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 260:135-5-187 - Prohibited acts; conduct
Universal Citation: OK Admin Code 260:135-5-187
Current through Vol. 42, No. 1, September 16, 2024
(a) Certified schools - prohibited acts. A certified school shall not:
(1) permit to be used any form of alcoholic
beverage or drugs in, on or about the school premises, including the
examination route, or in any commercial motor vehicle being used for the
purpose of training or administering a skills examination,
(2) require or permit the administration of
an examination to any commercial driver license applicant with any physical
disability. The Third-Party Examiner shall direct these individuals to a
Service Oklahoma Driver License Examiner.
(3) require or permit the administration of
an examination to any person who has not enrolled in and successfully completed
a course at the certified school employing the Third-Party Examiner, another
school district that is recognized by the State Department of Education,
another technology center school that is recognized by the Oklahoma Board of
Career and Technology Education, or any commercial truck driving school
approved by Service Oklahoma. The Third-Party Examiner shall not administer the
skills test to applicants he or she has instructed in the classroom or in
behind the wheel training.
(4)
require or permit any person other than a Third-Party Examiner employed by the
school to administer any examination,
(5) require or permit the administration of
an examination in a vehicle required to be placarded for hazardous materials or
any other vehicle referred to in OAC
260:135-5-168, or
(6) commit or omit any act which constitutes
a violation of any of the rules of this Subchapter or the laws of this state or
federal regulations governing Third-Party Examiner certification.
(7) Failure to comply with Third-Party
Examiner Program requirements, the Third Party Examiner Agreement, applicable
federal or state statutes and regulations may result in the suspension or
revocation of the school, the designated responsible person, the Third-Party
Examiner Program and/or the Third-Party Examiner's testing
privileges.
(8) Penalties for
non-compliance violations with this program are defined and applied as follows:
(A)
Administrative
Non-Compliance. Failure to meet requirements for reporting,
notifications, record keeping, or similar acts that do not compromise test
integrity or public safety.
(i) First
violation of Administrative Non-Compliance will result in a warning letter sent
to the school.
(ii) The second and
subsequent violations of Administrative Non-Compliance will result in a thirty
(30) day suspension of testing authority issued by Service
Oklahoma.
(B)
Discrepancy in Test Procedure (substandard testing). The following
will result in the termination of the testing authority and permanent removal
from the program:
(i) failure to properly
administer a required portion of an otherwise complete test procedure, such as
omission of a required maneuver, or
(ii) failure to include all required parts of
a test procedure, such as omission of the vehicle inspection, or
(iii) failure to use an approved test route,
or
(iv) use of an unsafe vehicle,
or
(v) any other action determined
to significantly compromise the integrity of the test process or public safety
will result the termination of the testing authority and permanent removal from
the program.
(C)
Fraud. The following fraudulent activity will result in the
termination of testing authority:
(i)
profiting from the issuance of a license to a person that has not passed a
complete skills test,
(ii)
falsification of records or information,
(iii) refusal to allow access to all
documents, papers, letters and material subject to the provisions of the
Third-Party Tester Program, or
(iv)
commits an act that, in the opinion of Service Oklahoma, compromises the
integrity of the Program.
(b) Third-Party Examiner - prohibited acts. A Third-Party Examiner shall:
(1) not use or permit to be used any form of
alcoholic beverage or drugs in, on or about the school premises, including the
examination route, or in any commercial motor vehicle being used for purpose of
training or administering a skills examination,
(2) not administer an examination to any
commercial driver license applicant with any physical handicap,
(3) not administer an examination to any
person who has not enrolled in and successfully completed a course at the
certified school employing the Third-Party Examiner, another school district
that is recognized by the State Department of Education, another technology
center school that is recognized by the Oklahoma Board of Career and Technology
Education, or any commercial truck driving school approved by Service
Oklahoma,
(4) not administer an
examination to any person who has not been issued or does not possess a
commercial learner permit (issued at least fourteen (14) days, excluding the
date of issuance, prior to the date of the examination) for the class of
vehicle and proper endorsements and restrictions in which the examination is to
be given,
(5) not administer an
examination in a vehicle required to be placarded for hazardous materials or
any other vehicle referred to in OAC
260:135-5-168.
(6) not administer an examination to any
person related by consanguinity (by blood relation) or affinity (by marriage)
within the third degree, or to any person who is not enrolled in or has
enrolled in and completed a course of study, as defined in OAC
260:135-5-195.
(7) not accept any present, meals, goods or
services, trades, or favor from an applicant or any other person who has or may
have an interest in the outcome of an examination, or accept any employment
which represents a conflict of interest to the examination process.
(8) not use the Third-Party Examiner position
for any personal advantage,
(9) not
commit or omit any act which constitutes a violation of any of the rules of
this Subchapter or the laws of this state or federal regulations governing
Third-Party Examiner certification. Service Oklahoma reserves the right to take
prompt and appropriate remedial action against a Third-Party Examiner that
fails to comply with State or Federal laws, rules, and or regulations for the
CDL testing program, or any other terms of the Third-Party Examiner
contract.
(10) not administer the
skills test to applicants he or she has instructed in the classroom or in
behind the wheel training.
(11) not
administer an examination to any student that is not enrolled in or has
completed a course of study as defined in OAC
260:135-5-195.
(12) not take part in, or conceal others
taking part in, any fraudulent activity that may threaten the certification of
Oklahoma's CDL Program. This shall result in a revocation of the Third-Party
Examiner certification and may result in criminal charges.
(13) not falsify any required records,
applications, or forms. This shall result in a revocation of the Third-Party
Examiner certification. Such falsification may also result in criminal
prosecution.
(14) not allow anyone
in or around the vehicle other than students being tested, the Third-Party
Examiner, Federal and /or Service Oklahoma auditors or inspectors while the
skills test is being conducted.
(15) not assist a student in a manner that
provides an unfair advantage in passing the skills test such as giving hints or
stopping the vehicle before it hits a boundary during the basic control
skills.
(16) not permit a
translator or other intermediary to interpret any portion of the CDL Skills
Test. Additionally, federal regulations prohibit any Third-Party Examiner from
conversing with a student in any language other than English.
(17) start the CDL test on time, in
accordance with the Notification of Scheduled Test. Service Oklahoma must be
notified via email immediately if a test is canceled.
(18) complete all three segments of the CDL
Skills Test in the following order: vehicle inspection, basic control skills
test, and road test.
(c) Third-Party Examiner - conduct. A Third-Party Examiner shall:
(1) Recognize that his or her position is of
the highest public trust and that, on the wisdom of his or her decision, the
lives of many people depend,
(2)
Impartially administer all official duties without regard to race, gender,
creed, position, or influence, affording no applicant more favorable treatment
than any other,
(3) Conduct each
examination in a manner which reflects:
(A)
its importance to society,
(B) its
seriousness to the individual, and
(C) the unquestioned competence of the
examiner,
(4) Exercise
only the legal authority as has been duly vested in the position of a
Third-Party Examiner, and
(5) Fully
appreciate and fulfill the responsibilities of his or her certification in
order to strengthen public confidence in the training and examination of
commercial driver license applicants.
(6) Know that taking part in, or concealing
others taking part in, any fraudulent activity that may threaten the
certification of Oklahoma's CDL Program shall constitute immediate release and
automatic ban from the Third-Party Examiner Program and may result in criminal
charges.
(d) Administrative Hearings. Any licensee that has his or her certification revoked, denied, suspended, or cancelled under this section may request an administrative hearing pursuant to OAC 260:135-1-9 et seq.
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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