Or. Admin. Code § 735-060-0115

Current through Register Vol. 63, No. 11, November 1, 2024

Section 735-060-0115 - Code of Ethics and Rules of Conduct

(1) A CDL Third Party Tester, CDL Third Party Tester Representative and CDL Third Party Examiner must adhere to the highest standards of professional conduct. The standards of professional conduct for a Tester, Representative and Examiner must be consistent with the standards of professional conduct expected of a person employed by DMV who administers CDL skills tests. Therefore, DMV requires Testers, Representatives and Examiners to be professional and respectful in all dealings with CDL applicants and others while ensuring the safety of Oregon roads.

(2) A Tester, Representative or Examiner will not engage in or allow any owner, agent, manager or employee to engage in any of the following:

(a) Assisting or allowing a CDL applicant to fraudulently:

(A) Receive a passing score for a CDL skills test when the CDL applicant failed the test, did not take the test, did not take the complete test, or took a test that was not administered as required by OAR 735-060-0120; or

(B) Obtain driving privileges for which the CDL applicant is ineligible or has not qualified.

(b) Discrimination against any CDL applicant on the basis of race, religion, national origin, disability, age, sex or sexual orientation.

(c) Accepting or requiring anything of value, other than the posted fee, from a CDL applicant.

(d) Offering a bribe to or colluding with a DMV employee when it is evident from the circumstances that the attempt is for the purpose of influencing the results of a DMV inspection or evaluation.

(e) Having sexual relations with or requesting sexual relations from a CDL applicant. For purposes of this section, "sexual relations" means:

(A) Sexual intercourse; or

(B) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party.

(f) Using physical force or a threat of physical force against a CDL applicant, unless such force or threat is necessary to avoid immediate danger to the safety of the CDL applicant, the Examiner, a DMV employee, employees of the CDL Third Party Tester or other individuals.

(g) Possessing any unlawful controlled substance, inhalant, intoxicating beverage or being visibly intoxicated while administering a CDL skills test.

(h) Falsifying any document or making a misrepresentation on a CDL Third Party Examiner or CDL Third Party Tester application or in any document that relates to any testing activity.

Or. Admin. Code § 735-060-0115

DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10; DMV 5-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019; DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080

Statutes/Other Implemented: ORS 807.080