Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-004 - DENIAL, REFUSAL TO RENEW, SUSPENSION OR REVOCATION OF THIRD-PARTY TESTER CERTIFICATE

Current through June 17, 2024
004.01
Grounds.
The Department may deny, refuse to renew, suspend or revoke a Third
	 -Party Tester certificate, whether initial or renewed, for any of the following
	 reasons:
004.01A Engaging in or
  attempting to engage in administration of skills testing without a
  certificate;
004.01B Fraud, forgery
  or misrepresentation in an application;
004.01C Failure to provide notice to the Dep
  and regulations;
004.01D Failure to
  maintain or to permit examinations, inspections, or audits as required by 007
  of these rules and regulations;
004.01E Failure to pay the fee as required by
  006 of these rules and regulations;
004.01F Failure at any time to comply with
  the Motor Vehicle Operator's License Act or the rules and regulations adopted
  and promulgated by the Department under that Act;
004.01G Failure to comply with the terms of
  the Third-Party Tester Agreement;
004.01H Lack of business stability;
004.01I Fraud, forgery or falsification of
  any documents relating to Third-Party Examiners or the skills test;
004.01J Failure to provide the Department
  with the pass/fail results and scores of each applicant tested within three (3)
  days of the test date pursuant to
  008.01B of these
  rules and regulations;
004.01K
  Failure of the skills test by a CDL driver previously tested by the Third-Party
  Examiner employed the by the Third-Party Tester on a retest by the Department
  conducted pursuant to 007.05 of these rules and regulations;
004.01L Failure of the Third-Party Examiner
  to conduct skills test examinations, consisting of ten (10) pre-trip vehicle
  inspections, ten (10) basic control skills, and ten (10) road tests, of at
  least ten (10) different applicants per calendar year;
004.01M Failure to submit a schedule of CDL
  skills tests to the Department no later than two (2) business days prior to
  each test;
004.01N Failure to
  require all Third -Party Examiners to successfully complete a refresher
  training course and examination every four (4) years to maintain their CDL test
  examiner certification;
004.01O Any
  other cause adversely reflecting on the Third-Party Tester's fitness or
  capacity to conduct skills testing;
004.01P Failure of Third-Party Examiners to
  pass a nationwide criminal background check. The Department will deny any
  applicant whose record contains a felony conviction or any convictions
  involving fraudulent activities within the last ten (10) years;
004.01Q Have had no violations noted on the
  Third-Party Examiners' driving record for which five (5) or more points might
  be assessed. Additionally, the Third-Party Examiner must have no
  disqualifications, suspensions or revocations on his or her driving record
  within the last five (5) years; and,
004.01R Third-Party Examiners have had no
  convictions for driving while under the influence of alcohol or drug offense in
  connection with motor vehicle use within the previous five (5) years.