Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-04 - Qualifications for third-party testers

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates and availability of
				material incorporated by reference in this rule, see paragraph (A) of rule
				4501-47-01
				of the Administrative Code.]
(A)
			 Each entity that applies for authorization as a third-party tester shall submit
			 a
			 completed "Application for Certification
			 of Commercial Driver License Third Party Tester". The third-party tester
			 shall also submit an "Application for Certification of Commercial Driver License
			 Third Party Examiner" for each examiner who will conduct skills tests.
No person or entity shall act as a third-party tester unless
				approved by the department.
(B) Upon the award of a third-party tester
			 contract, the third-party tester shall receive a certificate of authorization
			 as an "official Ohio commercial driver's license third-party tester" and a
			 certificate of authorization and examiner identification card for each
			 third-party examiner who is approved to administer skills tests by meeting
			 the requirements in this rule.
(C)
			 An 
								"Application for Certification of
			 Commercial Driver License Third Party Tester" that does not contain
			 applications for examiners is ineligible to receive a contract as a third-party
			 tester.
(D) Each entity authorized
			 as a third-party tester shall meet the following criteria:
(1) The organization or person shall maintain
			 an established place of business in Ohio, with at least one permanent,
			 regularly occupied structure, in Ohio.
(2) The established place of business shall
			 have a permanent mailing address 
									that must include a street address.
(3) The organization or person shall
			 designate a safety officer or other individual as a manager who will be
			 responsible for their third-party testing operation.
(4) No third-party tester may administer
			 commercial driver's license skills tests to its employees.
(5)
									
									The organization or person shall maintain a
			 department of transportation safety rating of satisfactory if subject to the
			 federal motor carrier safety regulations.
(6) The third-party tester shall maintain
			 accurate records in accordance with the requirements of rule
			 4501-47-08 of the
			 Administrative Code pertaining to the skills test program.
(7)
									A skills test examiner who is also a
			 skills instructor as a part of a school, training program, or otherwise is
			 prohibited from administering a skills test to an applicant who received skills
			 training by that skills test examiner.
(8) The organization or person shall sign a
			 written agreement with the department 
									that outlines the contractual duties and
			 responsibilities of a third-party tester and 
									that is subject
			 to termination by the department upon breach of any of its terms by the
			 third-party tester.
(9) The
			 third-party tester shall permit representatives of the department, state of
			 Ohio, and the federal motor carrier safety administration to conduct random
			 examinations, inspections and audits without prior notice.
(10) The third-party tester shall give the
			 same skills test as the 
									department and shall acknowledge that the
			 
									department
									
									may take prompt action against it in the event
			 the tester fails to comply with state of Ohio or federal standards for the
			 commercial driver testing program or with any other terms of the third-party
			 agreement.
(11) The department
			 shall deny any proposal for third-party tester or examiner authorization, if
			 the proposer does not meet all the requirements of this chapter or the proposed
			 examiners identified in the tester's proposal do not meet the requirements of
			 this chapter.
(12) Any
			 misrepresentations or omissions in the "Application for
			 Certification of Commercial Driver License Third Party Tester" shall be
			 grounds for denying certification.
(13)
									The organization
			 or person shall ensure
									 that
			 the skills tests are conducted in accordance with the requirements of this
			 chapter and the instructions provided by the department.