Or. Admin. Code § 735-160-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-160-0035 - Inspection and Investigation

(1) DMV will periodically inspect a School to determine it is complying with all laws and administrative rules pertaining to commercial driver training schools, including instructor certification and operation requirements.

(2) All records subject to this rule must be available for inspection by an authorized representative(s) of DMV. DMV may conduct a random inspection of the business premises, records, or equipment of a School to review compliance with Oregon statutes and administrative rules. DMV may give notice and arrange an appointment with the operator prior to an inspection, or may conduct a random inspection without providing notice to the operator during DMV's normal business hours, Monday through Friday, 8 am to 5pm. The operator must consent to and fully cooperate with any inspection.

(3) Inspections may include examination of:

(a) All student driver records regardless of whether the student driver completed or failed to complete the school's driver training program;

(b) The records of current or former instructors employed by the school;

(c) Any motor vehicles used for training student drivers, to ensure that the vehicles meet the equipment standards of OAR 735-160-0040;

(d) Any curriculum and instructional materials used to teach or demonstrate how to drive; and

(e) Those facilities, records, or equipment DMV deems necessary to inspect, in its discretion, to ensure that the school is complying with all applicable provisions of law.

(4) Refusal to permit DMV to conduct an inspection will result in a sanction imposed pursuant to OAR 735-160-0115.

(5) DMV may investigate any complaint it receives about an Operator or Instructor. The operator, instructor and employees of the school must cooperate with DMV during the investigation. If requested by DMV, the operator must respond to the complaint in writing and provide a copy of the response to DMV by regular mail or email within 10 calendar days from the date DMV notifies the operator of the complaint.

(6) DMV will prepare a written report of each inspection and investigation. A copy of the DMV report, including any sanction or corrective action, will be sent to the operator.

(7) The operator must correct any deficiency identified by a DMV inspector during an on-site inspection within 30 calendar days of the date the inspection report requiring corrective action is issued by DMV.

Or. Admin. Code § 735-160-0035

MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13; 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