Current through Vol. 42, No. 1, September 16, 2024
(a)
Requirements and application for
certification. To be certified as a parent-taught driver education
provider, an individual, organization, company, or other entity must meet the
following requirements:
(1) Have offered
parent-taught driver education, for the previous two years, or have been a
licensed driver education instructor or commercial driving school instructor
for five years immediately preceding the application date.
(2) Submit an application to Service Oklahoma
on a form prescribed by Service Oklahoma [See OAC 670:15-197 regarding the
application form].
(3) Must furnish
Service Oklahoma with curriculum which should meet or exceed the course of
study prescribed in OAC 670:15-19-6. If the applicant is approved and certified
by Service Oklahoma as a parent-taught driver education provider, the
curriculum may not be changed in any manner without prior inspection and
approval from Service Oklahoma.
(4)
Must furnish Service Oklahoma with the complete costs to be charged to a
customer for the course, along with a blank copy of the contract or application
intended for use with the course. If the applicant is approved and certified by
Service Oklahoma as a parent-taught driver education provider, no changes in
costs or to the contract shall be made without prior notification to and
approval and certification by Service Oklahoma.
(5) Must have a built-in comprehensive
monitoring system to assure quality control of the instruction of course
materials, both classroom and behind the wheel instruction. The term
"comprehensive monitoring program" means a system of monitoring the progress of
the instruction by the parent instructor so that the provider can certify the
validity of the training.
(6) Agree
to meet all requirements in subsection (b).
(b)
Certification and requirements of
parent-taught driver education providers. All Parent-taught driver
education providers approved and certified by Service Oklahoma shall, upon
certification and during the period of certification:
(1) Include with the course, at no additional
cost to the customer, a minimum of a Two Million Dollar ($2,000,000.00)
(aggregate amount) liability insurance policy, and a One Million Dollar
($1,000,000.00) professional liability insurance policy. The provider shall
agree to hold harmless and free from any liability Service Oklahoma, any of
Service Oklahoma's employees, and the State of Oklahoma. The policy shall be
unexpired, and a renewal or replacement policy shall be in place before the
current policy expires.
(2)
Maintain a surety bond, specifically and individually in the name of the State
of Oklahoma, in the amount of $10,000. In the event the provider is unable to
meet its contractual obligations with Oklahoma parents who have purchased a
parent-taught driver education course from the provider, the bond will be
forfeited for the purpose of disbursing reimbursements for all outstanding
contracts of the provider which were entered into in Oklahoma as a result of
this Subchapter. The bond shall be unexpired, and a renewal or replacement bond
shall be in place before the current bond expires.
(3) Furnish Service Oklahoma, at times and in
a manner agreed to by Service Oklahoma and the provider with a listing of all
approved applications, whether the course is completed or not.
(4) Provide the student with a receipt of
purchase to be included with the packet sent to the student, and a completion
certificate, bearing the seal of the provider, upon successful completion of
the course by the student.
(5)
Maintain all records received from students and parents pertaining to this
Subchapter, including, but not limited to, correspondence, applications,
contracts, and test answer sheets. All records shall be segregated by
individual student, and all records for each student shall be maintained by the
provider for at least one (1) year.
(6) Agree to:
(A) Allow access by Service Oklahoma to all
records maintained by the provider for each student, for purposes of monitoring
and auditing.
(B) Ensure that no
behind-the-wheel instruction is recognized if the student fails to first obtain
an instruction permit from Service Oklahoma.
(C) Provide immediate written notification to
Service Oklahoma of any impropriety or misconduct of any parent teaching a
parent-taught driver education course.
(D) Acknowledge that Service Oklahoma
reserves the right to take prompt and appropriate remedial action against any
parent instructor or parent-taught driver education provider who fails to
comply with any state law or rule regarding a parent-taught driver education
course.
(E) Maintain curriculum
meeting the standards established by Service Oklahoma [see OAC 670:15-196
regarding curriculum].
(F) Allow a
Service Oklahoma representative to conduct on-site compliance inspections, as
necessary, to review records and to observe procedures. All records must be
accessible during normal business hours of the parent-taught driver education
provider for inspection upon request by a Service Oklahoma
representative.
(G) Ensure that the
affidavit required by OAC 670:15-19-5 has been approved prior to
instruction.
(c)
No renewal of certification is
required. Certification by Service Oklahoma is issued to a provider with
the understanding that no renewal of the certification is required. However,
Service Oklahoma may cancel the certification as provided in OAC
670:15-19-8.
(d)
Changes to
certified information. The provider shall notify Service Oklahoma
immediately, in writing, of any changes to the information on the original
application for certification. The provider shall temporarily suspend the sale
of courses to any new applicants until Service Oklahoma has approved the
changes. If a change of ownership occurs, Service Oklahoma reserves the right
to request the provider to halt all future business in Oklahoma as a
parent-taught driver education provider and to reapply for
certification.
(e)
Solicitation and advertising. Any provider approved and certified
by Service Oklahoma may advertise and solicit business for its course in
Oklahoma. The phrase "Certified by Service Oklahoma, State of Oklahoma" must be
included in any printed matter. However, at no time shall the provider state or
imply that the course offered by the provider is recommended by the Division,
Service Oklahoma, any employee of Service Oklahoma, or the State of
Oklahoma.