NAC483.1236. Revocation, suspension or refusal to renew registration of third-party certifier: Authority of Department; reapplication after revocation; hearing.

     1. The Department may revoke the registration of a third-party certifier who is registered pursuant to NAC 483.1224 if:

     (a) The third-party certifier has been convicted of:

          (1) Driving under the influence of an intoxicating liquor or a controlled substance within the past 7 years;

          (2) A gross misdemeanor or felony relating to the management of money or a business;

          (3) Fraud;

          (4) Embezzlement; or

          (5) Possessing more than one valid driver’s license issued to the third-party certifier under a full legal name other than his or her own, or issued to him or her by more than one state, or both;

     (b) The Department determines that the third-party certifier falsified an application or any other information to obtain or maintain registration as a third-party certifier;

     (c) The school for training drivers fails to maintain an active license or ceases to maintain an established place of business in this State;

     (d) The third-party certifier allows an unauthorized person to administer any part of the driving skills test to a student;

     (e) Any action is taken against the instructor’s license issued to the third-party certifier by the Department;

     (f) The third-party certifier administers any part of the driving skills test to a student to whom the third-party certifier has provided instruction for that part of the test; or

     (g) The third-party certifier refuses to allow an authorized representative of the Department access, during regular business hours, to inspect the records maintained by the third-party certifier relating to the students whose driving abilities were certified by the third-party certifier.

     2. The Department may suspend the registration of a third-party certifier if the third-party certifier or his or her agent, officer or employee fails to cooperate fully with an authorized representative of the Department during an inspection of the third-party certifier.

     3. The Director may temporarily suspend for not more than 30 days or refuse to renew the registration of a third-party certifier if the Director finds that such a temporary suspension or refusal to renew is in the public interest. The Department may conduct a hearing and issue a final decision on the matter within 30 days after the date on which the notice of temporary suspension or refusal to renew a registration is sent to the third-party certifier.

     4. Any third-party certifier whose registration is revoked pursuant to this section:

     (a) May not reapply for registration until 2 years after the date of revocation; and

     (b) Must attend a training program approved by the Department for the certification of a driver at the time he or she reapplies for registration as a third-party certifier.

     5. A third-party certifier may, within 30 days after the temporary suspension or revocation of, or refusal to renew, his or her registration pursuant to this section, request a hearing on the question of whether the third-party certifier committed one or more acts constituting grounds for the suspension, revocation or refusal to renew the registration. The hearing must be conducted pursuant to the provisions of chapter 233B of NRS, and judicial review must be available as provided therein.

     (Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004; A by R140-12, 12-20-2012, eff. 1-15-2013)