Okla. Admin. Code § 260:135-5-176

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-176 - Requirements for certification as a certified school; display of certificate; certification renewal

(a)Requirements and application for certification. A school district, technology center school, or a commercial truck driving school may apply for certification as a certified school. The applying school shall meet the following requirements:

(1) Be actively enrolling students and teaching a formal course of instruction for school bus drivers training as approved by the State Board of Education, or truck driver training as approved by the Oklahoma Board of Career and Technology Education, or a commercial truck driving school.

(2) Obtain and possess written approval to make application for and be, if approved, a certified school from:

(A) the State Board of Education, if the school is a school district, or

(B) the Oklahoma Board of Career and Technology Education, if the school is a technology center.

(C) Service Oklahoma, if the school is a commercial truck driving school that has been in operation for at least two (2) years.

(3) Submit an application to Service Oklahoma on a form prescribed by Service Oklahoma [OAC 260:135-5-185] .

(4) Have its on-site examination route or routes examined and approved by the Service Oklahoma CDL Coordinator or his or her designee. A route:

(A) shall start and end on the premises or property of the certified school, unless otherwise approved by Service Oklahoma,

(B) shall meet all state and federal requirements,

(C) shall not be altered or changed in any manner without first being examined and approved by Service Oklahoma,

(D) shall not be replaced by an alternate route unless the alternate route is first examined and approved by Service Oklahoma. If, during the course of the examination, it is determined that any of the approved routes could not be followed, the third-party examiner shall notify Service Oklahoma in writing immediately after completing the test as to the reason for the change in route,

(E) shall not be used to conduct training or practicing for the examination, and

(F) shall be configured to be at least seventy-five percent (75%) different from any route used for training or practicing.

(5) Agree to:

(A) meet minimum examination standards required by Service Oklahoma and by the Federal Motor Carrier Safety Regulations [ 49 C.F.R. Part 383 ];

(B) allow access to school facilities by Service Oklahoma and by the Federal Motor Carrier Safety Administration for the purpose of monitoring examinations and examining records;

(C) comply with the Oklahoma Open Records Act [51 O.S., § 24a.1, et seq.] with regard to records kept pursuant to this Subchapter;

(D) maintain security of examination documents and related material as deemed necessary by Service Oklahoma;

(E) ensure all examinations are administered by a third-party examiner;

(F) ensure third-party examiners administer the examination only to driver license applicants who:

(i) have successfully completed a formal course of instruction at the institution where the third-party examiner is employed and certified, or

(ii) successfully completed a course of instruction at a school district or technology center school in the surrounding counties of the certified school, and

(iii) have a commercial learner permit and driver license issued by Oklahoma. The commercial learner permit must be issued at least fourteen (14) days prior to testing and the date of issuance shall not be included;

(G) ensure no person acts as a third-party examiner without current certification from Service Oklahoma;

(H) provide immediate written notification to Service Oklahoma of any impropriety or misconduct of any third-party examiner employed by the school;

(I) acknowledge that Service Oklahoma reserves the right to take prompt and appropriate remedial action against the certification of any school or of any third-party examiner in the event that the school or the third-party examiner fails to comply with:

(i) any state law, Service Oklahoma rule, or federal regulation regarding the examination of an applicant for a commercial driver license, or

(ii) any terms of the appropriate memorandum of understanding or of a subsequent contract or agreement entered into pursuant to the memorandum of understanding, any terms of the contract or agreement entered into with Service Oklahoma;

(J) maintain records of all third-party examiners employed by the school and copies of all documents relating to examinations administered for a period of not less than three (3) years; provided, if a school discontinues doing business, the school shall send to Service Oklahoma a roster of all students who were administered examinations by the school during the immediately preceding three (3) years;

(K) immediately notify Service Oklahoma by telephone, followed by written notification within five (5) days, of the termination of employment of any third-party examiner. The official seal of Service Oklahoma, the CDL examiner's manual, the score sheet pads and/or testing tablet, and the certificate and identification card issued by Service Oklahoma to the third-party examiner shall be returned to Service Oklahoma with the written notification;

(L) immediately notify the CDL Coordinator of Service Oklahoma, electronically, by telephone, or first-class mail of every fraudulent application made to obtain a commercial driver license; and

(M) acknowledge that Service Oklahoma reserves the right to randomly reexamine applicants tested by third-party examiners for purposes of quality assurance.

(b)Certification. Upon acceptance and approval by Service Oklahoma of the application for certification from a school district, technology center school, or any public or private commercial truck driving school, or upon acceptance and approval by Service Oklahoma of the application for renewal of certification from a certified school, and upon completion to the satisfaction of Service Oklahoma by the school of all other requirements for certification, Service Oklahoma shall provide the certified school with a certificate evidencing approval by Service Oklahoma as a certified school. The certificate shall be posted at the examination location at the certified school and in full view of the public. The certificate shall be valid for one (1) year.

(c)Renewal of certification. A certified school may apply for renewal of certification as a certified school. The school shall meet the following requirements:

(1) Have evidence on file with Service Oklahoma of a satisfactory on-site inspection conducted by an employee of Service Oklahoma prior to renewal.

(2) Employ at least one third-party examiner.

(3) Submit an application for renewal on a form prescribed by Service Oklahoma no later than December 1 of the year of expiration [OAC 260:135-5-185] .

Okla. Admin. Code § 260:135-5-176

Transferred from 595:11-5-4 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023