S.D. Admin. R. 61:25:04:05

Current through Register Vol. 51, page 57, November 12, 2024

Section 61:25:04:05 - Requirements for third-party testers

To be licensed, a third-party tester shall meet the following requirements:

(1) Apply to the department as provided in § 61:25:04:08 and enter into an agreement with the department;

(2) Maintain a place of business with at least one permanent regularly occupied structure in this state;

(3) Direct or control at least one qualified third-party examiner approved by the department. A third-party tester may also be a third-party examiner;

(4) Allow FMCSA, its representatives, and the department to conduct random examinations, inspections, and audits without prior notice;

(5) Allow the department to conduct annual on-site inspections;

(6) Maintain for two years the completed commercial driver licensing skills test scoring sheet of each driver for whom the third-party tester conducts a skills test, whether or not the driver passes or fails the test at an approved location within the state;

(7) Maintain a record of each third-party examiner under the direction or control of the third-party tester at an approved location and retain the record for at least two years after the third-party examiner leaves the direction or control of the third-party tester;

(8) Ensure that the skill tests are conducted in accordance with the requirements of § 61:25:04:18;

(9) Enter each test score into the Commercial Skills Test Information Management System;

(10) Meet all requirements of state law, federal law, and local ordinances; and

(11) Send a copy of testing records to the department by the 15th day of each month.

S.D. Admin. R. 61:25:04:05

16 SDR 88, effective 11/16/1989; 25 SDR 34, effective 9/15/1998; 33 SDR 108, effective 12/27/2006; 40 SDR 39, effective 9/9/2013; 50 SDR 047, effective 10/16/2023

General Authority: SDCL 32-12A-48(6).

Law Implemented: SDCL 32-12A-11, 32-12A-49