                                 CODE OF VIRGINIA

TERMINATING CERTIFICATION OF THIRD PARTY TESTER OR EXAMINER (§ 46.2-341.14:5)

A. Any third party tester or examiner may relinquish certification upon 30
days&#8217; notice to the Department. Relinquishment of certification by a third
party tester or examiner shall not release such tester or examiner from any
responsibility or liability that arises from his activities as a third party
tester or examiner.

B. The Department reserves the right to cancel the third party testing program
established by this article, in its entirety.

C. The Department shall revoke the skills testing certification of any examiner:

   1. Who does not conduct skills test examinations of at least 10 different
   applicants per calendar year. However, examiners who do not meet the 10-test
   minimum must either take a refresher commercial driver&#8217;s license
   training that complies with 49 C.F.R. &#xA7; 384.228 or have a Department
   examiner ride along to observe the third party examiner successfully
   administer at least one skills test; or

   2. Who does not successfully complete the required refresher training every
   four years pursuant to 49 C.F.R. &#xA7; 384.228.

D. The Department may cancel the certification of an individual third party
tester or examiner upon the following grounds:

   1. Failure to comply with or satisfy any of the provisions of this article,
   federal standards for the commercial driver&#8217;s license testing program,
   the Department&#8217;s instructions, or the third party tester agreement;

   2. Falsification of any record or information relating to the third party
   testing program;

   3. Commission of any act that compromises the integrity of the third party
   testing program; or

   4. Failure to pass the required nationwide criminal background check. Criteria
   for not passing the criminal background check include but are not limited to
   having a felony conviction within the past 10 years or any conviction
   involving fraudulent activities.

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

HISTORY: 2013, cc. 165, 582; 2014, cc. 77, 803.