OAR 735-160-0080
Issuance of Commercial Driver Training School Instructor Certificate
(1)
An applicant must apply for an original or renewal Instructor Certificate pursuant to ORS 822.530 (Certificate) and must:(a)
Submit a completed application on a form or in a format provided or established by DMV;(b)
Meet the Instructor qualifications listed in OAR 735-160-0075 (Commercial Driver Training School Instructor Qualifications);(c)
Pass the knowledge and certification drive test requirement in accordance with OAR 735-160-0100 (Commercial Driver Training School Instructor Testing). The drive test is not required if:(A)
The applicant can provide proof that he or she completed the Transportation Safety Division (TSD) approved Foundations course and the TSD approved course of study for behind-the-wheel instructor preparation, including an in-car practicum with beginning drivers;(B)
The applicant is an approved ODOT-TSD Traffic Safety Education Instructor; or(C)
The applicant will only conduct classroom training.(d)
Authorize DMV to obtain the applicant’s criminal background information. Criminal background information will only be used to determine the person’s qualifications to be an Instructor 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.(e)
Submit the fee required under ORS 822.700 (Certification fees); and(f)
Possess and maintain a current and valid driver license from Oregon, or another jurisdiction within the United States.(2)
An Instructor must submit to DMV a renewal application, supporting documents and payment for an Instructor Certificate no later than the last day of the calendar year. DMV may provide a grace period of 45 days for the application to be processed during which time the existing Instructor Certificate will remain valid. A renewal application that is received after the last day of the calendar year will be treated as an application for an original Instructor Certificate.(3)
DMV will not issue or renew an Instructor Certificate if:(a)
Any of the qualifications or requirements set forth in ORS Chapter 822 (Regulation of Vehicle Related Businesses) and OAR chapter 735, division 160 rules are not met; or(b)
DMV determines information contained in the application is false.(4)
If DMV refuses to issue or renew an Instructor Certificate, DMV will notify the person in writing. The person may request a contested case hearing. The hearing is conducted in accordance with the applicable 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 and received by DMV within 20 days of the date the refusal notification is mailed to the person. DMV will not issue an Instructor Certificate pending the outcome of the contested case hearing. If DMV refuses to renew an Instructor Certificate, the expired Instructor Certificate remains valid pending the outcome of the contested case hearing; and(b)
Failure to timely request a hearing constitutes waiver of the right to a hearing and no Instructor 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 OAR chapter 735, division 160 rules are satisfied.
Source:
Rule 735-160-0080 — Issuance of Commercial Driver Training School Instructor Certificate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-160-0080.