Section 19-139-10 - General provisions(a) No person shall be certified as a driver education or behind-the-wheel driving instructor unless the applicant satisfies the following conditions: (1) Possesses a valid Hawaii driver's license with the classification and endorsements required for operation of the class and type of motor vehicle used in driver education;(2) Has successfully completed a training course certified, or subsequently certified, by the department in subchapter 5. Instructors who have been certified by the department of education within five years prior to 12/2/00, will be considered to have successfully completed a department certified course;(3) Subject to section 19-139-13(h), applicant has not had more than one moving traffic violation within one year prior to obtaining certification; not more than two moving traffic violations within three years prior to obtaining certification; and not more than three moving traffic violations within five years prior to obtaining certification;(4) Has no driving under the influence of alcohol or drugs conviction within five years prior to obtaining certification;(5) Has no driver's license suspension, revocation, cancellation, or disqualification within three years prior to obtaining certification;(6) Is at least twenty-one years of age and possesses the equivalent of a high school diploma;(7) Has had a valid driver's license recognized by the State of Hawaii for at least five consecutive years prior to obtaining certification;(8) Meets the requirements of subchapter 3, provided that "applicants" and "employees" and "persons who have been employed continuously by the department of education on a salary basis prior to July 1, 1990" as defined in chapter 9-7, Hawaii Administrative Rules, may meet this requirement by complying with chapter 8-7, Hawaii Administrative Rules. At the expiration of the chapter 8-7 certification, "applicants" and "employees" as defined in chapter 8-7, Hawaii Administrative Rules, must recertify according to subchapter 3; and(9) Has effective communication skills; is capable of assessing and observing appropriate student behavior; is capable of engaging students in meaningful driver education activities; and models positive driving behaviors.(b) Application for instructor certification shall be made on a form supplied by the department which shall require the following information and attachments: (1) Full name, residence and business address(es), telephone and fax number(s), and email address (if any);(2) A copy of original Social Security card;(3) A certified copy of the applicant's birth certificate;(4) A copy of the person's:(B) High school diploma or equivalent; and(C) Driver education instructor certificate;(5) An original traffic abstract;(6) Proof of insurance in the amounts described in sections 19-139-13(g) and 19-139-16;(7) A certified or sealed copy of a Hawaii criminal history record check showing convictions, and proof of application for a FBI criminal history record check as defined in subchapter 3;(8) A statement agreeing to indemnify, defend, and hold harmless the department and the county from liability resulting from the instructor's teaching of driver's education or behind-the-wheel driving courses;(9) Employment history for the ten years prior to the date of the application, with names, addresses, and telephone numbers of current and former employers that are listed;(10) State general excise tax number and tax clearance;(12) A sworn statement indicating: (A) Whether the person ever had a teaching certificate or other professional license revoked or not renewed;(B) Whether the person within the past ten years was suspended, fired, asked to resign from employment, or separated from military service under conditions other than honorable;(C) Whether the person had been convicted of a crime, other than a minor traffic offense involving a fine of $50 or less;(D) Whether the person had been diagnosed as having a mental or emotional condition which may affect the person's ability to responsibly manage, supervise, control, and interact with children;(E) A detailed explanation for each of the items in clauses (A) through (E) when applicable; and[Eff MAY 18 2006] (Auth: HRS § 286-108.4) (Imp: HRS § 286-108.4)