Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 2 - RULES AND REGULATIONS FOR SCHOOL BUS DRIVER CERTIFICATION › Section 280-RICR-30-05-2.11 - Application Procedures

Current through June 14, 2024
A. All applications
				 will be submitted to the Divisions' School Bus Coordinator on forms provided by
				 the School Bus Coordinator.
B.
				 Renewal Applications must be submitted prior to June 1 of each year. Upon
				 receipt of an application, the School Bus Coordinator will make such
				 investigation as he deems appropriate to determine whether the applicant meets
				 the criteria prescribed above.
C.
				 The School Bus Coordinator shall be authorized to obtain records maintained by
				 the bureau of criminal identification of the Department of Attorney General in
				 order to determine the fitness of applicants. After review of the application,
				 the School Bus Coordinator shall issue the application or give notice to the
				 applicant of a date and time at which the applicant may be heard concerning the
				 application.
D. Prior to issuance
				 of a school bus certificate to any person about whom there is any doubt as to
				 the applicant's fitness or competency to operate a school bus in accordance
				 with the criteria prescribed above, the school bus coordinator shall meet with
				 the applicant and give the applicant an opportunity to be heard concerning any
				 derogatory information.
E. The
				 following procedures shall be followed where the School Bus Coordinator has
				 determined that such a review of the application with the applicant must be
				 held prior to issuance of a school bus certificate:
1. The notice of review procedure shall
				 contain the date and time of the review and a brief recitation of the reason or
				 reasons the school bus coordinator is considering rejecting the application and
				 notification that failure to attend will result in rejection of the
				 application.
2. At the date and
				 time of the review before the School Bus Coordinator the applicant shall again
				 be informed of the reason the application is being considered for rejection.
				 The applicant shall be given an opportunity to submit any information the
				 applicant deems pertinent to the case. The review will be an informal procedure
				 and no formal rules of evidence will apply.
3. The School Bus Coordinator shall not be
				 permitted to issue a certificate to a person who does not meet the
				 qualifications prescribed in §
											2.7     of this Part (Statutory
				 Qualifications for School Bus Certificate). The School Bus Coordinator shall
				 not be permitted to issue a School Bus Certificate to any person determined
				 after review and opportunity to be heard to fit into the categories prescribed
				 in §
											2.8     of this Part (Competency
				 and Fitness of Applicant (Mandatory Considerations)). The School Bus
				 Coordinator shall be permitted to exercise discretion to issue a certificate to
				 persons whose competency or fitness is brought into question because of the
				 considerations contained in §
											2.9     of this Part (Competency
				 and fitness of Applicant (Discretionary Considerations)); in such a case the
				 School Bus Coordinator may issue a certificate if he considers that, given all
				 the facts at the review, issuance of a certificate will not be inimical to the
				 public health, safety and welfare.
4. The School Bus Coordinator shall notify
				 the applicant of the results of the review within seven (7) days. If an
				 applicant is rejected after the review before the School Bus Coordinator, the
				 notice shall contain a statement to the effect that the applicant is entitled
				 to a de novo appeal or hearing before a hearing officer in the Operator Control
				 Section. Such a hearing shall be held if and only if the applicant notifies the
				 School Bus Coordinator in writing of the desire of the applicant for a new
				 hearing within ten (10) days of the date of the notice of the decision of the
				 School Bus Coordinator.
5. The
				 hearing officer in the Operator Control Section shall hold a hearing on the
				 appeal from the decision of the School Bus Coordinator within twenty (20) days
				 of the receipt of the request of the applicant and the applicant shall be given
				 notice of the hearing before the hearing officer at least seven days prior to
				 the hearing. At such a hearing, the School Bus Coordinator shall present
				 evidence in support of the denial of the certificate, and it shall be the
				 burden of the School Bus Coordinator to demonstrate that there was good cause
				 for denial of the certificate in accordance with these regulations. The hearing
				 officer shall not be bound by the decision of the school bus coordinator and
				 shall determine anew whether the applicant fits into the categories of
				 §§
											2.7  and
				   2.8     of this Part and whether
				 discretion should be exercised to grant a license even if the applicant fits
				 into a category listed in §
											2.9     of this Part. A record of
				 the hearing will be made by the hearing officer. For any application rejected
				 by the hearing officer, the hearing officer shall prepare for the signature of
				 the Deputy Director of the Division of Motor Vehicles, or the designee of said
				 deputy director, a written notice of the decision which notice shall contain a
				 brief statement of the reason or reasons for rejection of the application. That
				 written notice of decision, upon signature of the deputy director, or the
				 designee of said deputy director, and mailing to the applicant, shall
				 constitute a final decision of the Division from which appeal may be made to
				 the Rhode Island District Court (Sixth Division).