61:25:04:19Denial/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.