Haw. Code R. § 19-137-15

Current through September, 2024
Section 19-137-15 - Denial/termination of third party testing authority
(a) The department may deny any application for a third party examiner certification upon the following grounds:
(1) Failure to comply with or satisfy any of the requirements of this chapter;
(2) Falsification of any information provided to the department.
(b) Any third party examiner may voluntarily terminate its third party testing authority and return the certificate to the department.
(c) The department may revoke, suspend, cancel or terminate the certification and require the return of the certificate of a third party examiner upon the following grounds:
(1) Failure to comply with or satisfy any of the requirements of this chapter, the department's or the county's instructions or the third party examiner contract;
(2) Falsification of any records or information relating to the third party testing authority;
(3) Commission of any act which compromises the integrity of a third party examination; and
(4) Driver license suspension, revocation, cancellation or disqualifications.
(d) The department may allow the third party examiner an opportunity to cure any deficiency within thirty days of receipt of notice by the department.
(e) Any applicant whose application has been denied by the department or any third party examiner whose third party examiner certification has been suspended, revoked, cancelled or terminated and who has not cured the deficiency may within ten calendar days after receiving the notice of denial, suspension, revocation, cancellation or termination appeal the department's action by submitting to the department a written request for an administrative review of the decision by the department. The request shall state the reasons why the application or third party examiner's authority should not be denied, suspended, revoked or terminated. Upon such request, the department shall respond in writing within thirty calendar days- Failure to request a review within ten calendar days after receiving notice of denial, suspension, revocation or termination of the application or third party examiner's testing authority shall be deemed a waiver of a right to appeal.
(g) Any person aggrieved by the administrative review decision of the department may appeal that decision to the department. The department may hold hearings on the appeal in accordance with chapter 91, Hawaii Revised Statutes.

Haw. Code R. § 19-137-15

[Eff JUN 15 1991] (Auth: HRS §§ 286-246, 91-9) (Imp: HRS §§ 286-246, 91-9)