SECTION 595:10-13-9. Termination, cancellation, or denial of certification or acceptance

(a)   Termination by either party. Certification of parent-taught driver education providers or acceptance of parent instructors granted under this Subchapter may be terminated by either the Department or the certified provider or accepted parent, by giving written notice to the other party, stating cause or reason for termination.

(b)   Cancellation or denial.

(1)   Department action against parent-taught driver education providers or provider applicants. The Department may:

(A)   Cancel the certification of a parent-taught driver education provider for failure to comply with any provisions of state law, federal regulation, or Department rule.

(B)   Deny certification to an individual, organization, company, or other entity applying for certification as a parent-taught driver education provider for failure to meet the requirements prescribed by this Subchapter.

(2)   Department action against parent instructors or parents. The Department may:

(A)   Cancel the acceptance of a parent instructor for failure to comply with any provisions of state law, federal regulation, or Department rule.

(B)   Deny acceptance to any parent applying for acceptance as a parent instructor for failure to meet the requirements prescribed by this Subchapter.

(3)   Automatic cancellation of parent instructors. Any of the following will constitute automatic cancellation of the acceptance of parent instructors:

(A)   Lack of liability insurance on any vehicle used for behind-the-wheel instruction.

(B)   Suspension, revocation, cancellation, or denial of the driving privileges of any parent or student named in the affidavit

(C)   Expired or no registration of any vehicle used for behind-the-wheel instruction.

(D)   Failure of any student named in the affidavit to meet the school attendance requirements of 47 O.S. § 6-107.3.

(c)   Reapplication for certification or acceptance. Any provider or provider applicant whose certification is cancelled or denied, as provided in (b)(1), or any parent instructor or parent whose acceptance is cancelled or denied, as provided in (b)(2) and (3), shall not be eligible to reapply for certification or acceptance for a period of six (6) months from the date of cancellation or denial.

(d)   Minor disqualifications. Where it is determined that a minor disqualification exists that may readily be rectified by the provider or parent, the Department may informally notify such party by mail or telephone of such minor disqualification, with a request for compliance within a specified period of time. If such party fails to rectify the disqualification or violation, the Department may proceed with any action described in (b) of this section.

[Source: Added at 19 Ok Reg 673, eff 12-27-01 through 7-14-02 (emergency); Added at 20 Ok Reg 2701, eff 8-15-03; Amended at 27 Ok Reg 2689, eff 8-26-10; Amended at 28 Ok Reg 2068, eff 7-15-11]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of Section 595:10-13-9 was no longer effective, and remained as such until added by permanent action on 8-15-03.