Or. Admin. Code § 737-015-0076

Current through Register Vol. 64, No. 1, January 1, 2025

Section 737-015-0076 - Provider Responsibilities

(1) On initial application for approval, a provider must submit the following:

(a) Curriculum, including lesson plans, drive routes, and skill assessment forms;

(b) Certification numbers for all instructors who will be permitted to teach the approved program;

(c) The course's final drive route and assessment form; and

(d) Required recording and reporting forms, as provided by ODOT-TSO.

(2) A provider must complete and return, when warranted, all required recording and reporting forms supplied by the Division before or on the required dates.

(3) A provider may not begin a course until the provider has been granted approved provider status by ODOT-TSO.

(4) Any subsequent changes to the final drive route or score assessment form must be pre-approved by ODOT-TSO.

(5) Each approved provider must appoint an individual responsible for ensuring that all driver education requirements are met and to be the contact person with the Division.

(6) Each approved provider must adopt written policies that include:

(a) Enrollment criteria;

(b) Student fees and refunds;

(c) Course failures and repeats; and

(d) Minimum and maximum course duration.

(7) Each approved provider must submit in writing all reportable motor vehicle accidents that involve a driver education motor vehicle to the Division within three working days of the accident. If a police report has been prepared, it must also be provided.

(8) An approved provider must:

(a) Notify ODOT-TSO by mail or facsimile within 10 days (excluding weekends and state holidays) of any of the following:

(A) The provider no longer meets or maintains the requirements set forth in OAR 737-015-0010 to 737-015-0130.

(B) An instructor employed by the provider who no longer meets or maintains qualifications, responsibilities or requirements set forth in OAR 737-015-0070, including an explanation of why the instructor no longer meets the qualifications, responsibilities or requirements.

(b) Annually obtain a driving record from each out-of-state instructor. The certified driving record must be issued by the jurisdiction or foreign government that issued driving privileges during that period. The provider shall carefully review the record for compliance with Oregon Administrative Rule and maintain a copy with instructor records;

(c) Establish procedures that reasonably ensure no instructor or student is under the influence of any intoxicant during classroom or behind-the-wheel instruction;

(d) Comply with all statutes, administrative rules, and regulations related to an approved driver education program provider;

(e) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 737-015-0080;

(f) Authorize only an individual who has a valid approved instructor certification to provide classroom or behind-the-wheel instruction to a student;

(g) If requested, respond to ODOT-TSO by mail or facsimile within 10 calendar days (excluding weekends and state holidays) to any complaint received by ODOT-TSO;

(h) Ensure that the student is eligible to take the approved course prior to the start of the course;

(i) Ensure every student's course results and the date those course results were obtained are entered into DMV2U within five business days after the student completed and passed the course and final drive assessment;

(j) Ensure every student's course results and the date those course results were obtained are entered into DMV2U within five business days after the student failed the course; and

(k) Ensure every student's course result notation, whether the student passed or failed the course, is entered into DMV2U prior to requesting reimbursement.

(9) An approved provider may not permit any individual to do any of the following:

(a) Conduct classroom or behind-the-wheel instruction with a student not in possession of a valid driver license or instruction permit.

(b) Provide behind-the-wheel instruction to any student on a driving route specifically used by DMV to test applicants for Oregon driving privileges.

(c) Allow an instructor who does not have current, valid driving privileges to conduct classroom or behind-the-wheel instruction.

(d) Allow an instructor who does not have a valid approved instructor certification to teach an approved course.

(10) An approved provider must ensure only approved individuals have access to DMV2U.

Or. Admin. Code § 737-015-0076

TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14; TSD 12-2021, minor correction filed 07/29/2021, effective 7/29/2021; TSO 2-2024, amend filed 10/10/2024, effective 10/14/2024

Statutory/Other Authority: ORS 184.619 & 336.802

Statutes/Other Implemented: 802.010, ORS 336.800, 336.802, 336.805, 336.810, 802.110 & 807.065