Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0030 - Qualifications for CDL Third Party Testers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for a CDL Third Party Tester
			 Certificate, a person must meet and continue to meet throughout the term of the
			 certificate, all of the following qualifications:
(a) Maintain a business office or facility
			 within the State of Oregon where CDL applicant records are securely kept and
			 are available for inspection or audit by DMV, the Oregon Secretary of State's
			 Office or the FMCSA. To qualify as a business office or facility, it must be
			 staffed and open during posted business hours or have a business phone with an
			 answering service, answering machine or voice mail service, with the ability to
			 return all business related messages no later than the following business
			 day.
(b) Comply with all federal,
			 state and local laws or regulations, including all business and zoning
			 requirements.
(c) Have a business
			 name that is registered and listed as active with the Corporation Division of
			 the Office of the Oregon Secretary of State, unless the person is a department,
			 agency or instrumentality of a state or local government.
(d) Have an active e-mail address and
			 Internet access.
(e) Be awarded and
			 have in place a fully-executed CDL Third Party Tester personal services
			 contract, interagency agreement, or intergovernmental agreement with DMV and
			 comply with all of its terms and conditions.
(f) Designate at least one CDL Third Party
			 Tester Representative, who may be the owner or an employee of the Tester. If
			 more than one Representative is designated, the responsibilities of each must
			 be clearly described, in writing, to the satisfaction of DMV. The
			 Representative must have basic computer skills and complete administrative
			 training as required and provided by DMV.
(g) Have an owner or a representative who is
			 certified as a CDL Third Party Examiner or is currently seeking certification
			 from DMV as a CDL Third Party Examiner, or have at least one Examiner
			 associated with it.
(h) Maintain
			 comprehensive insurance coverages as specified in the CDL Third Party Tester
			 contract or agreement. If a CDL Third Party Tester is a unit of local
			 government or Oregon State agency and is self-insured, the Tester must provide
			 DMV with verification of that self-insurance.
(i) Provide to DMV a surety bond as specified
			 in the CDL Third Party Tester contract. Units of local government and Oregon
			 state agencies are exempt from the requirement to maintain a surety
			 bond.
(j) Provide to DMV a
			 statement of consent, signed by an owner or the Representative, allowing DMV to
			 confirm the liability insurance described in subsection (1)(h) of this rule and
			 the surety bond described in subsection (1)(i) of this rule.
(k) Pass the inspection described in OAR
			 735-060-0040.
(l) Submit to DMV a schedule of all testing
			 services offered and the fee for each of those services, if the Tester charges
			 fees for testing services.
(m)
			 Administer CDL skills tests in compliance with all the requirements set forth
			 in OAR 735-060-0120 and the Third Party
			 Tester contract or agreement.