Current through all regulations passed and filed through December 16, 2024
[Comment: For dates and availability of material incorporated
by reference in this rule, see paragraph (A) in rule
4501-8-21
of the Administrative Code.]
(A) No
person shall establish a driver training enterprise or allow such an enterprise
to continue unless the authorizing official first applies for and obtains from
the director a license for a driver training school. The authorizing official
shall ensure the driver training school, its business enterprise, and its
instructors, online instructors and adult training coordinators operate in
compliance with Chapter 4508. of the Revised Code and Chapter 4501-8 of the
Administrative Code, as well as all other applicable local, state, and federal
laws.
(B) No driver training
enterprise may share the same name as any other driver training enterprise
unless the same person owns both.
(C) The director issues driver training
school licenses. An authorizing official may apply for one or both of the
following types of driver training school licenses:
(1) Abbreviated adult school, which offers
traditional classroom and/or virtual classroom
instruction and behind-the-wheel training that complies with requirements of
division (F) of section
4508.02
of the Revised Code;
(2) Online
abbreviated adult school license, which offers a course of study via the
internet, that is the content equivalent of the classroom instruction offered
by an
abbreviated adult driver training school.
(D)
Each original
"Driver Training Enterprise Application", submitted by the authorizing
official,
includes:
(1)
An
application fee of two hundred fifty dollars for each
school location;
(2)
Criminal background checks regarding the authorizing
official and owner, dated no more than ninety days
prior to the date the "Driver Training Enterprise Application" is received by
the director. The criminal background checks shall include:
(a) A state level check, which includes
information maintained by the bureau of criminal identification and
investigation, or a similar government agency from the resident state of the
authorizing official and/or owner; and
(b) A federal level check, provided by a
government agency, which includes information from Ohio and all other
states.
(3)
Proof of legal occupancy for each driver training
school that includes the parties with whom the
agreement is made, address of the property for which the agreement is made,
monetary consideration, even if none, term of the agreement, and signatures and
dates of both parties. For an enterprise offering virtual classroom, this
includes proof of legal occupancy for the office where the virtual classroom is
hosted. For an online school, this includes proof of legal occupancy for the
enterprise office.
(4)
Proof of a fire inspection,
dated no more than one year prior to the date of application, for each
school or office location, whichever is applicable, that is compliant with all
applicable local, state and federal laws.
(5)
A
copy of the adult training coordinator's certificate of training showing
completion of an adult coordinator's course approved by the
department.
(6)
Proof of completion of a department provided new school
orientation for all owners and authorizing officials and dated no more than one
year prior to the date of application.
(E) Each original
"Driver Training Enterprise Application" for an
online abbreviated adult school license includes:
(1)
A fee of eight hundred fifty dollars,
which includes;
(a) Two hundred fifty dollar
application fee; and
(b) Six
hundred dollars for review of the assessment and online driver education
program;
(2)
Criminal background checks regarding the authorizing
official and owner dated no more than ninety days prior to the date the "Driver
Training Enterprise Application" is received by the director. The criminal
background checks include:
(a) A state level
check, which includes information maintained by the bureau of criminal
identification and investigation, or a similar government agency from the
resident state of the authorizing official and/or owner; and
(b) A federal level check, provided by a
government agency, which includes information from Ohio and all other
states.
(3)
Proof of legal occupancy for the enterprise office
that includes the parties with whom the agreement is
made, address of the property for which the agreement is made, monetary
consideration, even if none, term of the agreement, and signatures and dates of
both parties. For an enterprise offering virtual classroom, this includes proof
of legal occupancy for the office where the virtual classroom is hosted. For an
online school, this includes proof of legal occupancy for the enterprise
office.
(4)
Proof of a fire inspection,
dated no more than one year prior to the date of application, for the
office that is compliant with all applicable local, state and federal laws.
(5)
Evidence of expertise in providing driver education
and/or driver training which includes, but is not limited to,
proof of prior or current driver's education and/or training certification or
licensure issued in Ohio or another state. The director may consider all
evidence provided;
(6)
The
complete proposed online driver education program in written format and
full access to the proposed
internet based website or portal for review;
(7)
A completed, signed, and notarized "Online Driver
Education Security Assessment."
(8)
Proof of
completion of a department provided new school orientation for all owners and
authorizing officials and dated no more than one year prior to the date of
application.
(F) An
original online school license may be issued to the applicant based on all
licensing requirements and the online program has
met an "Acceptable" rating for all requirements as prescribed by the director
and set forth in the "Minimum Standards for an Online Abbreviated Adult
Course":
(G) The authorizing official for an online
school shall provide the director with an "Online Driver Education Security
Assessment" describing any significant system changes for approval within
thirty days of enabling the specific changes.
(H) Each original school and online license
expires on December thirty-first of the year it is issued and may be
renewed.
(I) Each
renewal
of an abbreviated adult driver training course includes:
(1)
An application fee of fifty dollars;
and
(2)
The "renewal
requirements."
(J) Each
renewal
online school license includes:
(1)
An application fee of fifty dollars;
and
(2)
The "renewal
requirements."
(K) Each
authorizing official for a school, as specified in paragraph (C) of this rule,
shall ensure the department receives the "renewal requirements" by or that it
is postmarked no later than November thirtieth of the year the license
expires.
(L) If the "renewal
requirements" are not postmarked or received by the director by November
thirtieth of year of expiration, the authorizing official shall submit a new
"Driver Training Enterprise Application" for an original school license in
accordance with paragraph (D) or (E) of this rule, whichever is
applicable.
(M) No authorizing
official shall change the school's name, ownership, authorizing official, or
school location without prior notification to the director.
(1) Any person to whom the ownership is
conveyed of a driver training enterprise shall submit a new "Driver Training
Enterprise Application" in accordance with paragraph (D) or (E) of this rule,
whichever is applicable. The original application shall be submitted to and
approved by the director prior to conveyance of ownership.
(2) Any person to whom an interest in
ownership is conveyed that does not constitute a change of ownership as defined
in rule
4501-8-01 of the
Administrative Code shall submit a new "Driver Training Enterprise Application"
for the conveyance of interest to the director along with the documents
required in paragraphs (D)(2) and (D)(6), or (E)(2) and (E)(8) of this
rule, whichever is applicable. The application shall be approved by the
director.
(3) No fees will be
assessed for changing the location of a school or the name of a driver training
enterprise.
(4) Any person applying
to be an authorizing official of an enterprise shall complete and submit a new
"Driver Training Enterprise Application" along with the documents required in
paragraph (D)(2) and (D)(6) or (E)(2)
and (E)(8) of this rule, whichever is applicable.
The application shall be approved by the director.
(N) All license fees
are paid
electronically in the form of a check or money order made payable to the
treasurer of the state of Ohio.
(O)
No person shall submit the "Driver Training Enterprise Application" or "renewal
requirements" that are incomplete or incorrect or which contain false or
misleading information. An incomplete, incorrect, false or misleading "Driver
Training Enterprise Application" or "renewal requirements" may be rejected,
returned to the applicant, or denied.
(P) If a driver training enterprise or school
closes or discontinues business for any reason, the authorizing official shall
return the school license to the director immediately.
(Q)
All prospective
new enterprise owners and authorizing officials shall attend a new school
orientation provided by the department no more than one year prior to the date
the department receives the "Driver Training Enterprise
Application."
