Or. Admin. Code § 736-004-0130

Current through Register Vol. 63, No. 10, October 1, 2024

Section 736-004-0130 - Approved Internet Course Providers

(1) OPRD may regulate, approve, and limit the number of all-terrain vehicle safety internet courses provided for public use.

(2) Individuals and organizations may apply to OPRD to provide an ATV safety course as an internet course. An internet course provider applicant must submit a written request for course review and approval to OPRD.

(3) OPRD will review the applicant's internet course submittal to determine whether the proposed course:

(a) Meets the Oregon Internet Approval Standards provided by OPRD;

(b) Maintains Oregon-specific ATV safety information. An internet hyperlink to the OPRD website alone will not satisfy this requirement;

(c) Includes a final exam that has at least 14 Oregon-specific questions;

(d) Includes a final exam that has at least 50 total questions; and

(e) Requires a passing score of at least 80 percent correct answers on the final exam.

(4) An internet course provider approved to offer the public the opportunity to obtain an All-Terrain Vehicle Safety Education Card online must:

(a) Submit any proposed internet course changes to OPRD for approval;

(b) Provide OPRD compatible electronic data files as specified by OPRD, containing all OPRD required data regarding individuals who are eligible to receive an All-Terrain Vehicle Safety Education Card. OPRD will specify the form and method that an internet course provider will transmit files to OPRD;

(c) Provide OPRD weekly deposits, if applicable, on a deposit day and to an account number specified by OPRD;

(d) Provide OPRD accounting section weekly reports indicating the total fee charged for each All-Terrain Vehicle Safety Education Card application and the total amount the internet course provider must pay OPRD; and

(e) Before personal information is exchanged online, provide each All-Terrain Vehicle Safety Education Card applicant information regarding security measures the internet course provider employs for financial transactions. All transactions must follow industry security standards.

(5) An internet course provider may not publish, promote or distribute to the public any materials or products that include the OPRD shield, logo, or name until OPRD has provided written approval to do so.

(6) An internet course provider may establish and charge its own All-Terrain Vehicle Safety Education Card testing fee. An internet course provider must clearly communicate the testing fee amount to each All-Terrain Vehicle Safety Education Card applicant prior to accepting an application.

(7) OPRD may place any approved internet course provider on probation for a period of up to 24 months or revoke an approved internet course if OPRD determines that the internet course provider:

(a) Made false statements or misrepresentations to OPRD;

(b) Made false statements or misrepresentations about, or otherwise misused, OPRD policies, OPRD procedures or OPRD;

(c) Failed to comply in any manner with federal or state law, including the rules of this division,

(d) Misinformed the public in advertising, marketing, or publishing efforts; or

(e) Generated or provided an All-Terrain Vehicle Safety Education Card for the State of Oregon.

Or. Admin. Code § 736-004-0130

PRD 1-2012, f. & cert. ef. 2-15-12

Stat. Auth.: ORS 183 & 390.124

Stats. Implemented: ORS 390.124(1)