Current through Register Vol. 47, No. 5, March 10, 2024
6.1.
CO MOST PROGRAM VENDOR APPLICATION REQUIREMENTS. Persons seeking
to participate as MOST Vendors in the CO MOST Program must obtain Vendor
Certification from the CO MOST Program prior to offering any CO MOST Program
Approved Courses in Colorado. Only active Certified MOST Vendors can represent
as a CO MOST Program Vendor and/or school and receive CO MOST Approved Course
completion cards to provide to students upon successful course completion.
6.1.1. Vendor Certification will be for a
term not exceeding one (1) year and will expire no later than June 30th of the
year following the effective date of issue.
6.1.2. Vendor will receive a written response
as to the approval of any CO MOST Program Vendor Application submitted within
one (1) calendar month of the date of application receipt by the CO MOST
Program Coordinator.
6.2.
CO MOST PROGRAM VENDOR
MAINTENANCE. To maintain as a Certified, active CO MOST Program Vendor,
a Vendor must:
6.2.1. Adhere to
8 CCR
1507-56, the CO MOST Program rules and regulations,
and operate consistent with and in compliance with the terms of agreements
between the state and Certified CO MOST Program Vendors, applicable law, the CO
MOST PnP, and applicable provisions of CO MOST Approved Program
Courses.
6.2.2. Use Certified CO
MOST Program Instructors satisfying CO MOST Instructor requirements set forth
within these rules and require CO MOST Instructors to maintain compliance with
§
43-5-503, CRS, and applicable CO
MOST Program Approved Courses. CO MOST Program Vendors must report any known
Instructor violation of the aforementioned immediately to the CO MOST Program
Office.
6.2.3. Provide and maintain
an approved CO MOST Program Training Site or Sites.
6.2.4. Complete attendance of the annual CO
MOST Program Vendor Conference consistent with the terms and conditions set
forth within the CO MOST Program Agreement.
6.2.5. Cooperate with all QARs arranged
through the CO MOST Program Office of any Training Site or Sites.
6.2.6. Comply with remediation actions and
other directives as required by the CO MOST Program.
6.2.7. Maintain all required CO MOST Program
records, including student records, for a period of at least three (3) years,
providing these records for auditing by the CSP or its agents upon request
consistent with the CO MOST Program Agreement and other applicable CO MOST
Program documents. Each student record must include:
6.2.7.1. A copy of their signed waiver,
completed prior to the student beginning the course;
6.2.7.2. The full name of the student,
exactly as it appears on the student's state driver's license, permit, or
identification, and the license, permit or state identification
number;
6.2.7.3. The student's date
of birth;
6.2.7.4. The student's
mailing address, county of residence, email address, and phone
number;
6.2.7.5. The results of the
student's classroom and Range training, complete with a determination as to
whether or not the student successfully completed training;
6.2.7.6. Course starting and ending
date(s);
6.2.7.7. Evidence of
successful Course completion (certificate, completion card, etc.), bearing the
applicable Course number and other information as may be required by these
rules;
6.2.7.8. Copies of incident
reports involving a student, if any;
6.2.7.9. A CO MOST Program Vendor's name,
email address, mailing address, phone number, and Range location; and
6.2.7.10. The name(s) and the assigned CO
MOST Program identification number(s) for any CO MOST Program Instructor(s)
responsible for a CO MOST student's Course of instruction.
6.2.8. The CSP will retain any student
records and will not release them to third-parties absent an Open Records
Request, contract, agreement, or as required by law, and will subject released
records to redaction as appropriate to protect any PII. Any student records
retained by the CSP on behalf of the CO MOST Program may be used to evaluate
and analyze the effectiveness of the CO MOST Program. Records will be
maintained consistent with applicable state data retention
guidelines.
6.3.
CO MOST PROGRAM VENDOR TRAINING AND MOTORCYCLE REQUIREMENTS. It is
the responsibility of a CO MOST Program Vendor to ensure that all Motorcycles
used for CO MOST Courses meet the requirements of these rules, applicable CO
MOST Program Approved Courses, and are inspected and approved for use by the CO
MOST Program Instructor prior to each training session.
6.3.1. Motorcycles used for instruction must
be intended for street use by the manufacturer.
6.3.2. One (1) Motorcycle must be available
per each student participating in that Range session of an CO MOST Program
Approved Course.
6.3.3. CO MOST
Vendor supplied Motorcycles must be maintained and in safe operating condition.
6.3.3.1. This includes any and all repairs
and maintenance of all CO MOST Program Vendor Motorcycles provided for use in
an CO MOST Program, including required tire replacement.
6.3.4. A CO MOST Program Instructor will
immediately notify a CO MOST Program Vendor of any Motorcycle not meeting the
requirements of these rules or that is otherwise determined unsafe for use, and
reject the Motorcycle for use in an CO MOST Program Approved Course until such
time the Motorcycle becomes compliant with the requirements of these
rules.
6.3.5. A CO MOST Program
Vendor will require a student electing to use his or her own two or
three-wheeled Motorcycle, whichever may be applicable, to:
6.3.5.1. Allow the MOST Program Instructor to
complete a safety inspection to verify that the Motorcycle provided by the
student satisfies applicable safety standards and is intended for street use by
the manufacturer;
6.3.5.2. Provide
proof of ownership or written permission of the owner of the personal
Motorcycle;
6.3.5.3. Provide proof
of adequate liability insurance;
6.3.5.4. Sign a waiver of liability for any
damage or injury arising out of, from, or caused by operation of the personal
two or three-wheeled Motorcycle; and
6.3.5.5. Confirm with the student that the
transportation of the personally provided Motorcycle by a student participating
in a CO MOST Program Approved Course to and from the Training Site should be
consistent with all applicable state laws.
6.3.6. A CO MOST Instructor may exercise
professional discretion and deny the use of a personally provided Motorcycle by
a student participating in a CO MOST Program Approved Course.
6.3.7. A CO MOST Program Instructor will
notify the CO MOST Program Vendor of any two or three-wheeled student-provided
Motorcycle that is determined to be unsafe for use by a student attending a CO
MOST Program Course.
6.4.
CO MOST PROGRAM VENDOR RANGE AND
CLASSROOM REQUIREMENTS.
Throughout the duration of a contract or an agreement between
a CO MOST Program Vendor and the CO MOST Program, A CO MOST Program Vendor
will:
6.4.1. Obtain and maintain legal
access to a Training Site classroom and Range consistent with all the
requirements of these rules.
6.4.2.
Provide a physical or virtual classroom for training purposes, having adequate
facilities for the total number of students attending a CO MOST Program
Approved Course, including reasonable and legally sufficient accommodations
necessary to instruct students having disabilities.
6.4.3. Provide a training Range to be used by
an CO MOST Program Vendor for CO MOST Program Approved Course Instruction that
meets minimum CO MOST Approved Program and Program Approved Course
requirements. A CO MOST Vendor must supply documentation evidencing
satisfaction of these requirements, including Range diagram(s), Range
photographs, proof of legal access to the Range, and Course providers approval
of the Range.
6.4.4. Agree that,
with the exception of paving or other improvements, any changes to the
dimensions or positioning of the Range or the Range layout will be diagrammed
and receive approval from the developer of the applicable Motorcycle curricula
and receive written acknowledgment from the CO MOST Program Office prior to any
use.
6.4.5. Maintain a CO MOST
Program Approved Course Range such that:
6.4.5.1. Range markings are correct and
visible during training;
6.4.5.2.
The Range is free of potholes and other hazards; and
6.4.5.3. Ensure that the Range is secured
from the unsafe conditions and intrusions of any kind that could result in the
distraction of a student, with the exceptions of authorized personnel,
including CSP personnel and law enforcement.
6.4.6. Complete inspection of the Range prior
to each training session to confirm that the Range is free from debris and
other hazards that may adversely affect student safety; and
6.4.7. Provide CO MOST Instructors with the
authority to postpone or cancel a scheduled class if an Instructor determines
that, due to inclement weather, excessive heat, humidity, or other factors,
continuing with the class as scheduled could jeopardize the health, safety, and
welfare of students.
6.5.
CO MOST VENDOR CHOICE OF
COURSE. A CO MOST Vendor may, at its discretion, opt to provide any one
or all of the CO MOST Program Approved Courses that a CO MOST Vendor has
received approval from the Course developer to use, and approval to provide
from the CO MOST Program.
6.5.1. In the event
a CO MOST Program Approved Course should no longer be approved for instruction
in Colorado, a Vendor employing Instructors Certified only in the formerly
Approved Course may request CO MOST Program support consistent with statute
supporting training of instructors from the CO MOST Program Office.
6.5.1.1. For purposes of these rules,
instructors employed by Vendors requesting program support for retraining in
another CO MOST Program Approved Course pursuant to the exigent circumstances
set forth within 6.5.1. will be treated by the CO MOST Program as if new CO
MOST Program Instructor Candidates. The CO MOST Program may waive
Instructor-specific individual Instructor training requirements on a
case-by-case basis as may be determined to be appropriate.
6.5.2. In the event a CO MOST Program
Approved Vendor elects to switch from a CO MOST Program Approved Course to
another CO MOST Program Approved Course absent approval revocation of a CO MOST
Approved Program as set forth within section 6.5.1. of these rules, the Vendor
is responsible for the transition costs associated therewith, including
retraining costs for Instructors in the employ of a Vendor. Moreover, a change
in the Approved CO MOST Program Course of instruction provided by a Vendor
arising out of the sale of the business of an existing, CO MOST Program
Certified Vendor is subject to this same exclusion.
6.5.3. In the event a CO MOST Program Vendor
is terminated as a provider of a CO MOST Program Approved Course and
subsequently receives Certification to provide another CO MOST Program Approved
Course, the CO MOST Vendor is responsible for all costs of program transition,
including the retraining of any Instructors in the employ of the
Vendor.