Virginia Code 46.2-341.14:5: Terminating certification of third party tester or examiner.
A. Any third party tester or examiner may relinquish certification upon 30 days’ 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.
Terms Used In Virginia Code 46.2-341.14:5
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. See Virginia Code 46.2-341.4
- Third party examiner: means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver's license. See Virginia Code 46.2-341.4
- Third party tester: means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 of Virginia Code 46.2-341.4
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’s license training that complies with 49 C.F.R. § 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. § 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’s license testing program, the Department’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.