Or. Admin. Code § 735-060-0030
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-060-0030 - Qualifications for CDL Third Party Testers(1) To qualify for a CDL Third Party Tester Certificate, a person must meet and continue to meet throughout the term of the certificate, all of the following qualifications: (a) Maintain a business office or facility within the State of Oregon where CDL applicant records are securely kept and are available for inspection or audit by DMV, the Oregon Secretary of State's Office or the FMCSA. To qualify as a business office or facility, it must be staffed and open during posted business hours or have a business phone with an answering service, answering machine or voice mail service, with the ability to return all business related messages no later than the following business day.(b) Comply with all federal, state and local laws or regulations, including all business and zoning requirements.(c) Have a business name that is registered and listed as active with the Corporation Division of the Office of the Oregon Secretary of State, unless the person is a department, agency or instrumentality of a state or local government.(d) Have an active e-mail address and Internet access.(e) Be awarded and have in place a fully-executed CDL Third Party Tester personal services contract, interagency agreement, or intergovernmental agreement with DMV and comply with all of its terms and conditions.(f) Designate at least one CDL Third Party Tester Representative, who may be the owner or an employee of the Tester. If more than one Representative is designated, the responsibilities of each must be clearly described, in writing, to the satisfaction of DMV. The Representative must have basic computer skills and complete administrative training as required and provided by DMV.(g) Have an owner or a representative who is certified as a CDL Third Party Examiner or is currently seeking certification from DMV as a CDL Third Party Examiner, or have at least one Examiner associated with it.(h) Maintain comprehensive insurance coverages as specified in the CDL Third Party Tester contract or agreement. If a CDL Third Party Tester is a unit of local government or Oregon State agency and is self-insured, the Tester must provide DMV with verification of that self-insurance.(i) Provide to DMV a surety bond as specified in the CDL Third Party Tester contract. Units of local government and Oregon state agencies are exempt from the requirement to maintain a surety bond.(j) Provide to DMV a statement of consent, signed by an owner or the Representative, allowing DMV to confirm the liability insurance described in subsection (1)(h) of this rule and the surety bond described in subsection (1)(i) of this rule.(k) Pass the inspection described in OAR 735-060-0040.(l) Submit to DMV a schedule of all testing services offered and the fee for each of those services, if the Tester charges fees for testing services.(m) Administer CDL skills tests in compliance with all the requirements set forth in OAR 735-060-0120 and the Third Party Tester contract or agreement.(2) A person is not qualified for a CDL Third Party Tester Certificate if the person fails to meet any of the following requirements: (a) The person has a CDL Third Party Tester Certificate, a CDL Third Party Examiner Certificate or equivalent authorization, issued by any jurisdiction that is currently cancelled, suspended, revoked or otherwise withdrawn.(b) The person has had a CDL Third Party Tester Agreement, issued by any jurisdiction, involuntarily terminated within the five years immediately preceding the date the person requests a CDL Third Party Tester Certificate from DMV.(c) The person, an owner, agent or manager of the business requesting the Tester Certificate or the proposed Representative has had a CDL Third Party Tester Certificate, a CDL Third Party Examiner Certificate, or equivalent authorization, issued by any jurisdiction, that was cancelled, suspended, revoked, or otherwise involuntarily terminated for conduct that would result in permanent revocation in Oregon.(d) The person, an owner, agent or manager of the business applying for the Tester Certificate or the proposed Representative has a Driver Testing Certificate, Examiner Certificate, a Driver Training School Certificate, Driver Training Instructor Certificate, or equivalent authority issued by any jurisdiction that is currently cancelled, suspended, or revoked.(e) The person, an owner, agent or manager of the business applying for the Tester Certificate or the proposed Representative has been terminated from employment with a state driver licensing agency, any Third Party Tester or equivalent business, a Driver Training School or equivalent business, in any jurisdiction, for a cause related to fraud, or any other reason if DMV determines from the facts and intervening circumstance of the termination that the person is not fit to perform the duties of a Tester or poses a risk to the safety of persons while performing those duties.(f) The person, an owner, agent or manager of the business applying for the Tester Certificate or the proposed Representative has engaged in conduct that is substantially related to the person's fitness to hold a CDL Third Party Tester Certificate and that demonstrates to DMV unfitness or inability to perform the duties of a Tester.(g) The person is a motor carrier with an unsatisfactory safety rating from FMCSA or the Oregon Department of Transportation, Motor Carrier Transportation Division.Or. Admin. Code § 735-060-0030
MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 18-1986, f. & ef. 10-16-86; MV 4-1987, f. & ef. 5-18-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0630; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10; DMV 5-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019; DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070