Current through Register Vol. 63, No. 9, September 1, 2024
(1) The standards of professional conduct for
a testing business for any owner, officer, agent, director, manager, examiner
or employee must be consistent with the standards of professional conduct
expected of a person employed by DMV who administers Class C drive tests.
Therefore, DMV requires the testing business and any person employed by or
associated with the testing business to be professional and respectful in all
dealings with applicants and other persons while ensuring the safety of Oregon
roads.
(2) A testing business may
not engage in or allow any owner, officer, agent, director, manager or employee
to engage in any of the following:
(a)
Assisting or allowing an applicant falsely:
(A) Receive a passing score on the drive test
when the applicant either failed the test, did not take the test, did not take
the complete test, or took a test that was not administered in accordance with
the training provided by DMV; or
(B) Obtain driving privileges for which the
applicant is ineligible or is not qualified to obtain.
(b) Discriminating against any 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 an applicant;
(d) Having sexual relations with
or requesting sexual relations from an 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.
(e) Using physical force or a threat of
physical force against an applicant, unless such force or threat is necessary
to avoid immediate danger to the safety of the applicant, the third party
examiner, employees of the third party examiner or other individuals;
(f) Possessing any unlawful
controlled substance, inhalant, intoxicating beverage, marijuana item or
cannabis, or being visibly intoxicated while administering a drive test;
(g) Falsifying any document or
making any misrepresentation in any document that relates to any testing
activity; or
(h) Bribing a DMV
employee by offering, conferring or agreeing to confer any pecuniary benefit
upon a DMV employee when it is evident from the circumstances that the bribe is
to influence the results of a DMV inspection or evaluation.
Statutory/Other Authority: ORS
184.616,
184.619,
802.010 &
802.600
