Or. Admin. R. 735-160-0080

Current through Register Vol. 63, No. 8, August 1, 2024

Section 735-160-0080 - Issuance of Commercial Driver Training School Instructor Certificate

(1) An applicant must apply for an original or renewal instructor certificate pursuant to ORS 822.515 and must:

(a) Submit a completed application on a form or in a format provided or established by DMV;

(b) Meet the instructor qualifications listed in OAR 735-160-0075;

(c) Provide DMV with a copy of the applicant's criminal background information. Criminal background information will only be used to determine the person's qualifications to be an instructor and may be used as evidence in any contested case hearing or appeal as described in section (6) of this rule. Such information will otherwise be kept confidential and not released to any person unless DMV determines a record, or any portion thereof, must be released pursuant to the Oregon Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Oregon Public Records Law.

(d) Submit the fee required under ORS 822.700; and

(e) Possess and maintain a current and valid driver license from Oregon or another jurisdiction within the United States.

(2) An instructor must submit to DMV a completed renewal application, supporting documents and payment for an instructor certificate prior to expiration of their existing instructor certificate. A renewal application that is received after the last day of the calendar year will be treated as an application for an original instructor certificate.

(3) DMV will not issue or renew an instructor certificate if:

(a) Any of the qualifications or requirements set forth in ORS Chapter 822 and OAR chapter 735, division 160 rules are not met; or

(b) DMV determines information contained in the application is incomplete or false.

(4) If DMV refuses to issue or renew an instructor certificate, DMV will notify the person in writing. The person may request a contested case hearing. The hearing is conducted in accordance with the applicable contested case provisions of the Administrative Procedures Act, ORS chapter 183, and is subject to the following:

(a) A request for hearing must be submitted in writing and received by DMV within 20 days of the date the refusal notification is mailed to the person. DMV will not issue an instructor certificate pending the outcome of the contested case hearing. If DMV refuses to renew an instructor certificate, the expired instructor certificate remains valid pending the outcome of the contested case hearing; and

(b) Failure to timely request a hearing constitutes waiver of the right to a hearing and no instructor certificate will be issued or renewed until the requirements of ORS 822.500 to 822.515 and OAR chapter 735, division 160 rules are satisfied.

(5) Failure to maintain any of the requirements as prescribed under this rule may result in a sanction as described in OAR 735-160-0115 of an instructor certificate issued or renewed in accordance with this rule.

Or. Admin. R. 735-160-0080

MV 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0005; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13; DMV 38-2019, amend filed 12/17/2019, effective 1/1/2020; DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010 & 822.515

Statutes/Other Implemented: ORS 822.515