2 Del. Admin. Code § 2226-14.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2226-14.0 - Decertification, Probation, Suspension, Cancellation, Denial, Renewal Refusal, and Revocation

14.1 New applications for a TPTO license or ST certification can be denied, or a current TPTO licenses or ST certification can be placed on probation, suspended, revoked, or refused renewal for any one of the following reasons:

14.1.1 Falsification of information or making a material misstatement on or accompanying the application for certification, recertification, licensing, or renewal;

14.1.2 Change in the business location without prior notification to and approval by the Division;

14.1.3 Change of ownership without prior notification to and approval by the Division;

14.1.4 An ST failing to attend a Division continuing education or refresher class within a 3 year period until the continuing education has been successfully completed;

14.1.5 An ST failing to attend the scheduled refresher class;

14.1.6 An ST failing to pass the Division's in-vehicle evaluation audit;

14.1.7 Fraudulent use of the forms or completion statements by an ST;

14.1.8 Testing on an unapproved testing route;

14.1.9 Unauthorized use of a certificate number of an individual ST's certification;

14.1.10 Falsification of or failure to keep and provide, adequate records and information in the approved record management plan as described in subsection 5.5.3 of this regulation;

14.1.11 Falsification of or failure keep and provide, adequate financial records and documents as required, including a refusal to be audited;

14.1.12 Failure to comply with the SRE requirements described in Section 11.0 of this regulation, to include the altering or omission of exam material and content without approval from the Division;

14.1.13 Failure to provide updated insurance and vehicle registration information to the Division within 30 days of expiration until current insurance or registration is received;

14.1.14 Failure of a TPTO to address or correct problems found in a previous audit;

14.1.15 Failure to comply after receipt from the Division of a cease-and-desist order or written warning;

14.1.16 Failure of the TPTO to comply with State or Federal laws and regulations, standards, or contractual obligations;

14.1.17 Submission of documentation that represents testing has been successfully completed when the CDL applicant has not successfully completed testing;

14.1.18 Examination of a CDL applicant before they meet the statutory requirements or postdating a completion application or statement;

14.1.19 Omission of any test requirements from an SRE by a TPTO or ST;

14.1.20 Allowance of a CDL applicant to test more than once per day;

14.1.21 Use of approved testing routes as a pre-test or practice for CDL applicants;

14.1.22 Failure to execute test pad maintenance per submitted plan;

14.1.23 Failure of the TPTO to meet the requirement for delivering SREs to the minimum number of applicants over any given 12-month period;

14.1.24 As the result of a complaint or hearing decision, as described in Section 15.0 of this regulation;

14.1.25 Failure of a TPTO to report a change of status with the driver license of one of its ST;

14.1.26 Failure of a TPTO to submit monthly reports, if required, by the 10th of the month for the prior month, unless a hardship is determined by the Division. The failure to submit monthly reports required of a TPTO on more than one occasion during any 12-month period may result in additional suspension or revocation of privileges up to and including revocation of the license or denial of a license renewal;

14.1.27 Failure of a TPTO to comply with the conditions set forth in their contract with the Division;

14.1.28 An ST administering any road skills exam to a member of their immediate family; or

14.1.29 Participation in criminal activities including:

14.1.29.1 An ST convicted of any felony charges per 49 CFR § 384.228(h) after the application date;

14.1.29.2 An ST, employee, or subcontractor of a TPTO who has access to the computerized systems for entering test scores and schedules and has been convicted of or pled guilty or nolo contendere to a felony or received a deferred sentence to a felony charge;

14.1.29.3 An ST who participates in any illegal activity related to driver licensing or testing; or

14.1.29.4 An ST who has accumulated 5 or more points on their driver license within a 3-year period, or their license has been suspended, revoked, forfeited, or denied by the Division.

14.2 If a TPTO is found to be non-compliant with the terms of its agreement with the Division, then the agreement between the Division and the TPTO may be terminated.

14.3 If the Division believes that an ST has violated the provisions of these rules or any Federal regulations, state statutes, or that the public health, safety, or welfare is at risk, the Division will act in accordance with 49 CFR § 383.75(a) (6).

14.4 The Division reserves the right to permanently revoke any privileges of the program described in this regulation.

14.5 If a CDL applicant's testing was improper, illegal, or fraudulent, the applicant may have their driver license canceled, suspended, revoked, disqualified, denied, or downgraded.

14.6 In the event the TPTO license is not renewed or is otherwise suspended or revoked, all individual ST certifications associated with that TPTO will be cancelled.

14.7 A TPTO or ST who has their license cancelled or decertified must wait 6 months from the date of decertification or license cancellation before applying for recertification or licensing.

14.8 An ST who is decertified solely as the result of a TPTO license being suspended, cancelled, revoked, or otherwise not renewed will not be required to serve the six month waiting period before reapplying as outlined in subsection 14.7.

2 Del. Admin. Code § 2226-14.0

27 DE Reg. 191 (9/1/2023) (Final)