Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 15 - TRAFFIC SAFETY EDUCATION › Section 737-015-0070 - Qualifications of an Approved ODOT-TSO Traffic Safety Education Instructor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A valid approved instructor certification
			 card issued by ODOT-TSO is required to teach, conduct classes, give
			 demonstrations or supervise the practice of students in an approved
			 program.
(2) An instructor must
			 obtain a corrected approved instructor certification card if there is a change
			 to any of the information printed on the card.
(3) To be eligible for an approved instructor
			 certification card, or to renew a certification card, an individual must:
(a) Submit to ODOT-TSO a completed
			 application on a form provided by the Division;
(b) Be 21 years of age, or older;
(c) Have completed and passed the required
			 instructor training series;
(d)
			 Have valid Oregon driving privileges or valid driving privileges from a state
			 adjacent to Oregon, if the individual is a legal resident of that state and has
			 had valid driving privileges for at least three years preceding the date an
			 application is submitted to ODOT-TSO. To be valid, driving privileges may not
			 be suspended, revoked, canceled, or otherwise withdrawn for a traffic crime as
			 defined in 737-015-0020(30). For purposes of these OAR 737 division 15 rules, a
			 hardship or probationary permit does not constitute valid driving
			 privileges;
(e) With initial
			 application, provide a DMV five-year certified court print driving record dated
			 within the past 60 days. An instructor who has not held Oregon driving
			 privileges for the five-year period is required to submit a certified driving
			 record from a jurisdiction or foreign government that issued driving privileges
			 during that period. The record must meet the following requirements:
(A) Not more than one driver improvement
			 violation within the preceding 12 months or more than 2 driver improvement
			 violations in the preceding 24 months;
(B) No alcohol or drug related traffic
			 violation, conviction or infraction within the preceding five years;
			 and
(C) No driver's license
			 suspension, cancellation, revocation or denial within the preceding three
			 years.
(f) Have current
			 first aid and CPR Certification;
(g) Submit a release authorizing ODOT-TSO to
			 obtain the applicant's criminal history report. Criminal history records will
			 only be used to determine instructor qualification and may be used as evidence
			 in any contested case hearing or appeal, as described in section 737-015-0130  of this rule. Such records will otherwise be kept confidential and not released
			 to any individual unless ODOT-TSO determines a record, or any portion thereof,
			 must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or
			 the Attorney General or a court order disclosure in accordance with the Public
			 Records Law.
(h) Not have a
			 conviction for any of the following crimes:
(A) A traffic crime as defined by OAR
			 737-015-0020(30). This subsection does not apply if the conviction occurred
			 more than five years preceding the date an application for approved instructor
			 certification is submitted;
(B)
			 Kidnapping or custodial interference as defined in ORS 163.225 through
			 163.257;
(C) Any sexual offense,
			 with or without force, any offense related to child pornography, or compelling
			 or promoting prostitution;
(D) Any
			 crime involving injury or threat of injury to another individual;
(E) Any crime involving theft, forgery,
			 fraud, falsifying or tampering with records, or racketeering; or
(F) Any crime relating to the unlawful
			 possession, use, sale, manufacture, or distribution of controlled substances or
			 alcoholic beverages; and
(i) Not engage in conduct that is
			 substantially related to the individual's fitness to be an instructor or that
			 demonstrates unfitness or inability to perform the responsibilities of an
			 instructor. ODOT-TSO will determine from the facts of the conduct, and the
			 intervening circumstances known to ODOT-TSO, if the individual is fit to
			 perform the responsibilities of an instructor or poses a risk to the safety of
			 others while performing those responsibilities.