Current through Register Vol. 63, No. 9, September 1, 2024
(1) An operator
must apply for an original or renewal school certificate pursuant to ORS
822.515 and must:
(a) Submit a completed application on a form
or in a format provided or established by DMV.
(b) Meet the qualifications listed in OAR
735-160-0010.
(c) Authorize DMV to conduct the operator's
criminal background check. Criminal background information will only be used to
determine operator qualifications and may be used as evidence in any contested
case hearing or appeal as described in section (6) of this rule. Such
information will otherwise be kept confidential and not released to any person
unless DMV determines a record, or any portion thereof, must be released
pursuant to the Oregon Public Records Law, ORS
192.410 to
192.505, or the Attorney General
or a court orders disclosure in accordance with the Oregon Public Records
Law.
(d) Submit a surety bond
issued to the commercial driver training school that permits any person to have
a right of action against the school and against the surety on the bond in the
person's own name if the person suffers any loss or damage by reason of the
school's fraudulent representations or violation of rules adopted by the
department under ORS 822.515 and complies with the
following requirements;
(A) The bond shall
have a corporate surety licensed to do business within this state.
(B) The bond shall be executed to the State
of Oregon.
(C) The bond shall be in
the sum of $2,500.
(D) The bond
shall be approved as to form by the Attorney General.
(E) The bond must be conditioned that the
person issued the certificate shall conduct business as a commercial driver
training school without fraudulent representation and without violation of any
rules adopted by the Department of Transportation under ORS
822.515.
(e) If the school intends to administer
behind-the-wheel instruction, submit proof of insurance that complies with all
of the following:
(A) The insurance must be
issued to the school.
(B) The
insurance must be issued by an insurance company authorized to do business in
this state.
(C) The insurance must
show coverage in the amount of $100,000 of bodily injury to or death of one
person in any one accident, $300,000 because of bodily injury to or death of
two or more persons in any one accident, and $50,000 because of injury to or
destruction of the property of others in any one accident.
(D) The policy shall designate by explicit
description or by appropriate reference all motor vehicles with respect to
which coverage is granted.
(E) The
policy shall insure any and all persons against loss from the liabilities
imposed by law for damages arising out of the operation, use or maintenance of
the motor vehicle when using any motor vehicle owned or operated by the school
with the consent of the school.
(f) Submit the fee required under ORS
822.700.
(g) Register the business name with the
Secretary of State, Corporation Division and provide the registry
number.
(h) Submit a schedule of
all fees and charges for training services, as well as any cancellation policy
maintained by the schools
(2) The bond described in section (1) of this
rule shall be filed and held by DMV.
(3) The business location of the school must
comply with the requirements of OAR
735-160-0020.
(4) Once issued, a school certificate is not
transferable to any other commercial driver training school.
(5) An operator must submit to DMV a renewal
application, all required supporting documents and payment for a school
certificate no later than the last day of the calendar year. If all
requirements are received prior to expiration of the existing certificate, DMV
will provide a grace period for the application to be processed by DMV during
which time the existing school certificate will remain valid. A renewal
application that is received after the expiration date of the existing school
certificate will be treated as an application for an original school
certificate.
(6) DMV will not issue
or renew a school certificate if:
(a) The
qualifications or requirements set forth in Chapter ORS 822 and OAR chapter 735
division 160 rules are not met; or
(b) DMV determines information contained in
the application is incomplete or false.
(7) If DMV refuses to issue or renew a school
certificate, DMV will notify the operator in writing. The operator may request
a contested case hearing. The hearing is conducted in accordance with the
contested case provisions of the Administrative Procedures Act, ORS chapter
183, and is subject to the following:
(a) A
request for hearing must be submitted in writing to and received by DMV within
20 days of the date the refusal notification is mailed to the operator. DMV
will not issue a school certificate pending the outcome of the contested case
hearing. If DMV refuses to renew a school certificate, the expired school
certificate remains valid pending the outcome of the contested case hearing,
unless the basis for the refusal is failure to provide or maintain a school
bond or provide proof of insurance, as required.
(b) Failure to timely request a hearing
constitutes waiver of the right to a hearing and no school certificate will be
issued or renewed until the requirements of ORS
822.500 and
822.515 and the OAR chapter 735,
division 160, rules are satisfied.
(8) Failure to maintain any of the
requirements as prescribed under this rule may result in a sanction as
described in OAR 735-160-0115 of a school
certificate issued or renewed in accordance with this rule.
Statutory/Other Authority: ORS
184.619,
802.010,
822.505 &
822.515
