Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0011 - Issuance of Commercial Driver Training School Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An operator
			 must apply for an original or renewal school certificate pursuant to ORS
			 822.515 and must:
(a) Submit a completed application on a form
			 or in a format provided or established by DMV.
(b) Meet the qualifications listed in OAR
			 735-160-0010.
(c) Authorize DMV to conduct the operator's
			 criminal background check. Criminal background information will only be used to
			 determine operator qualifications and may be used as evidence in any contested
			 case hearing or appeal as described in section (6) of this rule. Such
			 information will otherwise be kept confidential and not released to any person
			 unless DMV determines a record, or any portion thereof, must be released
			 pursuant to the Oregon Public Records Law, ORS
			 192.410 to
			 192.505, or the Attorney General
			 or a court orders disclosure in accordance with the Oregon Public Records
			 Law.
(d) Submit a surety bond
			 issued to the commercial driver training school that permits any person to have
			 a right of action against the school and against the surety on the bond in the
			 person's own name if the person suffers any loss or damage by reason of the
			 school's fraudulent representations or violation of rules adopted by the
			 department under ORS 822.515 and complies with the
			 following requirements;
(A) The bond shall
			 have a corporate surety licensed to do business within this state.
(B) The bond shall be executed to the State
			 of Oregon.
(C) The bond shall be in
			 the sum of $2,500.
(D) The bond
			 shall be approved as to form by the Attorney General.
(E) The bond must be conditioned that the
			 person issued the certificate shall conduct business as a commercial driver
			 training school without fraudulent representation and without violation of any
			 rules adopted by the Department of Transportation under ORS
			 822.515.
(e) If the school intends to administer
			 behind-the-wheel instruction, submit proof of insurance that complies with all
			 of the following:
(A) The insurance must be
			 issued to the school.
(B) The
			 insurance must be issued by an insurance company authorized to do business in
			 this state.
(C) The insurance must
			 show coverage in the amount of $100,000 of bodily injury to or death of one
			 person in any one accident, $300,000 because of bodily injury to or death of
			 two or more persons in any one accident, and $50,000 because of injury to or
			 destruction of the property of others in any one accident.
(D) The policy shall designate by explicit
			 description or by appropriate reference all motor vehicles with respect to
			 which coverage is granted.
(E) The
			 policy shall insure any and all persons against loss from the liabilities
			 imposed by law for damages arising out of the operation, use or maintenance of
			 the motor vehicle when using any motor vehicle owned or operated by the school
			 with the consent of the school.
(f) Submit the fee required under ORS
			 822.700.
(g) Register the business name with the
			 Secretary of State, Corporation Division and provide the registry
			 number.
(h) Submit a schedule of
			 all fees and charges for training services, as well as any cancellation policy
			 maintained by the schools