Oklahoma Administrative Code
Title 260 - Office of Management and Enterprise Services
Chapter 135 - Service Oklahoma
Subchapter 5 - Driver Licenses and Identification Cards
Part 31 - COMMERCIAL DRIVER LICENSE THIRD-Y EXAMINERS
Section 260:135-5-177 - Requirements for certification as a third-party examiner, display of certificate, certification renewal
Universal Citation: OK Admin Code 260:135-5-177
Current through Vol. 42, No. 1, September 16, 2024
(a) Requirements and application for certification. A driver training instructor [see OAC 260:135-5-197 for instructor qualifications] may apply for certification as a third-party examiner by completing an application provided by Service Oklahoma [see OAC 260:135-5-185] . The applicant shall meet the following requirements:
(1)
Meet all the requirements for a Driver License Examiner of Service Oklahoma [47
O.S.§ 2-106(c) and (d)].
(2)
Upon initial review of a completed application, Service Oklahoma will provide
the applicant with instructions to obtain a current electronic national
criminal history record check in accordance with the Oklahoma
Statutes
(3) A current electronic
national criminal history record check, for a third-party examiner license, is
required when an applicant has any break in licensing and the result of the
previous electronic national criminal history record check on file with Service
Oklahoma for the certified school employee is more than one (1) year
old.
(4) Be employed by a certified
school.
(5) Have and maintain
throughout the time period to be covered by the certification:
(A) a valid Oklahoma commercial driver
license for the class or classes of vehicle, including any endorsement or
endorsements, for which the instructor desires to administer examinations;
provided, the applicant shall not be required to have a hazardous materials
endorsement (endorsement H),
(B) in
order to administer school bus examinations, a valid School Bus Workshop
Instructor Certificate issued by the State Board of Education with three (3)
years of instructor experience, and
(C) in order to administer truck
examinations, a valid certificate issued by the Oklahoma Board of Career and
Technology Education or Service Oklahoma showing the applicant has met the
current requirements with three (3) years of instructor
experience.
(6)
Successfully complete a course of instruction prescribed by Service Oklahoma
[see OAC 260:135-5-178] .
(7) Have full use of both upper and lower
extremities.
(8) Agree to submit
examination reports to Service Oklahoma by electronic means immediately upon
completion of each examination.
(9)
Be required to meet at Service Oklahoma with the CDL Coordinator or designee to
discuss the program requirements and expectations.
(10) Submit required initial fee of One
Thousand Dollars ($1000.00). If an applicant for the Third-Party Examiner
program is employed by a public school, technology center or state entity, the
fee may be waived by Service Oklahoma.
(b) Ineligibility based upon driving record or criminal record. A driver training instructor shall be deemed to be ineligible for certification as a third-party examiner upon evidence of a record of any of the following convictions:
(1) Two (2) or more convictions for a moving
traffic offense within the twelve (12) months immediately preceding the
application, or
(2) Any alcohol- or
drug-related conviction requiring Service Oklahoma to revoke, suspend, or
disqualify the instructor's driving privilege within the five (5) years
immediately preceding the application.
(3) Any conviction for any offense which
required or will require Service Oklahoma to take any type of action against
the instructor within the three (3) years immediately preceding the
application, including, but not limited to:
(A) a warning letter, or
(B) a revocation, suspension, cancellation,
denial or disqualification of the instructor's driving
privileges.
(4) Any
misdemeanor conviction, except for a misdemeanor conviction for a traffic
offense, within the five (5) years immediately preceding the
application.
(5) Any felony
conviction within the last ten (10) years in this state or any state or other
state or country or any conviction involving fraudulent activities in this
state or any other state or country.
(c) Certification. Upon acceptance and approval by Service Oklahoma of the application for certification from a driver training instructor, or upon acceptance and approval by Service Oklahoma of the application for renewal of certification from a third-party examiner, and upon completion to the satisfaction of Service Oklahoma by the instructor or third-party examiner of all other requirements for certification, Service Oklahoma shall provide the third-party examiner with:
(1) a certificate evidencing approval by
Service Oklahoma as a third-party examiner, which shall be posted at the
examination location at the certified school and in full view of the public.
The certification will be valid for one (1) year.
(2) an identification card to be carried by
the third-party examiner whenever the examiner is administering an
examination.
(3) an official seal
to be used by the third-party examiner to be used as provided in OAC
260:135-5-186.
(4) If the initial application for approval
is denied, a school or applicant may re-apply no more than two (2) times per
calendar year.
(5) Any applicant
denied certification under this subsection may request an administrative
hearing pursuant to OAC
260:135-1-9
et
seq.
(d) Renewal of certification.
(1) A
certified third-party examiner shall be eligible for renewal of certification
if the examiner:
(A) submits an application
for certification renewal upon a form provided by Service Oklahoma no later
than December 1 of the expiration year of the certification [see OAC
260:135-5-185],
(B) Upon initial review of a completed
application, Service Oklahoma will provide the applicant with instructions to
obtain a current electronic national criminal history record check in
accordance with the Oklahoma Statutes.
(C) A current electronic national criminal
history record check, for a third-party examiner license, is required when an
applicant has any break in licensing and the result of the previous electronic
national criminal history record check on file with Service Oklahoma for the
commercial school employee is more than one (1) year old;
(D) submits a current copy of the State
Department of Education instructor certificate, or a valid certificate issued
by the Oklahoma Board of Career and Technology Education confirming instructor
certification or a valid certificate issued by Service Oklahoma confirming
instructor certification.
(E) is
currently employed by a certified school,
(F) currently meets the requirements and
standards of Service Oklahoma as prescribed by this Subchapter,
(G) administered ten (10) or more full
examinations within the twelve (12) months immediately preceding the
application for renewal of certification, and
(H) submits required renewal fee of Five
Hundred Dollars ($500.00). If applicant for the Third-Party Examiner program is
employed by a public school, technology center or state entity, the fee may be
waived by Service Oklahoma.
(2) Any driver training instructor who was
previously certified as a third-party examiner and whose previous certification
has been expired for not more than one (1) year may make application for
renewal of certification as provided in paragraph (1) of this
section.
(3) Any Third-Party
Examiner who does not qualify for renewal of certification may apply, after a
period of at least one (1) year from the date the examiner was notified he or
she was not qualified for renewal of certification, for certification as a
third-party examiner and shall meet all requirements as for an initial
application for certification as a third- party examiner.
(4) Upon any Third-Party Examiner's second
failure to meet the requirement to conduct ten (10) or more full examinations
within the twelve (12) months immediately preceding the application for renewal
of certification, the Third-Party Examiner shall be removed from the
Third-Party Examiner Program. The Third-Party Examiner must wait a minimum of
one (1) year before reapplying to the Third-Party Examiner
Program.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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