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 260:135-5-187 - Prohibited acts; conduct

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certified
				  schools - prohibited acts.
A certified school shall not:
(1) permit to be used any form of alcoholic
				  beverage or drugs in, on or about the school premises, including the
				  examination route, or in any commercial motor vehicle being used for the
				  purpose of training or administering a skills examination,
(2) require or permit the administration of
				  an examination to any commercial driver license applicant with any physical
				  disability. The Third-Party Examiner shall direct these individuals to a
				  Service Oklahoma Driver License Examiner.
(3) require or permit the administration of
				  an examination to any person who has not enrolled in and successfully completed
				  a course at the certified school employing the Third-Party Examiner, another
				  school district that is recognized by the State Department of Education,
				  another technology center school that is recognized by the Oklahoma Board of
				  Career and Technology Education, or any commercial truck driving school
				  approved by Service Oklahoma. The Third-Party Examiner shall not administer the
				  skills test to applicants he or she has instructed in the classroom or in
				  behind the wheel training.
(4)
				  require or permit any person other than a Third-Party Examiner employed by the
				  school to administer any examination,
(5) require or permit the administration of
				  an examination in a vehicle required to be placarded for hazardous materials or
				  any other vehicle referred to in OAC
				  260:135-5-168, or
(6) commit or omit any act which constitutes
				  a violation of any of the rules of this Subchapter or the laws of this state or
				  federal regulations governing Third-Party Examiner certification.
(7) Failure to comply with Third-Party
				  Examiner Program requirements, the Third Party Examiner Agreement, applicable
				  federal or state statutes and regulations may result in the suspension or
				  revocation of the school, the designated responsible person, the Third-Party
				  Examiner Program and/or the Third-Party Examiner's testing
				  privileges.
(8) Penalties for
				  non-compliance violations with this program are defined and applied as follows:
(A)
Administrative
				  Non-Compliance.
Failure to meet requirements for reporting,
				  notifications, record keeping, or similar acts that do not compromise test
				  integrity or public safety.
(i) First
				  violation of Administrative Non-Compliance will result in a warning letter sent
				  to the school.
(ii) The second and
				  subsequent violations of Administrative Non-Compliance will result in a thirty
				  (30) day suspension of testing authority issued by Service
				  Oklahoma.
(B)
Discrepancy in Test Procedure (substandard testing).
The following
				  will result in the termination of the testing authority and permanent removal
				  from the program:
(i) failure to properly
				  administer a required portion of an otherwise complete test procedure, such as
				  omission of a required maneuver, or
(ii) failure to include all required parts of
				  a test procedure, such as omission of the vehicle inspection, or
(iii) failure to use an approved test route,
				  or
(iv) use of an unsafe vehicle,
				  or
(v) any other action determined
				  to significantly compromise the integrity of the test process or public safety
				  will result the termination of the testing authority and permanent removal from
				  the program.
(C)
Fraud.
The following fraudulent activity will result in the
				  termination of testing authority:
(i)
				  profiting from the issuance of a license to a person that has not passed a
				  complete skills test,
(ii)
				  falsification of records or information,
(iii) refusal to allow access to all
				  documents, papers, letters and material subject to the provisions of the
				  Third-Party Tester Program, or
(iv)
				  commits an act that, in the opinion of Service Oklahoma, compromises the
				  integrity of the Program.