Or. Admin. Code § 735-061-0430
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-061-0430 - Qualifications for a Class C Third Party Testing Business(1) To qualify as a testing business, a provider must: (a) Be a private provider of a traffic safety education course that is certified under ORS 336.800 and in accordance with OAR Chapter 737, Division 15, and have continuously provided the traffic safety education course for a minimum of two years immediately prior to executing an agreement with DMV; or be a private provider who is currently contracted to administer CDL skills tests in accordance with OAR Chapter 735, Division 60.(b) Enter into a written agreement with DMV, in accordance with ORS 802.600 and abide by all terms and conditions of the agreement.(c) Maintain a business office or facility within the State of Oregon where driver testing records are securely kept and are available for inspection or audit by DMV. To qualify as a business office or facility, the location 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.(d) Safeguard an applicant's personal information as defined in ORS 802.175, and not disclose an applicant's personal information or test scores to any person unless authorized by DMV in writing prior to the disclosure.(e) Be in compliance with all applicable federal, state and local laws or regulations, including all business and zoning requirements.(f) Pass an inspection conducted by DMV prior to signing an agreement with DMV to administer drive tests. This inspection includes, but is not limited to, office and testing facilities, any vehicle that may be used for administering tests, security of applicant personal information and one or more drive test routes to be used by the third party testing business.(g) Designate at least one testing business representative, who may be the owner or an employee of the Class C third party testing business. If more than one representative is designated, the responsibilities of each must be clearly described, in writing, to the satisfaction of DMV. A representative must have basic computer skills and complete administrative training as required and provided by DMV.(h) Submit to DMV a schedule of all testing services offered and the fee charged for each of those services, if the testing business is compensated for testing services.(i) Submit to DMV one or more proposed Class C drive test routes that meet the specifications provided by DMV. DMV must approve a test route before it can be used for testing.(2) To qualify as a testing business a private provider, in addition to the qualifications listed in section (1) of this rule, must obtain and maintain during the term of the agreement a bond in the amount of $2,500. The bond requirements include all of the following: (a) The bond must have a corporate surety licensed to do business within the state of Oregon.(b) The surety shall notify DMV if the bond is canceled for any reason. (c) The bond must be executed to the State of Oregon.(d) The bond must be filed and held in the office of DMV.(e) DMV shall have a right of action against any testing business to recover costs associated with retesting a person if DMV must retest the person tested by a testing business because DMV has reason to believe the person who obtained driving privileges was not qualified to hold driving privileges.(3) A private provider is not qualified to be a Class C third party testing business if: (a) An owner, representative or other person associated with the testing business has any authorization to administer third party tests issued by any jurisdiction that is currently suspended or has had any authorization revoked or otherwise withdrawn within the previous five years. (b) An owner, representative or other person associated with the testing business has had a Third Party Tester Agreement, issued by any jurisdiction, involuntarily terminated within the five years immediately prior to the date the person submits a proposal in response to DMV's procurement regarding Class C third party testing.(c) Within 10 years prior to submission of a proposal in response to DMV's procurement for third party testing services, an owner, proposed representative or associate of the private provider applying to be a testing business has had any third party testing authorization issued by any jurisdiction, including, a Third Party Tester Certificate or Third Party Examiner Certificate that was suspended, cancelled, or revoked or otherwise involuntarily terminated for conduct that would result in termination of an agreement in Oregon.(d) Within five years prior to submission of a proposal in response to DMV's procurement for third party testing services, an owner, proposed representative or associate of the private provider applying to be a testing business has had a Driver Testing Certificate, a Driver Training School Certificate, Driver Training Instructor Certificate or equivalent authority issued by any jurisdiction suspended, cancelled or revoked.(e) An owner, proposed representative or associate of the private provider applying to be a testing business 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) Fraud, falsification, or misrepresentation; or(B) 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 required of a testing business owner, representative or associate or poses a risk to the safety of persons while performing those duties.(f) An owner, associate or proposed representative of the private provider applying to be a testing business, has engaged in conduct that is substantially related to the person's fitness to administer drive tests on behalf of DMV and that demonstrates to DMV unfitness or inability to perform the duties of a Class C third party testing business.Or. Admin. Code § 735-061-0430
DMV 15-2017, adopt filed 09/26/2017, effective 9/26/2017; DMV 3-2021, amend filed 01/28/2021, effective 1/28/2021Statutory/Other Authority: ORS 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600