Current through Register Vol. 63, No. 9, September 1, 2024
(1) A CDL Third Party Tester, CDL Third Party
Tester Representative and CDL Third Party Examiner must adhere to the highest
standards of professional conduct. The standards of professional conduct for a
Tester, Representative and Examiner must be consistent with the standards of
professional conduct expected of a person employed by DMV who administers CDL
skills tests. Therefore, DMV requires Testers, Representatives and Examiners to
be professional and respectful in all dealings with CDL applicants and others
while ensuring the safety of Oregon roads.
(2) A Tester, Representative or Examiner will
not engage in or allow any owner, agent, manager or employee to engage in any
of the following:
(a) Assisting or allowing a
CDL applicant to fraudulently:
(A) Receive a
passing score for a CDL skills test when the CDL applicant failed the test, did
not take the test, did not take the complete test, or took a test that was not
administered as required by OAR
735-060-0120; or
(B) Obtain driving privileges for which the
CDL applicant is ineligible or has not qualified.
(b) Discrimination against any CDL applicant
on the basis of race, religion, national origin, disability, age, sex or sexual
orientation.
(c) Accepting or
requiring anything of value, other than the posted fee, from a CDL
applicant.
(d) Offering a bribe to
or colluding with a DMV employee when it is evident from the circumstances that
the attempt is for the purpose of influencing the results of a DMV inspection
or evaluation.
(e) Having sexual
relations with or requesting sexual relations from a CDL applicant. For
purposes of this section, "sexual relations" means:
(A) Sexual intercourse; or
(B) Any touching of the sexual or other
intimate parts of a person for the purpose of arousing or gratifying the sexual
desire of either party.
(f) Using physical force or a threat of
physical force against a CDL applicant, unless such force or threat is
necessary to avoid immediate danger to the safety of the CDL applicant, the
Examiner, a DMV employee, employees of the CDL Third Party Tester or other
individuals.
(g) Possessing any
unlawful controlled substance, inhalant, intoxicating beverage or being visibly
intoxicated while administering a CDL skills test.
(h) Falsifying any document or making a
misrepresentation on a CDL Third Party Examiner or CDL Third Party Tester
application or in any document that relates to any testing activity.
