Okla. Admin. Code § 260:135-5-206

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

Section 260:135-5-206 - Requirements for schools and classrooms

(a)Location and classroom facility of schools. The school shall:

(1) have at least one (1) permanent classroom. Each classroom shall be used exclusively for classroom instruction during the time of instruction. A classroom shall not be located in:

(A) a residence or residential facility or complex,

(B) a motor vehicle, or converted motor vehicle,

(C) a hotel or motel, or

(D) any other facility which has a bar, lounge, or other business which sells alcohol for public consumption on the premises;

(2) display its current and valid school license in the licensee's principal place of business at all times when classes are in session. The license or a copy of the license shall also be made available for inspection to students or prospective students;

(3) comply with local municipal ordinances regarding lighting, heating, ventilation, and restroom facilities; and

(4) have adequate room for equipment including but not limited to: chalkboard, dry-erase board or SMART board, projector, television, tables and chairs for the number of students enrolled in the class being taught,

(5) an on location basic control skills pad that is adequate in size to allow for proper training.

(b)Advertising.

(1) No school shall use or conduct any business under any name other than its fully licensed name.

(2) A sign reading "This school is licensed by Service Oklahoma, State of Oklahoma" or similar language may be displayed on the school premises.

(3) The school may place language such as "This school is licensed by Service Oklahoma, State of Oklahoma" in any advertisements and publications of the school. However, a school may not use advertisement or publicity that states or implies that the school is specifically or uniquely recognized, recommended, or endorsed, or directly supervised by Service Oklahoma.

(4) No fraudulent or deceptive statements, promotions, or fee incentives shall be used on any sign or in advertisement, whether written or oral.

(5) No school shall advertise, by any means, or otherwise state or imply that a commercial driver license or permit is guaranteed or assured to any student or individual who will take or complete any instruction offered by the school.

(c)Agreements and schedule of fees.

(1) A sample copy of each type of contract or agreement which the school may enter into with students shall be submitted to Service Oklahoma with the application for an original or renewal license.

(2) Prior to enrollment or payment of fees, each prospective student shall be provided the following information, in writing:

(A) the type of instruction offered, whether classroom or behind-the-wheel, or both;

(B) the length of the course of study and the length of each lesson;

(C) the cost of the course of study, or the cost per lesson, as applicable to the fee structure of the school;

(D) the cost to lease a commercial motor vehicle from the school for the purpose of taking the skills examination;

(E) the terms of payment and disclosure of any interest charged;

(F) a statement indicating the specific date and time when instruction is to start.

(3) The complete schedule of fees shall be posted in easy view of students and prospective students.

(4) If any school fails to comply with the provisions of this Subchapter, the school shall refund, on a prorated basis, all monies collected from the student.

(d)Records to be maintained.

(1) Each school shall maintain a permanently bound book with pages consecutively numbered or a computer spreadsheet, setting forth the name of the school; the name of each student; the contract or agreement number for each student; the type and date of instruction given, whether classroom or behind-the-wheel, for each student. If written, all entries shall be made in ink. This record shall be on a daily time sheet form approved by Service Oklahoma and initialed by each student for verification after that day's instruction.

(2) All student instruction records for classroom and behind-the-wheel instruction and a duplicate copy of each contract or agreement entered into between the school and the student (the original shall be given to the student) shall be kept on file in the office of each school for a period of three (3) years after the student has concluded instruction at or with the school. Each school shall furnish the student, if requested, an exact copy of his or her instruction record when all of the contracted courses are completed or the student otherwise ceases taking instruction at or with the school. If a school discontinues doing business, the school shall send to Service Oklahoma a roster of all students who attended the school during the immediately preceding three (3) years, with each student identified as to whether the student successfully completed or did not successfully complete the course of study.

(3) The student instruction record shall contain a copy of a receipt for any monies paid to the school by the student. The receipt shall contain:

(A) The name of the school.

(B) The name of the student.

(C) The date of payment.

(D) The amount of payment.

(E) The signature of the person receiving the payment.

(4) The student instruction record maintained by the school shall be available at all times for inspection and/or copying by an authorized representative of Service Oklahoma.

(5) A copy of the student's completion certificate, in a preprinted format prescribed by Service Oklahoma, shall be provided and issued by the school to each student upon the successful completion of course work (both classroom and behind-the-wheel). The certificate shall contain, at a minimum, the following:

(A) Name of the school;

(B) Full legal name of student;

(C) Number of total hours of instruction (optional);

(D) Date of completion;

(E) Signature of administrator (a stamped signature is acceptable).

(6) Medical examiner's certificate.

(7) Copy of the student's valid driver license and commercial learner permit.

(8) Copy of proof of Oklahoma residency: utility bill or Government form bearing the legal name and physical address of the student.

(9) All lease agreements entered into between the school and an individual shall be kept on file in the office of each school for a period of three (3) years after the individual has completed the use of the agreement. Each school shall furnish the individual, if requested, an exact copy of his or her lease agreement. If a school discontinues doing business, the school shall send to Service Oklahoma all lease agreements with the school during the immediately preceding three (3) years.

Okla. Admin. Code § 260:135-5-206

Transferred from 595:11-7-13 by HB 3419 (2022), eff. 5/19/2022

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