Or. Admin. Code § 735-160-0115

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

Section 735-160-0115 - Commercial Driver Training School and Instructor Sanctions

(1) DMV may impose sanctions when it determines that a school or an instructor has violated any provision of the Oregon Vehicle Code or of these Division 160 administrative rules.

(2) DMV will impose a sanction appropriate for the particular violation. DMV will consider the following factors when determining an appropriate sanction:

(a) The severity of the violation;

(b) The possible impact of the violation on the safety of the public;

(c) The number of similar or related violations;

(d) Whether the violations were willful or intentional;

(e) The history of prior sanctions imposed by DMV;

(f) Whether the violation is an isolated occurrence, part of a continuing pattern, or one of a series of violations;

(g) The history of prior violations;

(h) Any extenuating circumstances or other factors bearing on the appropriate nature of the sanction; and

(i) The history of prior sanctions imposed by DMV on other schools or instructors for a similar violation.

(3) When DMV imposes a suspension or revocation of a school certificate or an instructor certificate based on a violation or violations that occurred while the school, operator, or instructor held a school certificate or instructor certificate, and the school certificate or instructor certificate has expired or will expire during the sanction period, the suspension or revocation shall be imposed for the School's or Instructor's right to apply for a school certificate or instructor certificate for the duration specified within this rule.

(4) DMV may cancel a commercial driver training school certificate if the school or operator fails to maintain the eligibility or qualification requirements under ORS 822.500 to 822.515 or as prescribed in these Division 160 rules.

(5) DMV may cancel a driver training instructor certificate if the instructor fails to maintain the eligibility or qualification requirements under ORS 822.500 and 822.515 or as prescribed in these Division 160 rules.

(6) DMV may suspend a school certificate for no less than 30 calendar days and no more than one year. DMV may suspend an instructor certificate for no less than 30 calendar days and no more than one year. The following are examples of violations that may result in suspension:

(a) Public Safety - A public safety violation includes, but is not limited to, the following:

(A) Permitting a person who does not have an instructor certificate issued by DMV to provide driver training to a student;

(B) Allowing a student to train in an unsafe vehicle; or

(C) Failing to adhere to the motor vehicle requirements prescribed in OAR 735-160-0040.

(b) Integrity of the Commercial Driver Training School program - An integrity violation includes, but is not limited to, the following:

(A) Permitting an instructor whose instructor certificate has been suspended, cancelled, or revoked by DMV to provide driver training to a student;

(B) Providing driver training when the school's school certificate has been suspended, cancelled, or revoked by DMV.

(C) Conducting business in a manner that reasonably makes a student feel intimidated;

(D) Failing to adhere to the promotion practices and location requirements prescribed in OAR 735-160-0020;

(E) Conducting business in a manner that causes a student to pay additional fees or fees that are not required for the services requested;

(F) Accepting payment from a student but failing to provide promised services to the student within a reasonable period. "Failing to provide promised services" does not include payment, or a portion of a payment, accepted and retained by the school in accordance with a cancellation policy maintained by the school and made available to the student prior to payment; or

(G) Refusing to permit DMV to conduct an inspection, as required by OAR 735-160-0035.

(H) Failing to provide a student with a copy of the Commercial Driver Training School Feedback form (DMV form 735-7419).

(c) Security of personal information - A security violation includes, but is not limited to, failing to maintain proper security of records that must be retained as part of the Commercial Driver Training School program.

(d) Multiple minor violations of these Division 160 rules observed in a single inspection.

(e) Failing to correct the conduct or circumstances underlying a violation communicated to the school or instructor in a written warning, including those communicated on correction notices or inspection reports, resulting in the continued occurrence of the same or a similar violation.

(7) DMV may revoke a school certificate for no less than one year and no more than five years. DMV may revoke an instructor certificate for no less than one year and no more than five years. DMV may impose a revocation upon review of the criteria described in this rule if the school, operator, or instructor:

(a) Fails to correct violations that have led to one or more previous suspensions;

(b) Commits multiple violations, that individually would otherwise result in a suspension, that are observed during one or more inspections; or

(c) Commits a violation that is severe or that has a significant negative impact on public safety.

(8) DMV may permanently revoke a school certificate if DMV determines that the school or operator was convicted of crime or has violated any provision of the code of ethics and rules of conduct set forth in OAR 735-160-0130.

(9) DMV may permanently revoke an instructor certificate if DMV determines that the instructor was convicted of crime or has violated any provision of the code of ethics and rules of conduct set forth in OAR 735-160-0130.

(10) DMV may impose an immediate suspension under section (6) of this rule of a school certificate or instructor certificate in accordance with the provisions of ORS 183.430. DMV may impose such a suspension in addition to a permanent revocation under section (8) or (9) of this rule.

(11) An operator or instructor whose certificate has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(12) When DMV takes action to suspend, revoke or cancel a school certificate DMV will send notice to the operator listed on the school certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the school's most current address on record with DMV.

(13) When DMV takes action to suspend, revoke or cancel an instructor certificate DMV will send notice to the instructor listed on the instructor certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (for an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the school listed as the instructor's current employer. DMV will use the school's most current address on record with DMV.

(14) Except as provided for in section (15) of this rule, a request for a hearing must be submitted in writing to, and received by, DMV within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation will not go into effect pending the outcome of the hearing, unless the school certificate is immediately suspended or cancelled.

(15) If the school certificate is immediately suspended or cancelled as set forth in OAR 735-160-0115, the request for hearing must be submitted in writing to, and received by, DMV within 90 days of the date of the notice of suspension. The suspension or cancellation will remain in effect pending the outcome of the hearing.

(16) Except as provided in OAR 137-003-0528, when no request for a hearing is received by the deadline, the operator or instructor has waived the right to a hearing, DMV's file constitutes the record of the case, and a default order will be issued by DMV.

(17) If a school certificate or instructor certificate is revoked, the operator or instructor may reapply for an original certificate after the period of revocation and must meet all the qualifications and requirements for the certificate.

(18) If the school certificate or instructor certificate is cancelled, the operator or instructor may reapply for an original certificate when they have met all requirements for a certificate and fees are paid in accordance with ORS 822.700.

(19) At the end of a suspension period, DMV will reinstate the school certificate or instructor certificate unless the certificate has expired, or the operator or instructor does not comply with the reinstatement requirements or meet the qualification requirements for the certificate. If the certificate is suspended and has been expired for more than one year, the operator or instructor must reapply for an original certificate, comply with the reinstatement requirements, meet all the qualifications and requirements for a new school certificate or instructor certificate, and pay fees in accordance with ORS 822.700.

Or. Admin. Code § 735-160-0115

DMV 15-2005, f. & cert. ef. 5-19-05; DMV 14-2007, f. & cert. ef. 12-24-07; 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