Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 5 - Driver Licenses and Identification Cards › Part 31 - COMMERCIAL DRIVER LICENSE THIRD-Y EXAMINERS › Section 260:135-5-176 - Requirements for certification as a certified school; display of certificate; certification renewal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements and application for certification.
A school district,
				  technology center school, or a commercial truck driving school may apply for
				  certification as a certified school. The applying school shall meet the
				  following requirements:
(1) Be actively
				  enrolling students and teaching a formal course of instruction for school bus
				  drivers training as approved by the State Board of Education, or truck driver
				  training as approved by the Oklahoma Board of Career and Technology Education,
				  or a commercial truck driving school.
(2) Obtain and possess written approval to
				  make application for and be, if approved, a certified school from:
(A) the State Board of Education, if the
				  school is a school district, or
(B)
				  the Oklahoma Board of Career and Technology Education, if the school is a
				  technology center.
(C) Service
				  Oklahoma, if the school is a commercial truck driving school that has been in
				  operation for at least two (2) years.
(3) Submit an application to Service Oklahoma
				  on a form prescribed by Service Oklahoma [OAC
				  260:135-5-185] .
(4) Have its on-site examination route or
				  routes examined and approved by the Service Oklahoma CDL Coordinator or his or
				  her designee. A route:
(A) shall start and end
				  on the premises or property of the certified school, unless otherwise approved
				  by Service Oklahoma,
(B) shall meet
				  all state and federal requirements,
(C) shall not be altered or changed in any
				  manner without first being examined and approved by Service Oklahoma,
(D) shall not be replaced by an alternate
				  route unless the alternate route is first examined and approved by Service
				  Oklahoma. If, during the course of the examination, it is determined that any
				  of the approved routes could not be followed, the third-party examiner shall
				  notify Service Oklahoma in writing immediately after completing the test as to
				  the reason for the change in route,
(E) shall not be used to conduct training or
				  practicing for the examination, and
(F) shall be configured to be at least
				  seventy-five percent (75%) different from any route used for training or
				  practicing.
(5) Agree to:
(A) meet minimum examination standards
				  required by Service Oklahoma and by the Federal Motor Carrier Safety
				  Regulations [ 49 C.F.R. Part 383 ];
(B) allow access to school facilities by
				  Service Oklahoma and by the Federal Motor Carrier Safety Administration for the
				  purpose of monitoring examinations and examining records;
(C) comply with the Oklahoma Open Records Act
				  [51 O.S., § 24a.1, et seq.] with regard to records kept pursuant to this
				  Subchapter;
(D) maintain security
				  of examination documents and related material as deemed necessary by Service
				  Oklahoma;
(E) ensure all
				  examinations are administered by a third-party examiner;
(F) ensure third-party examiners administer
				  the examination only to driver license applicants who:
(i) have successfully completed a formal
				  course of instruction at the institution where the third-party examiner is
				  employed and certified, or
(ii)
				  successfully completed a course of instruction at a school district or
				  technology center school in the surrounding counties of the certified school,
				  and
(iii) have a commercial learner
				  permit and driver license issued by Oklahoma. The commercial learner permit
				  must be issued at least fourteen (14) days prior to testing and the date of
				  issuance shall not be included;
(G) ensure no person acts as a third-party
				  examiner without current certification from Service Oklahoma;
(H) provide immediate written notification to
				  Service Oklahoma of any impropriety or misconduct of any third-party examiner
				  employed by the school;
(I)
				  acknowledge that Service Oklahoma reserves the right to take prompt and
				  appropriate remedial action against the certification of any school or of any
				  third-party examiner in the event that the school or the third-party examiner
				  fails to comply with:
(i) any state law,
				  Service Oklahoma rule, or federal regulation regarding the examination of an
				  applicant for a commercial driver license, or
(ii) any terms of the appropriate memorandum
				  of understanding or of a subsequent contract or agreement entered into pursuant
				  to the memorandum of understanding, any terms of the contract or agreement
				  entered into with Service Oklahoma;
(J) maintain records of all third-party
				  examiners employed by the school and copies of all documents relating to
				  examinations administered for a period of not less than three (3) years;
				  provided, if a school discontinues doing business, the school shall send to
				  Service Oklahoma a roster of all students who were administered examinations by
				  the school during the immediately preceding three (3) years;
(K) immediately notify Service Oklahoma by
				  telephone, followed by written notification within five (5) days, of the
				  termination of employment of any third-party examiner. The official seal of
				  Service Oklahoma, the CDL examiner's manual, the score sheet pads and/or
				  testing tablet, and the certificate and identification card issued by Service
				  Oklahoma to the third-party examiner shall be returned to Service Oklahoma with
				  the written notification;
(L)
				  immediately notify the CDL Coordinator of Service Oklahoma, electronically, by
				  telephone, or first-class mail of every fraudulent application made to obtain a
				  commercial driver license; and
(M)
				  acknowledge that Service Oklahoma reserves the right to randomly reexamine
				  applicants tested by third-party examiners for purposes of quality
				  assurance.