Cal. Code Regs. tit. 13 § 25.18

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 25.18 - Sanctions/Reinstatements

(a) The department reserves the right to take prompt and appropriate remedial action against the employer, examiners, and/or its certified drivers in the event that they:

(1) Fail to comply with State and/or federal standards for commercial driver license testing in the federal Code of Regulations, Title 49, Part 383, Subpart E, G and H;

(2) Fail to comply with the terms of the Employer Testing Program provisions in the California Code of Regulations, Title 13, Sections 25.06 through 25.23, and California Vehicle Code Sections 12804.9(e) and 15250 (c) and (d);

(3) Commit a serious offense that affects public safety; or

(4) Commit fraud or other criminal activity related to participation in the Employer Testing Program.

(b) The department will provide a 15-day written notice to the employer before suspending or revoking the employer number. However, the department shall immediately suspend or revoke the employer number if an employer is engaging in practices in such a manner that immediate suspension or revocation is required for the safety of persons on the highway. In reaching a decision on a disciplinary action, the Director of Motor Vehicles or his or her designee shall consider the guidelines entitled "Employer Testing Program Guidelines for Sanctions" (9/3/2002), which are hereby incorporated by reference, and any and all other sanctions provided by relevant statutes and regulations. Deviation from these guidelines is appropriate where the Director or his or her designee, in his or her sole discretion, determines that the facts of the particular case warrant such a deviation, for example, the presence of mitigating factors, the age of the case, and evidentiary problems.

(1) A warning letter may be sent to an employer for minor violations.

(2) A first offense of less severity may be a minimum of 30-days suspension.

(3) A second offense of the same conduct may be a revocation for not less than 12 months.

(4) A serious offense that affects public safety, fraud, and non-compliance with required federal regulations/state statutes, may result in a revocation. A revocation shall be for a period of not less than 12 months.

(c) In the event the department suspends the employer number, the employer will be prohibited from conducting training, testing, and/or driver certification until verification is made that appropriate action has been taken to correct deficiencies causing the suspension, and the department lifts the suspension.

(d) Any action to appeal or review any order of the department canceling, suspending, or revoking an employer number shall be brought in a court of competent jurisdiction under Section 1085 of the Code of Civil Procedure, or as otherwise permitted by the laws of this state. The action shall be commenced within 90 days from the effective date of the order.

(e) An employer who has been suspended may submit a Employer Testing Program Request for Reinstatement Employer Number (DL 813 ETP, NEW 11/01), which is hereby incorporated by reference, after the period of suspension has ended. The department shall verify that the employer has corrected the deficiencies prior to reinstatement.

(f) An employer that has had its employer number revoked may submit an original Application, along with proof of correction of the deficiencies which precipitated the revocation, documentation of primary and alternate driving test routes pursuant to subdivision (a)(2) of Section 25.08 of these regulations, and payment of a non-refundable $45 Application fee ($15 per year for three years) for non-governmental employers.

(g) The department shall provide a 15-day written notice to the employer and the Examiner before the department discontinues the Examiner's eligibility to conduct driving tests when it has been determined that driving tests were not conducted pursuant to Commercial Driver License Driving Performance Evaluation requirements; the Examiner has an action taken against his or her commercial driver license that disqualifies him or her to act as an Examiner (the driver license is suspended, revoked, or cancelled, or the driver is on probation for negligent operation of a motor vehicle); or the Examiner is not available to participate in the monitoring of Employer Testing Program activities.

(h) The department shall immediately terminate the certification of any Examiner, if the Examiner fails to conduct skills tests for at least ten different applicants (10 of each segment -- 10 vehicle inspections, 10 basic control skills, 10 road tests) per calendar year, the Examiner fails to meet training requirements, or the department is notified as a result of a nationwide background check, that the Examiner has either of the following:

(1) A felony conviction within the last ten years

(2) A conviction involving fraudulent activity.

(i) The Examiner must meet the provisions of subdivision (a) of Section 25.22 of these regulations prior to being recertified after discontinuation of eligibility to act as an examiner under subsection (g) or (h). A new Certificate of Training will be issued upon successful class completion.

Cal. Code Regs. Tit. 13, § 25.18

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; Part 383, of Title 49 of the Code of Federal Regulations; and Sections 11340.5 and 11425.50(e), Government Code.

1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (g) and (h) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (g) and (h) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of subsections (f)-(h) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsection (f) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect amending subsection (f) and Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (g) and (h) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (g) and (h) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of subsections (f)-(h) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsection (f) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect amending subsection (f) and Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
8. Amendment of subsections (a)(2), (b) and (e)-(f), new subsections (h)-(h)(2), subsection relettering and amendment of newly designated subsection (i) filed 8-16-2018; operative 10/1/2018 (Register 2018, No. 33).