Section 247-8-003 - CERTIFICATION OF THIRD-PARTY TESTERS003.01Certificate. A Third-Party Tester, before administering in or attempting to administer skills testing, shall hold a certificate issued or renewed by the Department authorizing the Third-Party Tester to engage in skills testing for a CDL.
003.02Requirements for Certification. To have a certificate issued, renewed or remain in effect, the Third-Party Tester shall demonstrate it meets the following requirements:
003.02A Be a person, including, but not limited to, another State, a motor carrier, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government, authorized by the Department to employ skills test examiners to administer the CDL skills tests specified in 49 CFR Part 383 and pursuant to Neb.Rev.Stat. 60-4,158;003.02B Ensure that each Third- Party Examiner who conducts the driving skills test is certified in accordance with 009 of these rules and regulations;003.02C Third-Party Testers that are not government entities are required to initiate and maintain a $25,000 bond to pay for re-testing drivers in the event that the third party tester or one or more of its examiners is involved in fraudulent activities related to conducting skills testing for applicants for a CDL;003.02D Designate an individual authorized to act on behalf of the third party as the Third-Party Tester's contact person with the Department;003.02E Continuously maintain a place of business which includes at least one (1) permanent, regularly occupied structure within the State of Nebraska;003.02F Must only use Department certified Third-Party Examiners;003.02G Require all Third -Party Examiners to have a nationwide criminal background check prior to certification; and003.02H Must require all Third-Party Examiners to attend a DMV-approved training course at a minimum of every four (4) years.003.03Application for Certification. If a certificate or renewal of a certificate is desired, the Third-Party Tester shall:
003.03A Submit a completed application form, DMV 06-52, to the Department and include at a minimum, the following: 003.03A1 The legal name, current address and telephone number of the Third-Party Tester's principal office or headquarters in Nebraska;003.03A2 The name, title, current address, telephone number, and e-mail address of the individual who has been designated the applicant's contact person with the Department;003.03A3 The name, date of birth, driver's license number, email address, phone number and current home address of those full-time, payroll employees who are certified by the Department as Third-Party Examiners;003.03A4 The address of each Nebraska location where the applicant intends to conduct the skills test and a description of the off-road facilities as well as a map and written description of the test route (not to exceed one (1) test route per Third-Party Examiner) that will be used for the on-road portion of the skills test;003.03A5 The name, date of birth, driver's license number, e-mail address, phone number and current home address of those employees who desire certification by the Department as Third-Party Examiners; and,003.03A6 Signature of the applicant or his or her designated representative certifying that the information included in the application is true and accurate.003.03B Fee. Enclose a check or money order made out to the Department of Motor Vehicles for the $ 100.00 fee with the completed application; and,003.03C Agreement. Complete a Third-Party Tester Agreement with the Department.003.03DSurety Bond. If the Third-Party Tester is not a government entity, submit a $25,000 bond to be sufficient to pay for re-testing drivers in the event that the Third-Party Tester or one or more of its examiners is involved in fraudulent activities related to conducting skills testing for applicants for a CDL.003.04Pre-approval Inspection.Upon receipt of a completed application, the Department will conduct an on-site inspection of the location(s) where the third- party intends to conduct the skills test and the proposed test route(s).
003.05Approval.The Department has thirty (30) days after receipt of a completed application for certification to determine if the applicant will be permitted to enter into a Third -Party Tester Agreement with the Department. The Department will approve or deny the application in the form of a written notice to the applicant.
003.06Display of Certificate.Once certified, the Third -Party Tester must display the certificate prominently in the office of the Third-Party Tester.
003.07Term.The certification to conduct third-party testing shall be valid for two (2) years.
247 Neb. Admin. Code, ch. 8, § 003