OAR 735-160-0010
Commercial Driver Training School Operator Qualifications
(1)
An Operator of the school must be at least 21 years of age and meet the qualification requirements of sections (2) through (7) of this rule.(2)
An Operator must not have a conviction for any of the following crimes:(a)
A traffic crime as defined by ORS 801.545 (“Traffic crime”) and OAR 735-160-0005 (Definitions)(20). This subsection does not apply if the conviction occurred more than five years preceding the date an application for a School Certificate or Corrected School Certificate is submitted to DMV;(b)
Kidnapping, custodial interference, subjecting another to involuntary servitude, or trafficking in persons as defined in ORS 163.225 (Kidnapping in the second degree) through 163.266 (Trafficking in persons);(c)
Any sexual offense, with or without force, any offense related to child pornography or any offense compelling or promoting prostitution;(d)
Any crime involving death, injury or threat of injury to another person;(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.(3)
An Operator who has been convicted of one of the crimes listed in section (2) of this rule may include an explanation of the crime or evidence of intervening circumstances since the conviction. DMV may issue a School Certificate if the person is otherwise qualified and DMV determines based on the explanation or evidence DMV determines that the conviction does not affect the person’s fitness to be an Operator.(4)
An Operator must not engage in conduct that is substantially related to the person’s fitness to be an Operator or that demonstrates unfitness and inability to perform the responsibilities of an Operator. DMV will determine from the facts of the conduct, and the intervening circumstances known to DMV, if the person is fit to perform the responsibilities of an Operator or poses a risk to the safety of others while performing those responsibilities.(5)
An Operator may not be the operator of any school in Oregon if a School Certificate issued to the operator is currently revoked for an offense described in OAR 735-160-0010 (Commercial Driver Training School Operator Qualifications)(2). An Operator may not be the operator of any school in Oregon if a School Certificate issued to the Operator is currently suspended, revoked, canceled, or withdrawn unless the School Certificate is reinstated or is eligible and the Operator meets all eligibility requirements of OAR 735-160-0010 (Commercial Driver Training School Operator Qualifications).(6)
An Operator must not have been the operator of any school in another jurisdiction that has been suspended, revoked, canceled, or withdrawn for the same or a similar offense as described in OAR 735-160-0010 (Commercial Driver Training School Operator Qualifications)(2) within five years preceding the date of application for a School Certificate or Corrected School Certificate. DMV will review the results of an operator’s criminal history to determine whether the offense is applicable.(7)
The criteria described in this rule apply to a current School Certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 (Commercial Driver Training School and Instructor Sanctions) if an Operator fails to remain qualified as prescribed under this rule.
Source:
Rule 735-160-0010 — Commercial Driver Training School Operator Qualifications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-160-0010.