Or. Admin. Code § 735-061-0470

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

Section 735-061-0470 - Code of Ethics and Rules of Conduct

(1) The standards of professional conduct for a testing business for any owner, officer, agent, director, manager, examiner or employee must be consistent with the standards of professional conduct expected of a person employed by DMV who administers Class C drive tests. Therefore, DMV requires the testing business and any person employed by or associated with the testing business to be professional and respectful in all dealings with applicants and other persons while ensuring the safety of Oregon roads.

(2) A testing business may not engage in or allow any owner, officer, agent, director, manager or employee to engage in any of the following:

(a) Assisting or allowing an applicant falsely:

(A) Receive a passing score on the drive test when the applicant either failed the test, did not take the test, did not take the complete test, or took a test that was not administered in accordance with the training provided by DMV; or

(B) Obtain driving privileges for which the applicant is ineligible or is not qualified to obtain.

(b) Discriminating against any applicant on the basis of race, religion, national origin, disability, age, sex or sexual orientation;

(c) Accepting or requiring anything of value, other than the posted fee, from an applicant;

(d) Having sexual relations with or requesting sexual relations from an applicant. For purposes of this section, "sexual relations" means:

(A) Sexual intercourse; or

(B) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party.

(e) Using physical force or a threat of physical force against an applicant, unless such force or threat is necessary to avoid immediate danger to the safety of the applicant, the third party examiner, employees of the third party examiner or other individuals;

(f) Possessing any unlawful controlled substance, inhalant, intoxicating beverage, marijuana item or cannabis, or being visibly intoxicated while administering a drive test;

(g) Falsifying any document or making any misrepresentation in any document that relates to any testing activity; or

(h) Bribing a DMV employee by offering, conferring or agreeing to confer any pecuniary benefit upon a DMV employee when it is evident from the circumstances that the bribe is to influence the results of a DMV inspection or evaluation.

Or. Admin. Code § 735-061-0470

DMV 15-2017, adopt filed 09/26/2017, effective 9/26/2017

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.600

Statutes/Other Implemented: ORS 802.600