OAR 735-160-0011
Issuance of Commercial Driver Training School Certificate
(1)
An Operator must apply for an original or renewal School Certificate pursuant to ORS 822.515 (Certificates) 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 (Commercial Driver Training School Operator Qualifications);(c)
Authorize DMV to obtain the Operator’s criminal background information. 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 Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Public Records law.(d)
Submit a School bond that complies with the requirements of ORS 822.505 (Commercial driver training school bond), on a form prescribed by DMV, and certify that a bond will remain in effect as long as the School Certificate is valid;(e)
Submit proof of insurance that complies with the requirements of ORS 822.510 (Proof of insurance), on a form prescribed by DMV. The Operator must certify that insurance will remain in effect as long as the School Certificate is valid;(f)
Submit the fee required under ORS 822.700 (Certification fees); and(g)
Register the business name with the Secretary of State, Corporation Division and provide the registry number.(2)
The business location of the School must comply with the requirements of OAR 735-160-0020 (Location and Advertising).(3)
Once issued, a School Certificate is not transferable to any other Commercial Driver Training School.(4)
An Operator must submit to DMV a renewal application, supporting documents and payment for a School Certificate no later than the last day of the calendar year. DMV will provide a grace period of 45 days for the application to be processed during which time the existing School Certificate will remain valid. A renewal application that is received after the expiration date of the existing School Certificate will be treated as an application for an original School Certificate.(5)
DMV will not issue or renew a School Certificate if:(a)
The qualifications or requirements set forth in Chapter ORS 822 and OAR chapter 735 division 160 rules are not met; or(b)
DMV determines information contained in the application is false.(6)
If DMV refuses to issue or renew a School Certificate, DMV will notify the Operator in writing. The Operator may request a contested case hearing. The hearing is conducted in accordance with the contested case provisions of the Administrative Procedures Act, ORS 183.310 (Definitions for chapter) to 183.500 (Appeals) and is subject to the following:(a)
A request for hearing must be submitted in writing to and received by DMV within 20 days of the date the refusal notification is mailed to the Operator. DMV will not issue a School Certificate pending the outcome of the contested case hearing. If DMV refuses to renew a School Certificate, the expired School Certificate remains valid pending the outcome of the contested case hearing, unless the basis for the refusal is failure to provide or maintain a School bond or provide proof of insurance, as required, or DMV determines continued operation of the School would constitute a serious danger to the public health or safety.(b)
Failure to timely request a hearing constitutes waiver of the right to a hearing and no School Certificate will be issued or renewed until the requirements of ORS 822.500 (Operating commercial driver training school without certificate) to 822.515 (Certificates) and the OAR chapter 735, division 160 rules are satisfied.(7)
Failure to maintain any of the requirements as prescribed under this rule may result in a sanction as described in OAR 735-160-0115 (Commercial Driver Training School and Instructor Sanctions) of a School Certificate issued or renewed in accordance with this rule.
Source:
Rule 735-160-0011 — Issuance of Commercial Driver Training School Certificate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-160-0011.