Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 5 - Driver Licenses and Identification Cards › Part 31 - COMMERCIAL DRIVER LICENSE THIRD-Y EXAMINERS › Section 260:135-5-189 - Withdrawal or denial of certification

Current through Vol. 41, No. 20, July 1, 2024
(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 260:135-1-9
et
				  seq
.