Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 20 - DEPARTMENT OF MOTOR VEHICLES › Chapter 121 - VIRGINIA DRIVER TRAINING SCHOOLS REGULATIONS › Part I - General Provisions › Section 24VAC20-121-50 - Availability of records; inspections and compliance reviews

Current through Register Vol. 40, No. 24, July 15, 2024
A. All records shall be open and available
				  for inspection by any employee of the department during normal business hours
				  or at a reasonable time agreeable to the department employee. Schools shall
				  have someone, who is employed by or otherwise associated with the school and
				  who can access all records, available to assist the department employee, as
				  necessary. If copies of such records are not readily available, the department
				  employee may secure and remove these records in order to review, photocopy them
				  or use them in a hearing. The department shall return those records it removes
				  after the review or photocopying is completed, or at the conclusion of the
				  hearing process, including any related court action, when used for that
				  purpose.
B. Each applicant for
				  licensing as a driver training school shall permit the department to inspect
				  its operations, facilities and records as they relate to its driver training
				  program for the purpose of determining whether the applicant is qualified for
				  licensing.
The department shall perform its inspections during normal
					 business hours with or without prior notice to the driver training schools. The
					 department shall prepare a written report on the results of each inspection,
					 and provide a copy of the report to and review it with the applicant. At the
					 conclusion of the review of the report, the applicant shall provide signed
					 written documentation to the representative of the department conducting the
					 inspection that indicates the school has received and reviewed the
					 report.
C. Each school
				  shall permit the department, from time to time, to inspect and conduct a
				  general compliance review of its business offices, classrooms, vehicles and any
				  other records or properties associated with the operation of the school to
				  determine whether the school remains in compliance with licensing
				  requirements.
D. The department
				  shall perform its inspections and general compliance reviews during normal
				  business hours with or without prior notice to the driver training schools. The
				  department shall prepare a written report on the results of each inspection and
				  general compliance review, and provide a copy of the report to and review it
				  with the owner or business manager of the school. At the conclusion of the
				  review of the report, the owner or business manager of the school shall provide
				  signed written documentation to the representative of the department conducting
				  the inspection or general compliance review that indicates the school has
				  received and reviewed the report.
E. Any school owner, employee or instructor
				  who meets with department employees for the purposes of inspecting or otherwise
				  obtaining records is subject to the conduct requirements set forth in these
				  regulations. Any school owner, employee or instructor who violates the conduct
				  requirements set forth in these regulations during such meetings shall be
				  subject to the sanctions set forth in these regulations.
F. Each student's record shall be open and
				  available for inspection by the respective current or former student 18 years
				  of age or older and by the parents and legal guardians of current or former
				  students under 18 years of age during normal business hours or at a reasonable
				  time agreeable to both the school and the student or parents or legal guardians
				  of students under 18 years of age.
Under no circumstances shall a school owner, employee or
					 instructor meet, for the purposes of inspecting records, or for any other
					 purpose, with current or former students under 18 years of age at the time of
					 the meeting without a parent or legal guardian being present unless the student
					 is married or emancipated. Any school owner, employee or instructor who meets
					 with students, parents or legal guardians for the purposes of inspecting
					 records is subject to the conduct requirements set forth in these regulations.
					 Any school owner, employee or instructor who violates the conduct requirements
					 set forth in these regulations during such meetings with students, parents or
					 legal guardians shall be subject to the sanctions set forth in these
					 regulations.
Statutory Authority
§§ 46.2-203 and 46.2-1703 of the Code of
						Virginia.