Okla. Admin. Code § 260:135-5-228

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

Section 260:135-5-228 - Driver education instructor permit/license

(a)Requirement of Driver Education Instructor Permit/license. A Driver Education Instructor Permit/license is required for instructors who teach Driver Education as prescribed under 47 O.S. §6-105 (D) and 47 O.S. § 801, who offer behind the wheel instruction to students who do not possess a valid Oklahoma driver license.

(b)Application for Driver Education Instructor permit/license.

(1)Public schools. The State Department of Education, Comprehensive Health/Driver and Traffic Safety Section, shall provide an application for Driver Education instructor permits/licenses and renewal permit/licenses for public schools upon request.

(A) The instructor shall make application to the State Department of Education by mail to: State Department of Education, Comprehensive Health/Driver Education, Room 314, 2500 Lincoln Boulevard, Oklahoma City, Oklahoma 73105-4599.

(B) The State Department of Education shall review the application as to teacher qualification and prescribed course of study and forward the application to Service Oklahoma.

(C) Driving privileges of the applicant shall not be under suspension, revocation, denial, or cancellation at the time of original or renewal application.

(2)Commercial schools - original application.

(A) All applications for an original commercial school license shall be made on a form provided by Service Oklahoma. The term of each original commercial school license shall be for a period of one (1) year. Each place of business and/or location shall be considered a separate commercial school and require a separate license.

(B) Each application for an original commercial school license shall be accompanied by:

(i) a fee of Twenty-five Dollars ($25.00), which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business/personal check,

(ii) a class curriculum, and

(iii) an e-mail address.

(C) Each applicant shall maintain and have available for audit and inspection by Service Oklahoma:

(i) certificates of insurance from a company licensed to conduct business in this State certifying proper commercial insurance coverage, as required by OAC 260:135-5-236,

(ii) the make, model, vehicle identification number, and license plate number of each vehicle used for training purposes, except motorcycles used for motorcycle training, and

(iii) school brochures, contracts of all agreements, and a schedule of fees and charges.

(D) No license fee shall be refunded in the event the license is rejected, suspended, or revoked by the Director of Service Oklahoma.

(E) All applications must be approved by Service Oklahoma before a school will be permitted to open for business.

(F) Every operator of a Commercial Driver Education school shall be required to have a Commercial Driver Education Instructor License.

(G) Application for Driver Education Instructor license for non-public schools may be obtained from Service Oklahoma, Driver License Services Division, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415, or on the website of Service Oklahoma, service.ok.gov.

(H) All commercial schools shall meet the requirements of OAC 260:135-5-238.

(3)Commercial schools - renewal application.

(A) All applications for a renewal commercial driver education school license shall be made on a form provided by Service Oklahoma. The term of each renewal school driver education license shall be for a period of one (1) year. Each place of business and/or location shall be considered a separate commercial driver education school and require a separate driver education license.

(B) Each application for a renewal commercial driver education school license shall be accompanied by:

(i) a fee of Twenty-five Dollars ($25.00), which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business/personal check,

(ii) a schedule of fees and charges, if any changes have been made since the last license issuance, and

(iii) an e-mail address.

(C) Each school desiring to renew shall submit an application, approved by Service Oklahoma, to each licensee at the school and shall remit all fees and submit all applications to Service Oklahoma no later than November 15 of the year of expiration. If application for renewal is not received by the required date and Service Oklahoma is unable to process and approve the application by December 31 of the year of expiration, the commercial school shall cease operation on January 1 of the year following the year of expiration and shall not resume operation until the application for renewal is processed and approved by Service Oklahoma.

(4)Commercial instructors - original applications.

(A) All applications for an original driver education instructor license shall be made on a form provided by Service Oklahoma. The term of each original driver education instructor license shall be for a period of no more than one (1) year. A driver education instructor shall make application for each Commercial Driver Education School he or she is employed and will be instructing. A driver education instructor license is valid at all locations of the same Commercial Driver Education School. A driver education instructor license shall become invalid upon termination of employment with the school. If a driver education instructor accepts employment with another school, the driver education instructor license is not transferrable, and the driver education instructor shall apply for an original license as a new employee of the other school.

(B) Each application for an original driver education instructor license shall be accompanied by:

(i) documentation required by OAC 260:135-5-229, and

(ii) a fee of Five Dollars ($5.00) [47 O.S. § 805], which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business/personal check.

(iii) a full certified finger print based criminal history background investigation from the Oklahoma Bureau of Investigation certified within the immediately preceding thirty (30) days. The cost of the check shall be borne by the applicant.

(5)Commercial instructors - renewal applications.

(A) All applications for a renewal driver education instructor license shall be made on a form provided by Service Oklahoma. The term of each renewal driver education instructor license shall be for a period of one (1) year. A driver education instructor license shall become invalid upon termination of employment with the school or schools of a single owner. If a driver education instructor accepts employment with another school, the driver education instructor license is not transferrable, and the driver education instructor shall apply for an original license as a new employee of the other school.

(B) Each application for a renewal driver education instructor license shall be accompanied by:

(i) a full certified finger print based criminal history background investigation from the Oklahoma Bureau of Investigation certified within the immediately preceding thirty (30) days, and

(ii) a fee of Five Dollars ($5.00) [47 O.S. § 805], which shall be paid by the commercial driver education school that employs the driver education instructor and the school shall remit the Five Dollar ($5.00) fee to Service Oklahoma in the form of a money order, cashier's check, or business/personal check. If the driver education instructor is licensed at multiple commercial driver education schools, a fee of Five Dollars ($5.00) shall be paid for each school.

Okla. Admin. Code § 260:135-5-228

Transferred from 595:40-1-3 by HB 3419 (2022), eff. 5/19/2022

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