Section R708-37-7 - Refusal to Certify, Grounds for Cancellation, Suspension, or Probation of a Tester's Certification(1) The tester certification shall remain effective as long as the tester remains employed by the school as a tester, or until the tester certification is cancelled or suspended by the division.(2) The division may:(a) refuse to certify a tester;(b) suspend an existing certification; or(c) place a tester on probation.(3) A tester certification may be suspended, placed on probation or refused issuance for:(a) failure to comply with Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;(b) failure to comply with this rule and Rule R708-2;(c) failure to meet the standards for training;(d) providing false information in an application or form required by the division;(e) conviction of a felony, or conviction of or reasonable grounds to believe a tester has committed an act of moral turpitude; or(f) failure to appear for a hearing.(4) A proceeding to suspend, place on probation, or refuse to issue or renew a certification is designated as an informal adjudicative proceeding under Section 63G-4-202.(5) A tester who has had a certification suspended shall not be eligible to reapply for a certification until six months have elapsed since the date of the suspension.(6) Following suspension, the applicant shall submit an application for re-certification.(7) Upon receipt of a completed application, the division shall conduct a review process as established by the division director to determine eligibility for re-certification.(8) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.(9) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.(10) Any applicant who has had a certification suspended by the division two times shall not be eligible to reapply for re-certification.Utah Admin. Code R708-37-7
Amended by Utah State Bulletin Number 2022-13, effective 6/22/2022