Okla. Admin. Code § 260:135-5-189

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-189 - Withdrawal or denial of certification

(a) Service Oklahoma reserves the right to take prompt and appropriate remedial action against a Third-Party Examiner that fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the Third-Party Examiner contract.

(b) Service Oklahoma reserves the right to take prompt and remedial action against a Third-Party Examiner that falsifies any required records, applications, or forms. Such falsification may also result in criminal prosecution.

(c) Service Oklahoma reserves the right to take prompt and appropriate remedial action against a Third-Party Examiner that fails to comply with Third-Party Examiner Program requirements, the Third-Party Examiner Agreement, applicable Federal or State statutes and regulations may result in the suspension or revocation of a school district, technology center, or any commercial truck driving school, designated responsible person and/or the Third-Party Examiner's testing privileges.

(d) Service Oklahoma may deny certification to any school district, technology center, or any commercial truck driving school or driver training instructor applying for certification as a Third-Party Examiner or for failure to meet the requirements prescribed by this Subchapter.

(e) Should Service Oklahoma deny a certification or license to any school or Third-Party Examiner, Service Oklahoma shall notify the school or Third-Party Examiner in writing within forty-five (45) days from the denial.

(f) Where it is determined that a minor disqualification exists which may be rectified by the school or Third-Party Examiner within twenty-four (24) hours, Service Oklahoma may informally notify the party by mail or telephone of the minor disqualification or violation, with a request for compliance within a specified period of time. If the party fails to rectify the minor disqualification or violation, Service Oklahoma may proceed to deny, suspend, revoke or cancel certification.

(g) Service Oklahoma may deny or cancel certification of any applicant, certified school, or Third-Party Examiner for not more than five (5) years when it is determined and good cause appears that the applicant, school, or examiner demonstrated willful disregard of the rules established in this Subchapter or committed other negligent acts.

(h) Should Service Oklahoma be required to re-test applicants as a result of fraudulent or negligent testing practices; the party to the agreement with Service Oklahoma shall be required, if not bonded, to reimburse Service Oklahoma at the base rate of pay for a current Service Oklahoma Commercial Driver License Examiner, including any travel, and other accrued expenses.

(i) Any licensee that has his or her certification revoked, denied, suspended or cancelled under this section may request an administrative hearing pursuant to OAC 260:135-1-9et seq.

Okla. Admin. Code § 260:135-5-189

Transferred from 595:11-5-17 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023