15A-12.008. Program Compliance

(1) Administrative non-compliance is the failure to meet applicable FRTP or MSF or ESC requirements for reporting, providing notifications, record keeping and similar acts that do not compromise testing integrity or public safety. The first occurrence requires a written reprimand and further violations within a one-year period will result in suspension of the authorization to provide motorcycle safety education.

(2) Discrepancy in test procedure is the failure to properly administer a required portion of a test procedure, such as the omission of a required maneuver or to properly follow the evaluation phase of the RiderCoach Guide when conducting the BRC. The first occurrence will result in a suspension of the authorization to provide motorcycle safety education, and a repeated occurrence within a one-year period will result in program termination.

(3) Fraud is defined as the abuse of authority granted under these administrative rules through the issuance of test waivers for students who have not passed a complete test or have not completed the course in its entirety. A fraud violation will result in termination from the program.

(4) The authorization to conduct motorcycle safety education will be suspended if a Sponsor refuses to allow public access to all documents subject to Chapter 119, F.S., or fails to comply with any part of these administrative rules. Subsequent violations within a one-year period will result in program termination. The use of a RiderCoach who is not certified under these rules will result in program termination.

(5) Upon termination of the authorization, all loaned equipment and program materials must be returned to FRTP within 10 calendar days of the termination.

Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.