Current through Register Vol. 63, No. 9, September 1, 2024
(1) An applicant
must apply for an original or renewal instructor 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 instructor qualifications listed
in OAR 735-160-0075;
(c) Provide DMV with a copy of the
applicant's criminal background information. Criminal background information
will only be used to determine the person's qualifications to be an instructor
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 the fee required
under ORS 822.700; and
(e) Possess and maintain a current and valid
driver license from Oregon or another jurisdiction within the United
States.
(2) An instructor
must submit to DMV a completed renewal application, supporting documents and
payment for an instructor certificate prior to expiration of their existing
instructor certificate. A renewal application that is received after the last
day of the calendar year will be treated as an application for an original
instructor certificate.
(3) DMV
will not issue or renew an instructor certificate if:
(a) Any of the qualifications or requirements
set forth in ORS Chapter 822 and OAR chapter 735, division 160 rules are not
met; or
(b) DMV determines
information contained in the application is incomplete or
false.
(4) If DMV refuses
to issue or renew an instructor certificate, DMV will notify the person in
writing. The person may request a contested case hearing. The hearing is
conducted in accordance with the applicable 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 and received by DMV within 20 days of the date the refusal
notification is mailed to the person. DMV will not issue an instructor
certificate pending the outcome of the contested case hearing. If DMV refuses
to renew an instructor certificate, the expired instructor certificate remains
valid pending the outcome of the contested case hearing; and
(b) Failure to timely request a hearing
constitutes waiver of the right to a hearing and no instructor certificate will
be issued or renewed until the requirements of ORS
822.500 to
822.515 and OAR chapter 735,
division 160 rules are satisfied.
(5) 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 an instructor
certificate issued or renewed in accordance with this rule.
Statutory/Other Authority: ORS
184.619,
802.010 &
822.515
Statutes/Other Implemented: ORS
822.515
