any rule or regulation adopted thereunder;(b) The licensee has made a false material statement or has concealed a material fact in connection with his application;(c) The licensee or any officer, director, partner, or other person directly interested in the driver training enterprise held a license issued under chapter 19, title 59, T.C.A., which was revoked or suspended and not reinstated;(d) The licensee has been guilty of a fraudulent practice in attempting to obtain for himself or another a license to operate a motor vehicle;(e) Written notice of the cancellation of insurance required by the regulations herein is received by the commissioner and the licensee does not present satisfactory evidence of insurance to the commissioner prior to the effective date of the cancellation;(f) The licensee has failed to maintain adequate standards of instructions or safe and necessary equipment which is needed to give proper driver training instruction;(g) The licensee is employing instructors or agents who have not been licensed by the department.(h) The licensee has been convicted of a felony, or any crime involving violence, dishonesty, deceit, indecency, or immoral conduct; and(i) The licensee or any officer, director, partner or other persons directly interested in the driver training enterprise or any instructor licensed under the name of the enterprise shall have in their possession a copy of the department's driver licensing examination questions or their equivalent, or attempts to obtain a copy of these test questions for the purpose of making them available to their students or any other person.(2) REVOCATION OF INSTRUCTOR LICENSE - Whenever a driver training instructor is convicted of driving an automobile while under the influence of intoxicating liquor or of leaving the scene of an accident, reckless homicide, two (2) moving serious violations within a two (2) year period, or driving when addicted to or while under the influence of narcotic drugs, his license shall be revoked.(3) COMPLAINTS TO BE VERIFIED - All complaints by an individual, partnership, group, corporation or association, against any other individual, partnership, group, corporation or association, relating to driver training enterprise or driver training instructors, or department personnel, or these rules and regulations, must be verified in formal writing and signed by the complainant. The commissioner may ask complaining witnesses to sign a sworn statement indicating the nature of the complaint. The acceptance or the use of any statement by the department shall not be deemed an acknowledgement, admission or charge by the department of the matters contained in the statement.Tenn. Comp. R. & Regs. 1340-01-06-.10
Original rule filed November 8, 1974; effective December 8, 1974. Amendment filed September 13, 1990; effective December 29, 1990.Authority: T.C.A. Title 4, Chapter 5, § 55-19-105.