Okla. Admin. Code § 260:135-5-208

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

Section 260:135-5-208 - Suspension or revocation of license

(a) Service Oklahoma may cancel, suspend, revoke, or deny a school license or an instructor permit, as prescribed in 47 O.S. § 806.

(b) Where it is determined that a minor disqualification or violation exists which may be rectified by the school or instructor within twenty-four (24) hours, or by an applicant for a school license or instructor permit Service Oklahoma may informally notify the party by mail or electronically 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 the school license.

(c) Any school and/or instructor that takes part in, or conceals others taking part in, any fraudulent activity that may threaten the certification of Oklahoma's CDL Program will be immediately released and automatically banned from the commercial truck school program and may result in criminal charges.

(d) Failure to comply with Truck Driving School requirements, Oklahoma Administrative Code, and any applicable Federal or State statutes and regulations may result in the suspension or revocation of the Truck Driving School and/or training privileges.

(e) Penalties for non-compliance violations with this program are defined and applied as follows:

(1)Administrative Non-Compliance. Failure to meet requirements for reporting, notifications, record keeping, or similar acts that do not compromise test integrity or public safety.

(A) First violation of Administrative Non-Compliance will result in a warning letter sent to the school.

(B) A second or subsequent Administrative Non-Compliance violation will result in a thirty (30) day suspension of testing authority will be issued by Service Oklahoma.

(2)Discrepancy in Test Procedure (substandard testing). The following will result in the termination of the testing authority and permanent removal from the program:

(A) failure to properly administer a required portion of an otherwise complete test procedure, such as omission of a required maneuver, or

(B) failure to include all required parts of a test procedure, such as omission of the vehicle inspection, or

(C) failure to use an approved test route, or

(D) use of an unsafe vehicle, or

(E) any other action determined to significantly compromise the integrity of the test process or public safety will result the termination of the testing authority and permanent removal from the program.

(3)Fraud. The following fraudulent activity will result in the termination of testing authority:

(A) profiting from the issuance of a license to a person that has not passed a complete skills test,

(B) falsification of records or information,

(C) refusal to allow access to all documents, papers, letters and material subject to the provisions of the Third-Party Tester Program, or

(D) commits an act that, in the opinion of Service Oklahoma, compromises the integrity of the Program.

(f) 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 § 260:135-5-208

Transferred from 595:11-7-15 by HB 3419 (2022), eff. 5/19/2022

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