61:25:04:19.  Denial/termination of third-party testing program and certificates. The department may deny an application for a third-party tester or examiner's certificate if the applicant does not qualify for the certificate under this chapter. Misstatements or misrepresentation are grounds for denying a certificate.

 

          A third-party tester or examiner may relinquish his or her certificate on 30 days notice to the department.

 

          The department may cancel in its entirety the third-party testing program provided for in this chapter.

 

          The department may revoke the certificate of a third-party tester or examiner on the following grounds:

 

          (1)  Failure to comply with or satisfy any of the provisions of this chapter or the third-party tester agreement;

 

          (2)  Falsification of records or information relating to the third-party testing program;

 

          (3)  For third-party examiner, driver license suspension, revocation, recall, or disqualifications; and

 

          (4)  Commission of any act or omission which, in the judgment of the department, compromises the integrity of the third-party program.

 

          If the department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements in this chapter or in the third-party tester agreement, the department may postpone cancellation and allow the third-party tester or examiner 30 days to correct the deficiency.

 

          Source: 16 SDR 88, effective November 16, 1989; 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective December 27, 2006; SDCL 2015, ch 168, § 53, effective July 1, 2015.

          General Authority: SDCL 32-12A-48(6).

          Law Implemented: SDCL 32-12A-11, 32-12A-49.