OAR 735-160-0115
Commercial Driver Training School and Instructor Sanctions
(1)
DMV will impose sanctions when it determines a School or an Instructor has violated provisions of the Oregon Vehicle Code, or administrative rules promulgated by DMV relating to:(a)
Operating a Commercial Driver Training School; or(b)
Acting as a Commercial Driver Training School Instructor.(2)
DMV will impose a sanction appropriate for the particular violation. In determining an appropriate sanction, DMV may use the matrix outlined in OAR 735-160-0125 (Sanctions) as a guideline and may consider the following criteria:(a)
The severity of the violation or its impact on the safety of the public;(b)
The number of similar or related violations;(c)
Whether the violations were willful or intentional; and(d)
The history of prior sanctions imposed by DMV.(3)
DMV will impose sanctions when it determines violations have occurred or are occurring. These may include one or more of the following:(a)
A written warning, including correction notices;(b)
Suspension of the School Certificate and suspension of the right to apply for or renew a School Certificate for up to one year;(c)
Suspension of the Instructor Certificate and suspension of the right to apply for or renew an Instructor Certificate for up to one year;(d)
Revocation of the School Certificate and revocation of the right to apply for or renew a School Certificate for up to five years;(e)
Revocation of the Instructor Certificate and revocation of the right to apply for or renew an Instructor Certificate for up to five years.(4)
DMV may cancel, suspend or revoke a School Certificate or an Instructor Certificate if the School, the Operator or the Instructor fails to maintain the eligibility requirements under ORS 822.500 (Operating commercial driver training school without certificate) to 822.535 (Failure to return revoked or suspended certificate) and these OAR division 160 rules.(5)
An Operator or Instructor whose certificate has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals).(6)
When DMV takes action to suspend, revoke or cancel a School Certificate DMV will send notice to the Operator listed on the School Certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the School’s most current address on record with DMV.(7)
When DMV takes action to suspend, revoke or cancel an Instructor Certificate DMV will send notice to the Instructor listed on the Instructor Certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (for an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the School listed as the Instructor’s current employer. DMV will use the School’s most current address on record with DMV.(8)
Except as provided for in section (9) of this rule, a request for a hearing must be submitted in writing to, and received by, DMV within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation will not go into effect pending the outcome of the hearing, unless the School Certificate is immediately suspended or cancelled.(9)
If the School Certificate is immediately suspended or cancelled as set forth in OAR 735-160-0125 (Sanctions), the request for hearing must be submitted in writing to, and received by, DMV within 90 days of the date of the notice of suspension. The suspension or cancellation will remain in effect pending the outcome of the hearing.(10)
Except as provided in OAR 137-003-0528 (Late Hearing Requests), when no request for a hearing is received by the deadline, the Operator or Instructor has waived the right to a hearing, DMV’s file constitutes the record of the case, and a default order will be issued by DMV.(11)
If a School Certificate or Instructor Certificate is revoked, the Operator or Instructor may reapply for an original certificate after a period of revocation of five years and must meet all the qualifications and requirements for the certificate.(12)
If the School Certificate or Instructor Certificate is cancelled, the Operator or Instructor may reapply for an original certificate when they have met all of the requirements for a certificate and fees are paid in accordance with ORS 822.700 (Certification fees).(13)
At the end of a suspension period, DMV will reinstate the School Certificate or Instructor Certificate unless the certificate has expired, or the Operator or Instructor does not comply with the reinstatement requirements or meet the qualification requirements for the certificate. If the certificate is suspended and has been expired for more than one year, the Operator or Instructor must reapply for an original certificate, comply with the reinstatement requirements, meet all the qualifications and requirements for a new School Certificate or Instructor Certificate, and pay fees in accordance with ORS 822.700 (Certification fees).
Source:
Rule 735-160-0115 — Commercial Driver Training School and Instructor Sanctions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-160-0115.