justicedao/ipfs_state_laws huggingface dataset:
737-015-0035 Adaptive Strategies for Underserved Areas (1) A provider that delivers a course in underserved areas may qualify for regulatory incentives. (2) A provider that teaches an approved program in a rural or frontier community may qualify for an adaptive strategy to help offset costs associated with delivering a program in underserved areas. (3) Rural and frontier communities shall be designated by ODOT-TSO based on mileage and travel time from a community of specific size. Population is based on the most recent census. Mileage and travel time is based on approved mapping software. (4) For an approved provider to qualify for an adaptive strategy, classroom sessions must be held within the designated rural or frontier community. (5) Only communities designated as rural or frontier shall qualify for adaptive strategies. (6) An adaptive strategy may include, but is not limited to, online instruction or video conferencing to substitute for a portion of classroom seat time, increased daily lesson time limits, or course materials provided by ODOT-TSO. (7) Applying an adaptive strategy in an area that has not been designated as rural or frontier, or misuse, fraud, or altering the intended use of an adaptive strategy may lead to sanction. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 7-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
737-015-0050 Instructional Materials and Equipment (1) Current traffic safety education instructional materials shall be provided for each student enrolled for classroom instruction, and shall be available to students during the classroom and behind-the-wheel instruction. (2) Any motor vehicle used by an approved provider, for the behind-the-wheel instruction portion of a traffic safety education course shall: (a) Be equipped with a dual control; (b) Be maintained in good mechanical condition; (c) Meet the safety and equipment standards of the Oregon Vehicle Code; (d) Be equipped with approved seat belts for the student driver, the instructor and any observing passengers; (e) Be equipped with a functional heater and defroster; (f) Be equipped with the following emergency equipment: a fire extinguisher; first aid kit in compliance with OR-OSHA Bloodborne Pathogens Standards; and three flares or three approved reflectors; (g) Be clearly identified with an appropriate sign or signs stating: "Student Driver" or "Dual Control Car, Driver Education" or "Driver Education Car." Such identification must be clearly visible and readable to pedestrians and other traffic; (h) Be properly registered in Oregon or an adjacent state; (i) Be covered by insurance as required by the state of Oregon; and (j) Be equipped with at least the following mirrors: (A) One mirror on each side of the vehicle, mounted either inside or out, for the use of the instructor and the student while properly seated; (B) A rear view mirror for the use of the driver; and (C) An instructor eye check mirror to monitor eye movements of the student driver. (D) An instructor rear view mirror. (3) Headlights must be in use at all times — low or high beam, as appropriate — during behind-the-wheel instruction. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 8-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07 TSS 2-2001, f. & cert. ef. 8-13-01 TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00 TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00
737-015-0060 Use of Driving Simulators (1) Not more than one-half of the required hours specified for behind-the-wheel instruction may be given by means of a driving simulator, in accordance with the ratio for driving simulator to behind-the-wheel instruction found in OAR 737-015-0020(4) (2) Driving simulator instruction may not precede classroom instruction. If offered, simulation must be offered concurrently with classroom instruction beginning September 1, 2008. (3) An instructor must complete a workshop in driving simulation operation and application before providing instructions on the driving simulator. (4) Documentation of the completed workshop must be kept in the instructor’s file. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 9-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07 TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00 TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00
737-015-0074 Instructor Responsibilities (1) An approved instructor must meet all requirements of his or her employer. (2) An instructor must: (a) Meet all instructor qualifications set forth in OAR 737-015-0070 when teaching in an approved program. (b) Provide a copy of a valid approved instructor certification card to an employer prior to teaching an approved course for that employer. (c) Provide student training that meets the curriculum requirements set forth in OAR 737-015-0030. (d) Accurately complete all applicable student driver records required under OAR 737-015-0090. (e) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 737-015-0080. (f) Comply with all statutes, administrative rules and regulations relating to an approved instructor. (g) Notify ODOT-TSO by mail or facsimile within 24 hours, excluding state holidays or weekends of any: (A) Notice of civil legal action filed against the instructor related to acting as an instructor; or (B) A conviction for an offense described in OAR 737-015-0070(3)(h); and (C) If requested, respond to ODOT-TSO in writing by facsimile or mail within 10 calendar days (excluding weekends and state holidays) to any complaint received by ODOT-TSO. (3) An instructor may not: (a) Teach an approved course without valid approved instructor certification; (b) Transfer his or her approved instructor certification to any other individual; (c) Allow any student to operate a motor vehicle without a valid driver license or instruction permit; (d) Allow any student to participate in classroom instruction or behind-the-wheel instruction if the instructor has reason to believe the student driver is under the influence of an intoxicant; (e) Provide classroom instruction or behind-the-wheel instruction if the instructor is under the influence of an intoxicant; or (f) Teach if the instructor has a physical or mental condition or impairment that affects the individual’s ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle. Statutory/Other Authority: 184.619 & 802.345 Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 11-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
737-015-0085 Code of Ethics and Rules of Conduct (1) Each provider and instructor accepts the responsibilities and requirements of the driver education profession and must adhere to the highest ethical standards of professional conduct. (2) To fulfill their obligations to the public and to ODOT-TSO, the provider and instructor must: (a) Recognize that the instruction and training of student drivers is a position of trust; (b) Exhibit competence and wisdom in conducting professional responsibilities; (c) Uphold and obey the law, including but not limited to the provisions of the Motor Vehicle Code; and (d) Maintain and uphold the highest educational standards possible for instructing and training student drivers. (3) A provider or instructor may not engage in or knowingly allow any owner, administrator, manager, or employee of an approved program to engage in any of the following: (a) Assist or knowingly allow a student driver to fraudulently obtain driving privileges for which the student driver is ineligible or has not qualified; (b) Discriminate against a student because of race, religion, national origin, size, disability, age, sex, or sexual orientation; (c) Have sexual contact with, or request sexual contact from, a student; (d) Make sexual advances either verbally or physically or request sexual contact from any student, whether directly, indirectly or by innuendo; (e) Use physical force or a threat of physical force against a student driver, unless such force or threat is necessary to avoid immediate danger to the safety of the student driver, the provider, or instructor, an employee of the school, a passenger in a vehicle being used for behind-the-wheel instruction, or the general public; (f) Possess any unlawful controlled substance or intoxicating beverage or be under the influence of any intoxicating beverages, drugs or controlled substances while training or instruction is being provided to students; or (g) Falsify any document or make a misrepresentation on an application or record. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 13-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
737-015-0090 Recordkeeping (1) The approved provider must maintain the following records: (a) A record for each student who begins, regardless of whether or not the student completes, an approved course including: (A) The dates of the course, including beginning and end date; (B) The final grade achieved, if course is completed; (C) Verification that the student had a valid instruction driver permit on the first day of class; (D) The student’s mailing address; (E) The student’s progress, both in-car and in the classroom; (F) A record of five hours supervised home practice; (G) Evaluation results, including written skill assessments; (H) Attendance and time involvement for classroom and in-car lessons. Documentation must include date and amount of time a student participated in each lesson. (I) Records must clearly show a minimum of 30 hours classroom instruction, 6 hours behind-the-wheel instruction, 6 hours practice driving observation and 5 hours supervised practice. Makeup sessions must be clearly documented with the date and amount of time. (b) A record for all instructors, including current and past instructors, who have conducted the classroom or behind-the-wheel portion of a traffic safety course. Instructor records must include: (A) A copy of a valid approved instructor certification card issued by ODOT-TSO during the period of time the instructor taught for the employer; (B) Hire date; and (C) Date of separation, if applicable. (c) The curriculum guide currently in use; (d) A copy of all accident reports for reportable accidents relating to a driver education motor vehicle owned or operated by the approved provider; (e) Written policies and procedures required by OAR 737-015- 0076 and ORS 336.805; (f) Record of the tuition and other fees charged and received from a student; and (g) Income, expenditure and reimbursement records, including backup documentation, that support the request for reimbursement as provided by ORS 336.805 and as required by OAR 737-015-0100 and 737-015-0105. (2) Records must be retained for three years for instructors and five years for all other program records. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 14-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14 TSD 3-2010, f. & cert. ef. 7-30-10 TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10 TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07 TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00 TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00
737-015-0095 Electronic Driver Education Entry (1) DMV shall give an approved provider access to DMV2U to check potential student eligibility, determine subsidy eligibility, and to enter student course results. (2) An approved provider shall ensure the student is eligible to take the driver education course by entering the required data into DMV2U prior to the start of the course. (3) An approved provider shall enter the student’s passing result and the date of the passing result into DMV2U within five business days after a student completed the course and passed the final drive assessment. (4) An approved provider shall enter a student’s course failure result into DMV2U prior to claiming reimbursement for a student who completed the course with a failing result. (5) An approved provider shall enter an electronic driver education completion notation with a passing notation into DMV2U when a student, within two years of completing the course, requests a new Student Completion Certificate because the student’s previously issued Student Completion Certificate is no longer available. (6) DMV shall enter an electronic driver education completion notation with a passing notation into DMV2U when a student, within two years of completing the course, requests a new Student Completion Certificate and the approved provider no longer has access to DMV2U. Statutory/Other Authority: ORS 184.619, 336.802 & 802.010 Statutes/Other Implemented: ORS 336.800, 336.802, 336.805, 336.810, 802.110 & 807.065 History: TSO 2-2024, adopt filed 10/10/2024, effective 10/14/2024
737-015-0100 Subsidy for Approved Courses (1) ODOT-TSO will reimburse approved providers for traffic safety education courses that meet the requirements of OAR 737-015-0010 through 737-015-0130. (2) Approved public providers amount of reimbursement shall not be greater than the net cost of conducting the course, nor shall it exceed $210 per pupil completing the course, except as defined in 737-015-0035 or 737-015-0105. In no case shall the public provider receive more than its eligible expenses less tuition received. (3) Approved private providers amount of reimbursement shall not be greater than the net actual cost of conducting the course, plus a profit of not more than 12% of the net actual cost of conducting the course, unless under contract to a public provider; but in no event shall it exceed $210 per pupil completing the course, except as defined in 737-015-0035 or 737-015-0105. (4) If funds available to ODOT-TSO for the Student Driver Training Fund are not adequate to pay all approved claims in full, approved providers will receive a pro rata reimbursement based upon the ratio of the total amount of funds available to the total amount of funds required for maximum allowable reimbursement. Calculation for pro rata reimbursement will be as follows: the total amount of funds available in the Student Driver Training Fund will be divided by the statewide total number of students eligible for reimbursement. This calculation will generate a prorated per student amount. Each approved provider’s reimbursement will be determined by multiplying the prorated amount times the number of eligible students claimed by the approved provider. (5) Accurate and complete records of the revenue and cost of conducting an approved course must be kept by the approved provider in accordance with generally accepted accounting principles, and reports must be submitted to ODOT-TSO by each approved provider seeking reimbursement on Division-approved reimbursement forms. All student fees must be received by the approved provider seeking reimbursement. (6) Distribution of funds available in the Student Driver Training Fund shall be made no more than once a month by the ODOT-TSO Administrator based on the reimbursement form submitted by the approved provider. (7) ODOT-TSO will reimburse costs of approved courses that comply with OAR 737-015-0010 to 737-015-0130. (8) Approved providers shall receive reimbursement only for eligible students who have completed the approved course prior to issuance of their Oregon provisional driver license, have not reached the age of 18, and have not been previously claimed for reimbursement. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 15-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14 TSD 3-2010, f. & cert. ef. 7-30-10 TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10 TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07 TSS 2-2001, f. & cert. ef. 8-13-01 TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00 TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00
737-015-0105 Income-Based Subsidy for Approved Courses (1) As used in this rule, “Low income student” means a student whose household meets income eligibility guidelines for a benefit program administered by an Oregon state or federal agency that is selected by ODOT-TSO. (2) ODOT-TSO may reimburse approved providers for traffic safety education courses that meet the requirements of OAR 737-015-0010 through 737-015-0130 in an amount above and apart from reimbursement authorized in OAR 737-015-0100 as defined in this rule. (3) Approved providers may offer discounted tuition to low income students. If an approved provider has reduced the regular tuition cost based on income eligibility, TSO may reimburse the approved provider up to $75 per student. (4) An approved provider who has granted discounted tuition to a qualified low income student must complete the appropriate portion of the provided reimbursement form to obtain subsidy under this rule. (5) The total for reimbursements under OAR 737-015-0100 and 737-015-0105 combined may not exceed the provider’s eligible expenses less tuition received, except as described for private provider profit margin as described in 737-015-0100(3). (6) The provisions of this rule are suspended if the Student Driver Training Fund reimbursement funds become prorated, as in 737-015-0100(4) (7) Unless explicitly stated herein, all conditions stated under 737-015-0100 apply to this rule. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 16-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
737-015-0130 Appeal Process and Reinstatement (1) A provider or instructor has the right to appeal a sanction or other actions. (2) An approved provider or instructor whose approval 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. (3) Upon notification of suspension, revocation, cancellation, reduction or denial of reimbursement or any other sanction, a provider or instructor may have the right to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500. (4) Except as provided for in section (6) of this rule, a request for a hearing must be submitted in writing to, and received by, ODOT-TSO within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation may not go into effect pending the outcome of the hearing, unless the approval is immediately suspended or cancelled. (5) If the approval is immediately suspended or cancelled as set forth in OAR 737-015-0120(9) or (13), the request for hearing must be submitted in writing to, and received by, ODOT-TSO within 90 days of the date of notice of suspension. The suspension or cancellation must remain in effect pending the outcome of the hearing. (6) Except as provided in OAR 137-003-0003, when no request for a hearing is received by the deadline, the approved provider or instructor has waived the right to a hearing, ODOT-TSO’s file must constitute the record of the case, and a default order must be issued by ODOT-TSO. (7) If a provider or instructor approval has been revoked, the provider or instructor may reapply after a period of revocation of five years and must meet all the requirements for approval. (8) If the provider or instructor approval is cancelled, the provider or instructor may reapply when they have met all of the requirements. (9) At the end of a suspension period, ODOT-TSO will reinstate the provider or instructor approval unless the provider or instructor does not meet the qualification requirements for the approval. If the approval has expired, the provider or instructor must reapply and must meet all the requirements for new certification. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.790, 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 19-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14
737-020-0010 Purpose The purpose of these rules is to maintain a list of approved providers to be provided to courts pursuant to Oregon Laws 2017, chapter 629, section 4 by: (1) Establishing minimum standards for course curriculum to implement a distracted driving avoidance course; (2) Establishing a procedure to approve distracted driving avoidance courses that meet the curriculum standards; (3) Establishing rule to provide minimum and uniform standards for the approval, suspension, and revocation of distracted driving avoidance course providers who provide instruction under Oregon Laws 2017, chapter 629, section 4; and (4) Establishing requirements for drivers required to take a distracted driving avoidance course to obtain proof of course completion. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 20-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-020-0020 Definitions As used in these rules, unless the context otherwise requires: (1) “Approved Course” or “course” means a distracted driving avoidance course or program conducted by an approved provider. An approved course may be offered online or in a classroom setting. (2) “Approved provider” or “provider” is a person or business that has been granted approval by ODOT-TSO to provide instruction using a Division-approved curriculum. (3) “Completion Certificate” means a certificate provided by an approved provider to a course participant that serves as proof the participant successfully completed an approved course. (4) “Department” or “ODOT” means the Oregon Department of Transportation. (5) “Division” or “ODOT-TSO” means the Transportation Safety Office of the Oregon Department of Transportation. A reference to the Division or ODOT-TSO may include its designee. (6) “Distracted Driving Avoidance Course” means an approved course as required by Oregon Laws 2017, chapter 629, section 4. (7) “Revocation” means the termination of the authority granted an approved provider to be on the list of approved providers. (8) “Sanction” means an action taken by ODOT-TSO against a provider for non-compliance with Oregon law or ODOT-TSO rule related to the distracted driving avoidance course. (9) “Successful Completion” by a participant means having attended 90 minutes of instruction (or makeup sessions) and completing all required assignments with a minimum of 80% passing score. (10) “Suspension” means the temporary withdrawal for a specified period of time of the approved provider from the approved provider list and ODOT-TSO approved provider status. (11) “These rules” means the Oregon Administrative Rules, Chapter 737, Division 20. (12) “Warning” means a written correction notice issued by ODOT-TSO that requires a provider to take corrective action as specified. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch. 629 sec. 4 History: TSD 21-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018