(1) Commercial driver's license driving tests may be performed only by employees of the department or by commercial driver's license driving testers employed by commercial driver's license testing units.
The department is hereby authorized to issue, deny, suspend, or revoke licenses forthe operation of commercial driver's license testing units. The department shall furnish all necessary instructions and forms to such testing units.
The department is hereby authorized to issue, deny, suspend, or revoke licenses forcommercial driver's license driving testers. The department shall furnish all necessary instructions and forms to such driving testers.
The department shall supervise the activities of testing units and driving testers. Thedepartment shall provide for the inspection of testing units. Testing units shall be open for business at reasonable hours to allow inspection of the operations of such testing units.
Testing units shall keep records as required by the department and shall make suchrecords available to the department for inspection.
The department shall require the surrender of the license of any commercial driver'slicense testing unit or commercial driver's license driving tester upon the suspension or revocation of such license.
Any person aggrieved by the denial of issuance, denial of renewal, suspension, orrevocation of a testing unit license or driving tester license shall be entitled to a hearing. Hearings held under this subsection (7) shall be conducted by a hearing officer before the department. Such hearing shall be held within thirty days after a written request for a hearing is received by the department. Such hearing shall be held before a hearing officer of the department and shall be held at the district office of the department which is nearest to the residence of the licensee, unless the hearing officer and the licensee agree that such hearing may be held at some other district office. Such hearing officer may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books, records, and papers at such hearing. The aggrieved person shall not perform any act under the license pending the outcome of such hearing.
The department shall adopt regulations for the administration and operation of commercial driver's license testing units and the conduct of commercial driver's license driving testers.
Source: L. 94: Entire title amended with relocations, p. 2168, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 42-2-507 as it existed prior to 1994, and the former § 42-2-407 was relocated to § 42-2-307.