Okla. Admin. Code § 260:135-5-187

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

Section 260:135-5-187 - Prohibited acts; conduct

(a)Certified schools - prohibited acts. A certified school shall not:

(1) permit to be used any form of alcoholic beverage or drugs in, on or about the school premises, including the examination route, or in any commercial motor vehicle being used for the purpose of training or administering a skills examination,

(2) require or permit the administration of an examination to any commercial driver license applicant with any physical disability. The Third-Party Examiner shall direct these individuals to a Service Oklahoma Driver License Examiner.

(3) require or permit the administration of an examination to any person who has not enrolled in and successfully completed a course at the certified school employing the Third-Party Examiner, another school district that is recognized by the State Department of Education, another technology center school that is recognized by the Oklahoma Board of Career and Technology Education, or any commercial truck driving school approved by Service Oklahoma. The Third-Party Examiner shall not administer the skills test to applicants he or she has instructed in the classroom or in behind the wheel training.

(4) require or permit any person other than a Third-Party Examiner employed by the school to administer any examination,

(5) require or permit the administration of an examination in a vehicle required to be placarded for hazardous materials or any other vehicle referred to in OAC 260:135-5-168, or

(6) commit or omit any act which constitutes a violation of any of the rules of this Subchapter or the laws of this state or federal regulations governing Third-Party Examiner certification.

(7) Failure to comply with Third-Party Examiner Program requirements, the Third Party Examiner Agreement, applicable federal or state statutes and regulations may result in the suspension or revocation of the school, the designated responsible person, the Third-Party Examiner Program and/or the Third-Party Examiner's testing privileges.

(8) Penalties for non-compliance violations with this program are defined and applied as follows:

(A)Administrative Non-Compliance. Failure to meet requirements for reporting, notifications, record keeping, or similar acts that do not compromise test integrity or public safety.

(i) First violation of Administrative Non-Compliance will result in a warning letter sent to the school.

(ii) The second and subsequent violations of Administrative Non-Compliance will result in a thirty (30) day suspension of testing authority issued by Service Oklahoma.

(B)Discrepancy in Test Procedure (substandard testing). The following will result in the termination of the testing authority and permanent removal from the program:

(i) failure to properly administer a required portion of an otherwise complete test procedure, such as omission of a required maneuver, or

(ii) failure to include all required parts of a test procedure, such as omission of the vehicle inspection, or

(iii) failure to use an approved test route, or

(iv) use of an unsafe vehicle, or

(v) any other action determined to significantly compromise the integrity of the test process or public safety will result the termination of the testing authority and permanent removal from the program.

(C)Fraud. The following fraudulent activity will result in the termination of testing authority:

(i) profiting from the issuance of a license to a person that has not passed a complete skills test,

(ii) falsification of records or information,

(iii) refusal to allow access to all documents, papers, letters and material subject to the provisions of the Third-Party Tester Program, or

(iv) commits an act that, in the opinion of Service Oklahoma, compromises the integrity of the Program.

(b)Third-Party Examiner - prohibited acts. A Third-Party Examiner shall:

(1) not use or permit to be used any form of alcoholic beverage or drugs in, on or about the school premises, including the examination route, or in any commercial motor vehicle being used for purpose of training or administering a skills examination,

(2) not administer an examination to any commercial driver license applicant with any physical handicap,

(3) not administer an examination to any person who has not enrolled in and successfully completed a course at the certified school employing the Third-Party Examiner, another school district that is recognized by the State Department of Education, another technology center school that is recognized by the Oklahoma Board of Career and Technology Education, or any commercial truck driving school approved by Service Oklahoma,

(4) not administer an examination to any person who has not been issued or does not possess a commercial learner permit (issued at least fourteen (14) days, excluding the date of issuance, prior to the date of the examination) for the class of vehicle and proper endorsements and restrictions in which the examination is to be given,

(5) not administer an examination in a vehicle required to be placarded for hazardous materials or any other vehicle referred to in OAC 260:135-5-168.

(6) not administer an examination to any person related by consanguinity (by blood relation) or affinity (by marriage) within the third degree, or to any person who is not enrolled in or has enrolled in and completed a course of study, as defined in OAC 260:135-5-195.

(7) not accept any present, meals, goods or services, trades, or favor from an applicant or any other person who has or may have an interest in the outcome of an examination, or accept any employment which represents a conflict of interest to the examination process.

(8) not use the Third-Party Examiner position for any personal advantage,

(9) not commit or omit any act which constitutes a violation of any of the rules of this Subchapter or the laws of this state or federal regulations governing Third-Party Examiner certification. Service Oklahoma reserves the right to take prompt and appropriate remedial action against a Third-Party Examiner that fails to comply with State or Federal laws, rules, and or regulations for the CDL testing program, or any other terms of the Third-Party Examiner contract.

(10) not administer the skills test to applicants he or she has instructed in the classroom or in behind the wheel training.

(11) not administer an examination to any student that is not enrolled in or has completed a course of study as defined in OAC 260:135-5-195.

(12) not take part in, or conceal others taking part in, any fraudulent activity that may threaten the certification of Oklahoma's CDL Program. This shall result in a revocation of the Third-Party Examiner certification and may result in criminal charges.

(13) not falsify any required records, applications, or forms. This shall result in a revocation of the Third-Party Examiner certification. Such falsification may also result in criminal prosecution.

(14) not allow anyone in or around the vehicle other than students being tested, the Third-Party Examiner, Federal and /or Service Oklahoma auditors or inspectors while the skills test is being conducted.

(15) not assist a student in a manner that provides an unfair advantage in passing the skills test such as giving hints or stopping the vehicle before it hits a boundary during the basic control skills.

(16) not permit a translator or other intermediary to interpret any portion of the CDL Skills Test. Additionally, federal regulations prohibit any Third-Party Examiner from conversing with a student in any language other than English.

(17) start the CDL test on time, in accordance with the Notification of Scheduled Test. Service Oklahoma must be notified via email immediately if a test is canceled.

(18) complete all three segments of the CDL Skills Test in the following order: vehicle inspection, basic control skills test, and road test.

(c)Third-Party Examiner - conduct. A Third-Party Examiner shall:

(1) Recognize that his or her position is of the highest public trust and that, on the wisdom of his or her decision, the lives of many people depend,

(2) Impartially administer all official duties without regard to race, gender, creed, position, or influence, affording no applicant more favorable treatment than any other,

(3) Conduct each examination in a manner which reflects:

(A) its importance to society,

(B) its seriousness to the individual, and

(C) the unquestioned competence of the examiner,

(4) Exercise only the legal authority as has been duly vested in the position of a Third-Party Examiner, and

(5) Fully appreciate and fulfill the responsibilities of his or her certification in order to strengthen public confidence in the training and examination of commercial driver license applicants.

(6) Know that taking part in, or concealing others taking part in, any fraudulent activity that may threaten the certification of Oklahoma's CDL Program shall constitute immediate release and automatic ban from the Third-Party Examiner Program and may result in criminal charges.

(d)Administrative Hearings. Any licensee that has his or her certification revoked, denied, suspended, or cancelled under this section may request an administrative hearing pursuant to OAC 260:135-1-9et seq.

Okla. Admin. Code § 260:135-5-187

Transferred from 595:11-5-15 by HB 3419 (2022), eff. 5/19/2022

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