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Oregon Bulletin

November 1, 2013

Department of Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Bulk Records for Crash Reports and Implied Consent Reports No Longer Available

Adm. Order No.: DMV 11-2013

Filed with Sec. of State: 9-24-2013

Certified to be Effective: 9-24-13

Notice Publication Date: 8-1-2013

Rules Amended: 735-010-0030

Subject: The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) is discontinuing the bulk sale of Implied Consent Combined Reports and Oregon Police Traffic Crash Reports. This action is being taken as a result of the U.S. Supreme Court decision in Maracich v. Spears, 570 U.S. ___, 133 S. Ct. 2191 (2013). The Supreme Court ruling states that solicitation of clients is not a use of personal information that is authorized by the “investigation in anticipation of litigation” exception to the Federal Driver Privacy Protection Act (DPPA) prohibition on use of personal information from motor vehicle records. Oregon statutes that implement this DPPA exception use the same language that was interpreted by the Supreme Court. Based on this ruling, DMV is no longer providing bulk sales of Implied Consent Combined Reports and Oregon Police Traffic Crash Reports under the exception in ORS 802.177(4)(a).

   The only reference in administrative rule that DMV has regarding these bulk sales is in OAR 735-010-0030(6) which DMV has amended to remove that reference. DMV also deleted section (12)(b) of this rule because driver record lists are no longer provided on paper or magnetic tape.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-010-0030

Types of Driver and Identification Card Records Available and Their Fees

This rule specifies the types of driver records available from DMV’s driver records database and the fee amounts for the records:

(1) Abstract of Employment Driving Record — Computer-produced record of an individual’s employment driving record. The record includes employment-related accidents, suspensions and convictions for violation of motor vehicle laws, as set forth in ORS 802.200(9). The record covers the three-year period preceding the date of the request. Miscellaneous administrative entries may also be included as determined by DMV. The record does not include convictions for offenses that result in a mandatory revocation or suspension under ORS 809.409, 809.411, 809.413 and 813.400. The record will include information of a positive drug test result, posted in accordance with ORS 825.412, only if the requestor provides written permission from the person who was subject to the drug test. The fee for each record is;

(a) $2 for a certified record ordered by mail or through DMV’s Interactive Voice Response System (IVR);

(b) $2 for an uncertified record provided through the Driving Record Web Service;

(c) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(2) Abstract of Non-employment Driving Record — Computer-produced record of an individual’s non-employment driving record. The record includes motor vehicle accidents, convictions for violations of motor vehicle laws, other than those included in the employment driving record, and DUII diversion agreements for the three years preceding the date of the record request. The record also includes suspensions, revocations or cancellations of driving privileges, except those suspensions where DMV has received notice to reinstate the person’s driving privileges under ORS 809.220. Miscellaneous administrative entries may also be included as determined by the department. The fee for each record is:

(a) $1.50 for a certified record ordered by mail or through IVR;

(b) $2 for an uncertified record provided through the Driving Record Web Service.

(c) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(3) Insurance Abstract of Non-employment Driving Record — Computer-produced record containing certain entries of an individual’s non-employment driving record as described in section (2) of this rule. The record includes motor vehicle accidents, convictions for violations of motor vehicle laws, other than those included in the employment driving record, DUII diversion agreements and suspensions, revocations or cancellations of driving privileges, except those suspensions where DMV has received notice to reinstate the person’s driving privileges under ORS 809.220. This record is available only to insurers or insurance support organizations. An individual may request his or her own insurance abstract to obtain an insurance discount under ORS 746.265(3). The fee for each record is:

(a) $1.50 for a certified record ordered by mail;

(b) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(4) Driver License Information Report — Information on the report includes driver name, address, license number, license type, license expiration date, license restrictions, license issue date and status of license. Driver license information may be provided orally or by computer-produced certified print. The fee for each report is:

(a) $1.50 for a computer-produced certified report or for an oral report from a DMV employee requested in person or over the phone. Information over the phone will only be provided to a record account holder. DMV will charge a search fee of $1.50 for any information requested under this paragraph but not found in DMV’s driver records database;

(b) $1.20 for a report obtained through IVR. DMV will charge a search fee of $1.20 for any information requested under this paragraph but not found through IVR.

(5) Identification Card (ID card) Information Report — Information on the report includes ID card holder’s name, address, ID card number, ID card expiration date, issue date, and status of ID card. ID card information may be provided orally through IVR or by computer-produced certified print. The fee for each report is:

(a) $1.50 for a computer-produced certified report or for an oral report from a DMV employee requested in person or over the phone. Information over the phone will only be provided to a record account holder. DMV will charge a search fee of $1.50 for any information requested under this paragraph but not found in DMV’s records database;

(b) $1.20 for a report obtained through IVR. DMV will charge a search fee of $1.20 for any information requested under this paragraph but not found in IVR.

(6) Oregon Police Traffic Crash Report — The fee for a copy of an Oregon Police Traffic Crash Report is $9.50 for a certified copy or $8.50 for an uncertified copy. DMV will charge a search fee of $8.50 for an Oregon Police Traffic Crash Report that is requested but not found.

(7) Driver License/ID Card Application History — The fee for a person’s application history which includes copies of any application for an original, renewal or duplicate driver license or ID card is $18.50 for a certified history or $17.50 for an uncertified history.

(8) Miscellaneous Driver Document Copy — Copies of any document or transaction related to a person’s driving record, driver license, or driving privilege. The fee for a miscellaneous driver document is $5 for a certified copy or $4 for an uncertified copy.

(9) Driver Purged File History — Computer-produced print containing all entries shown on the computer file for a driver, except those entries exempted under the Oregon Public Records Law, ORS 192.410 to192.505. The fee for a driver purged file history is $2. DMV will charge a search fee of $1.50 for any driver file requested under this subsection but not found in DMV’s driver records database.

(10) Court Print — Computer-produced record of an individual’s employment and non-employment driving record. The record includes convictions for major traffic offenses, DUII diversion agreements and any alcohol rehabilitation entries for the ten years preceding the date of the request, and convictions for minor traffic offenses and motor vehicle accidents for the five years preceding the date of the request. The record also includes suspensions, cancellations, revocations and miscellaneous administrative entries, but does not include information exempt from disclosure under the Oregon Public Records Law. Court Print with CDL Medical Certification — Computer-produced record of a CDL holder’s employment and non-employment driving record as described above. The record also includes medical certification data that shows if the CDL holder is medically qualified to drive commercial motor vehicles. The fee for each record is:

(a) $3 for a certified print ordered by mail, through IVR or through the Automated Reporting Service (A.R.S);

(b) $2 for a record accessed through the Driving Record Web Service;

(c) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(11) Suspension Package — Certified court print and certified copies of any of the following documents needed for a court proceeding: a suspension, revocation or cancellation notice; returned envelope, signed receipt, or affidavit showing service of the notice; hardship permit application; license restrictions; or any letter sent by DMV informing the person of a suspension, revocation or cancellation. The fee for a suspension package is $11.50. There is a $1.50 search fee if a court print requested under this subsection cannot be found in DMV’s driver records database;

(12) Driver Records List — Computer produced list of driver names, addresses or other record information created using selection criteria. For example, the selection criteria may be the names and addresses of all licensed drivers of a specific age group. The following apply to a request for a driver records list:

(a) The requester must describe how the list will be used. If the purpose of the list is for bulk distribution, as defined in OAR 735-010-0008, the list will only include individuals who have requested that their personal information be provided to bulk distributors.

(b) DMV’s computer system must be programmed to use the selection criteria requested. If the selection criteria requested requires additional computer programming, DMV will not provide the list unless DMV computer programming resources are available and the requester pays the actual programming costs as set forth in OAR 735-010-0000.

(c) The fee for a driver records list furnished via File Transfer Protocol Secure (FTPS) is $700.

(13) Purged Driver Record Information — Copy of a microfilmed driving record containing entries that have been purged from DMV’s driver records database. The fee for a purged information driving record is $2.50 for a certified copy or $1.50 for an uncertified copy.

(14) Insurance Information Search — A search of DMV records to identify the insurance company and policy number for a vehicle or individual. This information may be provided orally by a DMV employee if requested in person or over the phone or by letter from DMV. The fee for an insurance information search is $10, regardless of whether the information is actually found in DMV records.

(15) Automated Reporting Service (A.R.S) — A court print sent automatically to an enrolled record account holder when an accident, conviction, DUII diversion or suspension, revocation or cancellation is posted to a listed individual’s driving record. The fee for an A.R.S. court print is $3.00. If the account holder requests that DMV add or delete an individual from A.R.S. there is a $2.00 fee. There is no fee to add or delete an individual if the record account holder uses DMV’s online system.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.010, 802.179, 802.183, 802.200, 802.220 & 802.230

Stats. Implemented: ORS 802.200, 746.265, 802.230, 802.220 & 825.412

Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 8-1985, f. & ef. 8-1-85; MV 20-1987, f. 9-21-87, ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0035; MV 44-1989, f. & cert. ef. 10-16-89; MV 15-1990, f. 8-30-90, cert. ef. 9-1-90; MV 12-1992, f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 20-2001, f. & cert. ef. 10-18-01; DMV 1-2002, f. & cert. ef. 1-17-02; DMV 5-2005, f. & cert. ef. 2-16-05; DMV 16-2009, f. 9-29-09 cert. ef. 10-1-09; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 6-2012, f. & cert. ef. 6-27-12; DMV 11-2013, f. & cert. ef. 9-24-13


Rule Caption: Mandatory Reporting Requirements of Medically At-Risk Drivers and ID Card Availability When Voluntarily Quits Driving

Adm. Order No.: DMV 12-2013

Filed with Sec. of State: 9-24-2013

Certified to be Effective: 9-24-13

Notice Publication Date: 8-1-2013

Rules Amended: 735-062-0010, 735-062-0135, 735-074-0080, 735-074-0090

Subject: Oregon Laws 2011, Chapter 295, section 1 (HB 3185), created a work group in the Department of Transportation to evaluate the department’s At-Risk Driver Program and consider different assessment tools and options for enhancing the program. This work group included experts in geriatrics, general medicine, driving assessment, research practices, and law enforcement, as well as an advocate for senior citizens.

   In assessing the At-Risk Driver Program the work group made recommendations to amend the rules as follows:

   * Modify the definition of “uncontrollable” to include the term “persistent.”

   * Expand mandatory reporting to include medical professionals who provide specialist evaluations or health care services that result from a referral by another physician or health care provider.

   * Specify that reporting is not required if a patient is incapacitated and not expected to regain the ability to drive.

   The amendments of OAR 735-074-0080 and 735-074-0090 make the changes recommended by the work group.

   The work group also recommended that DMV rules and forms related to surrender of driving privileges be amended. ORS 807.400 authorizes DMV to issue a no fee identification card if a person acknowledges he or she is no longer competent to drive. The work group determined that this language has a negative connotation for persons retiring their driving privileges, and recommended that DMV rules and forms use the words “no longer able to drive safely” which is consistent with ORS 807.060. DMV amended OAR 735-062-0010(7)(a) and 735-062-0135(4) to replace the words “no longer competent to drive” with the words “no longer able to drive safely.”

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-062-0010

Identification Cards

(1) Pursuant to ORS 807.400 and as provided in this rule, DMV will issue an identification card to a person who does not have a valid driver license.

(2) A person applying for an identification card must:

(a) Satisfy all identification card requirements set forth in ORS 807.400 and 807.410, except as described under section (7) of this rule;

(b) Provide a verifiable SSN or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005;

(c) Provide proof of legal presence as provided in OAR 735-062-0015;

(d) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016.

(e) Provide proof of the person’s identity and date of birth as provided in OAR 735-062-0020; and

(f) Provide proof of the person’s residence address as provided in OAR 735-016-0070 and 735-062-0030.

(3) Identification cards issued to persons for whom DMV has created an Oregon driving record will reflect the same number as that on the existing record.

(4) An applicant in possession of a driver license issued by another jurisdiction must surrender that license to DMV before an identification card will be issued. The person must provide a statement to DMV if the person’s license is lost, destroyed or the person no longer has the license in his or her possession, and must agree that the license will be surrendered to DMV if found.

(5) Applicants for an identification card must personally apply at a DMV office to receive an identification card.

(6) All identification cards must include a photograph of the cardholder.

(7) DMV will waive the fee requirements set forth in ORS 807.410 for those persons applying for an identification card when:

(a) The person voluntarily surrenders an Oregon license or driver permit to DMV based upon the person’s recognition that the person is no longer able to safely operate a motor vehicle; or

(b) The person’s driving privileges are suspended under ORS 809.419(1) and the person voluntarily surrenders the person’s license or driver permit to DMV.

(8) An identification card of a United States citizen or permanent legal resident with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On March 1 if the expiration year is not a leap year.

(9) After determining that an applicant has met all requirements under this rule, DMV will issue the identification card and mail it to the address provided by the applicant at the time of application.

(10) After determining that an applicant has met all requirements under this rule and has provided proof of legal presence in the United States on a temporary basis, as described in OAR 735-062-0015(4), DMV will issue a limited term identification card and mail it to the address provided by the applicant at the time of the application.

(11) DMV may renew an identification card as provided in OAR 735-062-0090 or may do so using a previous photograph only as provided 735-062-0125.

(12) DMV may replace an identification card as provided in OAR 735-062-0110 or may do so using a previous photograph only as provided 735-062-0125.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021, 807.040, 807.050 & 807.400

Stats. Implemented: ORS 807.021, 807.022 & 807.400

Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0003; MV 19-1990, f. 12-17-90, cert. ef. 1-1-91; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 12-2013, f. & cert. ef. 9-24-13

735-062-0135

Voluntary Surrender of Driving Privileges

A person may surrender all or part of the driving privileges granted to that person by the State of Oregon, through the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV).

(1) To surrender all or part of a person’s driving privileges, that person must sign a DMV form and must surrender to DMV any license or permit issued for the driving privilege. DMV will allow the person to surrender all driving privileges, or part of the driving privileges granted to that person under any class of license, endorsement or driver permit.

(2) When driving privileges are surrendered, the driving privileges are immediately withdrawn and the person is no longer authorized to operate vehicles pursuant to those driving privileges. A person who surrenders all driving privileges may not exercise any driving privileges, except those granted by statute under ORS 807.020. A person who surrenders part of the person’s driving privileges may exercise only those driving privileges retained. Operation of a vehicle on Oregon highways or premises open to the public without appropriate driving privileges is a violation of law under ORS 807.010.

(3) In accordance with OAR 735-062-0010, DMV may issue an identification card to a person who has surrendered all driving privileges.

(4) If the person surrenders all driving privileges and declares on DMV form 735-7206 that he or she is no longer able to safely operate a motor vehicle, DMV will rescind any suspension imposed under OAR 735-074-0140 or 735-076-0020.

(5) A person may surrender only part of the driving privileges granted by DMV by canceling any endorsements or driver permits granted to the person. The person must specify those driving privileges the person seeks to surrender. A person who surrenders an endorsement must pay the renewal or replacement license fee for issuance of a license that reflects the driving privileges the person retains.

(6) Surrender of driving privileges means the driving privileges are canceled as defined in ORS 801.175(2). When a voluntary surrender of driving privileges is accepted, DMV will cancel driving privileges without providing further notice or an opportunity for hearing to the person. The person’s driving record will show that the driving privileges have been surrendered.

(7) A person who seeks to regain surrendered driving privileges must reapply for the privileges and establish eligibility and qualification as provided by law, including payment of all required fees.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 809.419

Stats. Implemented: ORS 802.010(1)(c), 809.419

Hist.: DMV 1-2003, f. & cert. ef. 2-13-03; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f. & cert. ef. 11-18-05; DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 12-2013, f. & cert. ef. 9-24-13

735-074-0080

Definitions

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) A “health care provider” is a person licensed, certified or otherwise authorized or permitted by law to administer health care in the State of Oregon. For purposes of these rules, the term health care provider is limited to: a chiropractic physician, nurse practitioner, occupational therapist, physical therapist, optometrist, physician assistant and podiatric physician or surgeon.

(3) “Immediate suspension or cancellation” means the suspension or cancellation of driving privileges or the right to apply for driving privileges before the person is given an opportunity for a hearing to contest the suspension or cancellation.

(4) “Mandatory reporting or a mandatory report” is a report of severe and uncontrollable cognitive or functional impairments, submitted by a physician or designated health care provider as mandated under ORS 807.710 and these rules. DMV also has a non-mandatory reporting program that can be used by anyone, including physicians and health care providers, that reports medical issues or driving behaviors that may affect the person’s ability to safely operate a motor vehicle. The non-mandatory reporting program is outlined in OAR chapter 735, division 76.

(5) “Medical Determination Officer” is a physician, nurse practitioner or physician assistant, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a driver’s medical eligibility for driving privileges.

(6) A “medical report form” is the form provided to a person or designated by DMV to be used to obtain medical information for determining if the person is eligible or qualified for driving privileges.

(7) A “physician” is a medical doctor or doctor of osteopathic medicine licensed to practice medicine in the State of Oregon by the Board of Medical Examiners or a doctor of naturopathic medicine licensed to practice naturopathic medicine in the State of Oregon by the Board of Naturopathic Examiners.

(8) A “primary care provider” is a physician or health care provider who is responsible for supervising, coordinating and providing a person’s initial and ongoing health care. A primary care provider initiates referrals for health care outside of his or her scope of practice, consultations and specialist care to assure continuity of a person’s medically appropriate health care.

(9) “Primary and secondary driving controls” mean the steering wheel, gas pedal, brake, clutch (if applicable), turn signal controls, headlight controls, windshield wiper controls, defrost control and horn of a motor vehicle.

(10) “Recertification” or “recertify” is the process for requiring the person to reestablish eligibility at periodic intervals by submitting updated medical or vision information and possibly proving that the mental or physical condition or impairment does not affect their ability to safely operate a motor vehicle by passing DMV tests, receiving a determination of eligibility from the Medical Determination Officer, or both.

(11) “Severe” means that the impairment substantially limits a person’s ability to perform activities of daily living, including driving, because it is not controlled or compensated for by medication, therapy, surgery or adaptive devices. Severe does not include a temporary impairment for which the person is being treated by a physician or health care provider and which is not expected to last more than six months.

(12) “Uncontrollable” means the impairment persists despite efforts to control or compensate for it by medication, therapy, surgery, or adaptive devices. Uncontrollable does not include an impairment for which treatment by medication, therapy, surgery or adaptive devices is currently under evaluation.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.710

Stat. Implemented: ORS 807.710

Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 12-2013, f. & cert. ef. 9-24-13

735-074-0090

Physicians and Health Care Providers Required to Report to DMV

(1) If providing health care services to a person meeting the criteria set forth in OAR 735-074-0100 or 735-074-0110, the following physicians and health care providers must submit a report to DMV as described in 735-074-0120:

(a) The person’s primary care provider.

(b) A physician or health care provider providing emergency health care services to a person who does not have a primary care provider.

(c) A physician, physician assistant or nurse practitioner providing ongoing specialist health care services for a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110.

(2) A physician, physician assistant, or nurse practitioner providing a specialist evaluation or a health care provider providing health care services based on a referral from the person’s primary care provider, and the health care services relate to a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110 must:

(a) Submit a report to DMV; or

(b) Provide the findings, test results and/or treatment report to the referring provider. Upon receipt of findings, test results and/or a treatment report, the referring provider must submit a report to DMV if the cognitive or functional impairment meets the criteria set forth in OAR 735-074-0110.

(3) An ophthalmologist or optometrist providing health care services to a person who does not meet the DMV vision standards set forth in OAR 735-062-0050 with corrective lenses or devices must:

(a) Submit a report to DMV; or

(b) Provide the findings or test results to the person’s primary care provider. Upon receipt of findings from the ophthalmologist or optometrist, the primary care provider must submit a report to DMV.

(4) Notwithstanding section (1) of this rule, a physician or health care provider providing health care services to a person meeting the criteria set forth in OAR 735-074-0100 and 735-074-0110, is not required to submit a report to DMV if the person is incapacitated and not expected to regain the ability to drive.

Stat. Auth.: ORS 184.616, 184.619 & 807.710

Stat. Implemented: ORS 807.710

Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 12-2013, f. & cert. ef. 9-24-13


Rule Caption: Witness Information, Requests for Admissions, and Written Interrogatories in Implied Consent Hearings

Adm. Order No.: DMV 13-2013

Filed with Sec. of State: 9-24-2013

Certified to be Effective: 9-24-13

Notice Publication Date: 8-1-2013

Rules Adopted: 735-090-0066

Subject: Most contested case hearings for implied consent cases are conducted under extremely tight timelines in accordance with ORS 813.410, with the hearing held and the final order issued within 30 days of arrest. This tight timeframe leaves little to no extra time for DMV and the Office of Administrative Hearings (OAH) to engage in the discovery methods described under OAR 137-003-0566. There are limited exceptions to the statutory timelines set forth in ORS 813.440, which do not include requests for discovery. Approximately 250 implied consent hearings are conducted each month. The relevant documents are provided to the petitioner as discovery prior to the hearing, namely the police report described in ORS 813.120, which includes the name and telephone number of the reporting officer who will testify at hearing, and other documents DMV intends to offer as exhibits. Recently, the Department of Justice adopted new model rules for discovery methods in contested cases. Under OAR 137-003-0566(2) an agency may determine that certain forms of discovery are not allowed in a category of cases when the agency meets certain conditions. DMV finds that the discovery methods listed in OAR 137-003-0566(1)(a), (d), and (e) (the names, telephone numbers, and addresses of witnesses expected to testify at the hearing, requests for admissions, and written interrogatories respectively) would unduly complicate and interfere with the hearing processes in implied consent cases due to the volume of cases and need for speed and informality in these cases. The current alternative procedures for sharing relevant information, including those established in Oregon Administrative Rule, Chapter 735, Division 90, are sufficient to ensure fundamental fairness in implied consent contested case hearings. In addition, the names of the possible witnesses that will testify on the agency’s behalf are already included in the documents DMV provides to a petitioner prior to hearing. Therefore DMV has adopted OAR 735-090-0066 to establish that witness information, requests for admissions, and written interrogatories do not apply to and may not be used as discovery methods in implied consent contested case hearings.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-090-0066

Witness Information, Requests for Admissions, and Written Interrogatories

(1) The Agency finds that use of the discovery methods listed in OAR 137-003-0566(1)(a), (d) and (e) (names, telephone numbers, and addresses of witnesses expected to testify at the hearing, requests for admission, and written interrogatories respectively) would unduly complicate and interfere with the hearing processes in Implied Consent contested case hearings due to the statutorily mandated timeframe within which these cases must be decided, the volume of cases and need for speed and informality in these hearings. The current alternative procedures for sharing relevant information, including those established in Oregon Administrative Rule, chapter 735, division 90, are sufficient to ensure fundamental fairness in Implied Consent contested case hearings.

(2) The witness information, requests for admission, and interrogatories described in OAR 137-003-0566(1)(a), (d) and (e) do not apply to the Agency’s Implied Consent contested case hearings and may not be used in such hearings.

Stat. Auth.: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440

Stats. Implemented: ORS 813.410 & 813.440

Hist.: DMV 13-2013 f. & cert. ef. 9-24-13


Rule Caption: Waiver of Drive Test When Applicant Has Completed an Approved Driver Education Program

Adm. Order No.: DMV 14-2013

Filed with Sec. of State: 9-24-2013

Certified to be Effective: 9-24-13

Notice Publication Date: 8-1-2013

Rules Amended: 735-062-0080, 735-062-0140

Subject: The Oregon Department of Transportation, Transportation Safety Division (TSD), oversees driver education in Oregon. TSD has built a very robust driver education program, where the instructors must complete many hours of specialized training and the curriculum used by all providers is consistent and uses best practices to successfully teach safe driving behaviors. All TSD-approved driver education programs require students to pass a drive test to successfully complete the course. TSD is working to standardize the drive test procedures used by all providers. During this standardization process, DMV will coordinate with TSD to make certain that the drive test meets or exceeds the requirements of a Class C drive test conducted by DMV.

   ORS 807.072 (1)(a) authorizes DMV, by administrative rule, to waive any test establishing qualification for a driver license where the person can provide satisfactory proof that they have passed an equivalent test that is given in conjunction with a traffic safety education course certified by the Department under ORS 802.345. DMV has amended OAR 735-062-0080 to state that DMV will waive the drive test portion of DMV testing for any person who provides a Driver Education Certificate of Completion card issued by a TSD-approved traffic safety education course provider, if the drive test that the person passed to successfully complete the course meets or exceeds DMV’s Class C drive test. DMV also amended OAR 735-062-0140 to establish the specific proof of completion of a traffic safety education course that DMV will accept.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-062-0080

Waiving Drive Test Portion of Driver License Examination

(1) DMV will waive the actual demonstration of an applicant’s ability to drive a Class C vehicle required by ORS 807.070(3) if all of the following apply:

(a) The applicant surrenders to DMV a driver license issued to the applicant by another state, the District of Columbia, a United States Territory, a Canadian Province or a jurisdiction with whom DMV has a reciprocity agreement and the driver license has not been expired for more than one year, or if the person’s driver license issued by a jurisdiction listed above, has been lost or stolen, the applicant submits a letter of clearance, as required in OAR 735-062-0007;

(b) The surrendered, lost or stolen license authorizes the driving of a vehicle other than a moped or motorcycle;

(c) The surrendered, lost or stolen license includes no restrictions other than a single restriction or a combination of restrictions comparable to restrictions imposed on an Oregon driver license;

(d) The applicant has no physical disabilities or impairments which may necessitate any restrictions other than:

(A) “With corrective lenses”;

(B) “Outside or side-view mirror(s)”; or

(C) The restriction(s) imposed on the applicant’s surrendered, lost or stolen driver license issued by another jurisdiction.

(e) The applicant has no physical or mental condition that provides DMV with reason to question the applicant’s ability to drive a motor vehicle without endangering the safety of persons or property.

(2) In addition to section (1) of this rule, DMV will waive the actual demonstration of an applicant’s ability to drive a Class C vehicle required by ORS 807.070(3) if:

(a) The applicant passes a traffic safety education course approved by the Transportation Safety Division under ORS 802.345;

(b) The drive test administered during the traffic safety education course meets or exceeds the requirements of a Class C drive test conducted by DMV; and

(c) The applicant provides a Driver Education Certificate of Completion card, as described in OAR 735-062-0140, that was issued within two years prior to the submission of an application for a Class C driver license.

(3) DMV may waive the actual demonstration of an applicant’s ability to drive a Class A, B, or C commercial motor vehicle or any endorsement related to a commercial driver license if the applicant meets the qualifications set forth in subsections (1)(a) through (e) of this rule and surrenders a commercial driver license issued by another state or the District of Columbia that authorizes the driving of a commercial motor vehicle included in the Oregon classification for which the application is made.

(4) DMV may waive the actual demonstration of an applicant’s ability to drive a Class A or B commercial motor vehicle if the applicant has military experience driving a Class A or Class B commercial motor vehicle and meets the following requirements:

(a) The applicant holds or is eligible for an Oregon non-commercial driver license;

(b) The applicant submits a completed Application for Military Skills Waiver, including the Commanding Officer’s certification of commercial driving experience, showing the applicant meets the conditions for a waiver of drive skills testing set forth in 49 CFR, Section 383.77, Substitute for driving skills test for drivers with military CMV Experience; and

(c) DMV determines, based on documentary evidence submitted by the applicant or any military department or agency of the United States Department of Defense that:

(A) The class of commercial vehicle operated by the applicant in the military is equivalent to the class of commercial driver license for which the applicant is applying; and

(B) The applicant’s primary duty while serving in the military was operation of a commercial motor vehicle and included operation of a commercial motor vehicle on public roadways.

(5) DMV will waive the actual demonstration of an applicant’s ability to drive a motorcycle if:

(a) The applicant surrenders to DMV a motorcycle-endorsed driver license issued to the applicant by another state, the District of Columbia, a United States Territory or a Canadian Province, or submits a clearance letter as provided for in subsection (1)(a) of this rule; and

(b) The applicant meets the qualifications in subsections (1)(c), (d) and (e) of this rule.

(6) In addition to section (5) of this rule, DMV will waive the actual demonstration of an applicant’s ability to drive a motorcycle if:

(a) The applicant passes a motorcycle skills test given during a motorcycle rider education course established by the Transportation Safety Division under ORS 802.320; and

(b) The motorcycle skills test administered during the motorcycle education course meets or exceeds the motorcycle skills test administered by DMV.

(7) Evidence of passing the motorcycle skills test identified in section (6) of this rule is a motorcycle education course completion card as provided for in OAR 735-062-0140. The completion card must have been issued within two years of application to be considered valid for waiver of the skills test.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.070, 807.072, 807.080 & 807.170

Stats. Implemented: ORS 807.070, 807.072, 807.080 & 807.170

Hist.: MV 61, f. 10-14-75, ef. 11-11-75; MV 15-1986, f. 9-16-86, ef. 10-1-86; MV 15-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0045; MV 26-1988, f. & cert. ef. 11-1-88; MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1990, f. & cert. ef. 8-16-90; MV 1-1991, f. & cert. ef. 3-18-91; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; MV 6-1992(Temp), f. 5-29-92, cert. ef. 6-1-92; MV 10-1992, f. 8-21-92, cert. ef. 9-1-92; MV 12-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 4-1995, f. & cert. ef. 3-9-95; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07; DMV 18-2006, f. & cert. ef. 12-13-06; DMV 3-2009, f. & cert. ef. 2-20-09; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 1-2013, f. 1-17-13, cert. ef. 2-1-13; DMV 14-2013, f. & cert. ef. 9-24-13

735-062-0140

Proof of Completion of a Traffic Safety Education or Motorcycle Education Course

(1) For purposes of waiving the Class C drive test DMV will only accept a Driver Education Certificate of Completion card issued by a traffic safety education course approved by the Transportation Safety Division. The Driver Education Certificate of Completion card must be in the format designed and approved by the Transportation Safety Division.

(2) For purposes of issuing a motorcycle endorsement DMV will only accept a course completion card from a motorcycle rider education course established under ORS 802.320. The course completion card must be issued within two years of application.

(3) As proof of completion of a motorcycle education course, DMV will accept a course completion card, which minimally includes:

(a) The applicant’s name;

(b) The name of the course completed;

(c) The date of the course;

(d) Where the course was taken;

(e) The signature of the instructor; and

(f) The instructor’s certification number.

Stat. Auth.: ORS 184.616, 184.619 & 807.175

Stats. Implemented: ORS 807.170 & 807.175

Hist.: MV 27-1989, f. & cert. ef. 10-3-89; MV 12-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 7-1998, f. & cert. ef. 6-19-98; DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07; DMV 18-2006, f. & cert. ef. 12-13-06; DMV 3-2009, f. & cert. ef. 2-20-09; DMV 14-2013, f. & cert. ef. 9-24-13


Rule Caption: Commercial Drive School Certificate and Instructor Certificate Requirements

Adm. Order No.: DMV 15-2013

Filed with Sec. of State: 9-24-2013

Certified to be Effective: 9-24-13

Notice Publication Date: 8-1-2013

Rules Amended: 735-160-0003, 735-160-0005, 735-160-0010, 735-160-0011, 735-160-0015, 735-160-0020, 735-160-0035, 735-160-0075, 735-160-0080, 735-160-0095, 735-160-0100, 735-160-0115, 735-160-0125, 735-160-0130

Subject: The rules in OAR Chapter 735, Division 160 outline the requirements for a Commercial Driver Training School Certificate and a Driver Training Instructor Certificate. DMV issues these certificates and also performs on-site audits of the drive school, their records and instruction. In performing these functions and reviewing the rules, DMV determined that a few minor changes needed to be made to improve both the rules and the program. Many changes were simply for clarity and consistency. Substantive changes include the following:

   1. Exempting a business from obtaining a Commercial Driver Training School Certificate if it only provides off-road instruction in vehicles with equipment which simulate hazardous driving conditions to persons holding valid driver licenses.

   2. Updating offenses that disqualify an applicant as an Operator or Instructor to include involuntary servitude and trafficking in persons.

   3. Requiring a person who conducts behind-the-wheel training to have had a driver license for a minimum of five years;

   4. Requiring an applicant for an instructor certificate to disclose prior certification(s) in another state on the application;

   5. Requiring an applicant for an instructor certificate to provide an explanation or evidence if he or she self-reports a medical condition or the person is in the DMV medically at-risk program. DMV will review information provided by the applicant and determine if the person qualifies to be an Instructor, notwithstanding the medical or physical condition.

   6. Modifying the sanctions to make them more consistent and appropriate for the violation.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-160-0003

Purpose and Exemptions

(1) The purpose of chapter 735, division 160 rules is to outline the requirements for a Commercial Driver Training School Certificate pursuant to ORS 822.515 and a Driver Training Instructor Certificate pursuant to ORS 822.530.

(2) Except as provided in ORS 822.500(2) and section (4) of this rule a person must obtain a Commercial Driver Training School Certificate to operate, for consideration, a business or non-profit enterprise engaged in educating and training persons in the driving of motor vehicles, either practically or theoretically or both.

(3) Except as provided in ORS 822.525(2) and section (4) of this rule, a person must obtain a Driver Training Instructor Certificate if, for compensation, the person teaches, conducts classes, gives demonstrations to or supervises practice in the driving of motor vehicles. This section applies to persons acting on their own behalf, or acting as an operator of or on behalf of, any business, nonprofit enterprise, or school engaged in educating and training persons in the driving of motor vehicles, either practically or theoretically or both.

(4) A person that provides limited driver education or training for a specialized purpose is exempt from the requirement to obtain either a Commercial Driver Training School Certificate or a Driver Training Instructor Certificate.

(5) For purposes of ORS 822.500, 822.525 and section (4) of this rule, the following are persons who provide limited driver education or training for a specialized purpose:

(a) A rehabilitation specialist engaged in evaluating, assessing or retraining drivers to compensate for a physical or mental condition or impairment.

(b) A provider of a DMV approved accident prevention course offered primarily for insurance discount purposes pursuant to ORS 742.490.

(c) A provider who teaches specialized driving skills to drivers of emergency vehicles as defined by ORS 801.260.

(d) An employee of a government entity, business, non-profit enterprise or school who provides defensive driving training or similar driver safety instruction to employees of the government entity, business, nonprofit enterprise or school who hold valid driver licenses.

(e) A person hired by, or contracting with, a government entity, business, non-profit enterprise or school who provides defensive driving training or similar driver safety instruction to employees of the government entity, business or nonprofit enterprise who hold valid driver licenses.

(f) A federal, state, county or city agency that provides driver safety training to members of the public who hold valid driver licenses, including, but not limited to teaching people how to drive in adverse weather conditions, a safe-driving program or a motorcycle safety program.

(g) A provider of off-the-highway instruction in the operation of off-road racing vehicles to persons holding valid driver licenses.

(h) A provider of off-the-highway instruction in the operation of off-road all terrain vehicles (ATVs).

(i) A provider of training conducted exclusively over the internet, if no classroom or behind-the-wheel training is conducted at any physical location in Oregon.

(j) A provider of driver improvement or similar driver safety instruction for the purpose of a court-order or for a court diversion program.

(k) An insurer, or person acting on behalf of an insurer, who provides defensive driving training or similar driver safety instruction for the purpose of reducing insurance premiums, not used to meet a DMV requirement.

(l) Providers of off the highway training conducted exclusively for currently licensed drivers who are taking the training to gain specific skills, not used to meet a DMV requirement. Examples of specific skills training include, but are not limited to, hazardous driving conditions training, crash avoidance training or tactical driver training.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.500 & 822.525

Stats. Implemented: ORS 822.500, 822.515, 822.525 & 822.530

Hist.: DMV 25-2005, f. 12-14-05 cert. ef. 1-1-06; DMV 18-2008, f. & cert. ef. 7-23-08; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0005

Definitions

The following definitions apply to terms in chapter 735, division 160 rules.

(1) “Behind-the-wheel” instruction means the portion of the training that requires the student to be located in the automobile.

(2) “Cancellation” in regards to a School Certificate or Instructor Certificate means to declare a School Certificate or Instructor Certificate void with a new certificate obtainable only as defined in OAR 735-160-0115(12).

(3) “Code of Ethics and Rules of Conduct Violation” means any violation of the standards established by OAR 735-160-0130.

(4) “Commercial Driver Training School” or “School” means a privately or publicly owned driver training facility in Oregon that has been issued a School Certificate by DMV to provide student drivers behind-the-wheel instruction, classroom instruction or both, for a fee.

(5) “Commercial Driver Training School Operator” or “Operator” means the person designated on the School Certificate as the representative responsible for the operation of a Commercial Driver Training School certified by DMV.

(6) “Commercial Driver Training School Instructor” or “Instructor” means a person issued an Instructor Certificate by DMV who is an employee of a Commercial Driver Training School, and who teaches, conducts classes, gives demonstrations or supervises the practice of student drivers.

(7) “Corrected School Certificate” means a certificate issued based on an application submitted by an Operator to:

(a) Correct or change a school name or address; or

(b) Correct or change the person designated as the school’s Operator.

(8) “Corrected Instructor Certificate” means a certificate issued based on an application submitted by an Instructor to:

(a) Correct or change the name or address of the school employing the Instructor; or

(b) Correct or change the Instructor’s name.

(9) “DMV” means the Driver and Motor Vehicle Services Division of the Department of Transportation.

(10) “Employee” means an individual who may or may not provide services for the school for compensation. For purposes of these rules, this definition includes an independent contractor.

(11) “Instructor Certificate” means a certificate issued by DMV as provided in ORS 822.530 to a Commercial Driver Training School Instructor to provide, for a fee, student drivers behind-the-wheel instruction, classroom instruction, or both.

(12) “Instructor Card” means a Card issued to an Instructor certified by DMV as evidence of Instructor certification.

(13) “Jurisdiction” means a state, territory, or possession of the United States, the District of Columbia, a territory or province of Canada, any state of the Republic of Mexico or the Federal District of Mexico or foreign government that has legal authority to issue driver licenses.

(14) “Permanent classroom facility” means a classroom used on a continuing, ongoing basis.

(15) “Revocation” means the termination of the authority granted under a School Certificate or an Instructor Certificate for a specified period, with a new certificate obtainable only as defined under 735-160-0115(11).

(16) “School Certificate” means a certificate issued by DMV as provided in ORS 822.515 to a Commercial Driver Training School Operator.

(17) “Student driver” or “student” means a person who is receiving classroom or behind-the-wheel instruction, or both, at a Commercial Driver Training School.

(18) “Supplemental School Certificate” means a certificate issued by DMV that authorizes a school to operate, under the same business name, at an additional business location that is 500 or more feet beyond any other authorized business location of the school. An additional business location includes a location where business records are kept and business activities are conducted but does not include a location where only instruction is provided.

(19) “Suspension” means the temporary withdrawal for a specified period of time of the authority to conduct business or perform instructional activities granted under a School Certificate or an Instructor Certificate.

(20) “Traffic crime” means a conviction under Oregon statute or city ordinance, or a comparable statute or city ordinance of any other jurisdiction, for any misdemeanor or felony involving the use of a motor vehicle that may result in a jail sentence.

(21) “Warning” means a written correction notice issued by DMV to the Operator or an Instructor of a Commercial Driver Training School that requires corrective action be taken as specified by DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530

Stats. Implemented: ORS 822.515

Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0010

Commercial Driver Training School Operator Qualifications

(1) An Operator of the school must be at least 21 years of age and meet the qualification requirements of sections (2) through (7) of this rule.

(2) An Operator must not have a conviction for any of the following crimes:

(a) A traffic crime as defined by ORS 801.545 and OAR 735-160-0005(20). This subsection does not apply if the conviction occurred more than five years preceding the date an application for a School Certificate or Corrected School Certificate is submitted to DMV;

(b) Kidnapping, custodial interference, subjecting another to involuntary servitude, or trafficking in persons as defined in ORS 163.225 through 163.266;

(c) Any sexual offense, with or without force, any offense related to child pornography or any offense compelling or promoting prostitution;

(d) Any crime involving death, injury or threat of injury to another person;

(e) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or

(f) Any crime relating to the unlawful possession, use, sale, manufacture or distribution of controlled substances or alcoholic beverages.

(3) An Operator who has been convicted of one of the crimes listed in section (2) of this rule may include an explanation of the crime or evidence of intervening circumstances since the conviction. DMV may issue a School Certificate if the person is otherwise qualified and DMV determines based on the explanation or evidence DMV determines that the conviction does not affect the person’s fitness to be an Operator.

(4) An Operator must not engage in conduct that is substantially related to the person’s fitness to be an Operator or that demonstrates unfitness and inability to perform the responsibilities of an Operator. DMV will determine from the facts of the conduct, and the intervening circumstances known to DMV, if the person is fit to perform the responsibilities of an Operator or poses a risk to the safety of others while performing those responsibilities.

(5) An Operator may not be the operator of any school in Oregon if a School Certificate issued to the operator is currently revoked for an offense described in OAR 735-160-0010(2). An Operator may not be the operator of any school in Oregon if a School Certificate issued to the Operator is currently suspended, revoked, canceled, or withdrawn unless the School Certificate is reinstated or is eligible and the Operator meets all eligibility requirements of OAR 735-160-0010.

(6) An Operator must not have been the operator of any school in another jurisdiction that has been suspended, revoked, canceled, or withdrawn for the same or a similar offense as described in OAR 735-160-0010(2) within five years preceding the date of application for a School Certificate or Corrected School Certificate. DMV will review the results of an operator’s criminal history to determine whether the offense is applicable.

(7) The criteria described in this rule apply to a current School Certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 if an Operator fails to remain qualified as prescribed under this rule.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.500, 822.515 & 822.530

Stats. Implemented: ORS 822.500 & 822.515

Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0010; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0011

Issuance of Commercial Driver Training School Certificate

(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 obtain the Operator’s criminal background information. 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 Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Public Records law.

(d) Submit a School bond that complies with the requirements of ORS 822.505, on a form prescribed by DMV, and certify that a bond will remain in effect as long as the School Certificate is valid;

(e) Submit proof of insurance that complies with the requirements of ORS 822.510, on a form prescribed by DMV. The Operator must certify that insurance will remain in effect as long as the School Certificate is valid;

(f) Submit the fee required under ORS 822.700; and

(g) Register the business name with the Secretary of State, Corporation Division and provide the registry number.

(2) The business location of the School must comply with the requirements of OAR 735-160-0020.

(3) Once issued, a School Certificate is not transferable to any other Commercial Driver Training School.

(4) An Operator must submit to DMV a renewal application, supporting documents and payment for a School Certificate no later than the last day of the calendar year. DMV will provide a grace period of 45 days for the application to be processed 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.

(5) 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 false.

(6) 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 183.310 to 183.500 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, or DMV determines continued operation of the School would constitute a serious danger to the public health or safety.

(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 to 822.515 and the OAR chapter 735, division 160 rules are satisfied.

(7) 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.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.505, 822.510 & 822.515

Stats. Implemented: ORS 822.500, 822.510 & 822.515

Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0015

Commercial Driver Training School Operator Responsibilities

(1) An Operator must:

(a) Notify DMV by mail, email or facsimile within 10 calendar days of any of the following:

(A) The location of any permanent classroom facility changes;

(B) The School goes out of business and ceases operations;

(C) The Operator no longer meets or maintains the qualifications set forth in OAR 735-160-0010;

(D) The School does not maintain the requirements set forth in OAR 735-160-0011;

(E) An Instructor whose employment with the School has terminated; or

(F) An Instructor employed by the School who no longer meets or maintains the qualifications, responsibilities or requirements set forth in OAR 735-160-0075, 735-160-0080, and 735-160-0095, including an explanation of why the Instructor no longer meets the qualifications, responsibilities, or requirements.

(b) File an application with DMV for a Corrected School Certificate within 10 calendar days if the name or address of the School changes or the School Operator’s name changes. If the name of the School changes, the Operator must submit bond and insurance documents in the new business name to DMV within thirty (30) days;

(c) Make any and all business records, vehicles and facilities related to the operation of the School available for inspection by a DMV inspector in accordance with OAR 735-160-0030. DMV may conduct an inspection with or without prior notice to the School Operator;

(d) Establish procedures that reasonably insure no Instructor or student is under the influence of any intoxicant during classroom or behind-the-wheel instruction;

(e) Provide student with a copy of, or prominently display in a publicly accessible and conspicuous manner, a complaint procedure that includes DMV contact information;

(f) Comply with all statutes, administrative rules, and regulations related to the operation of a Commercial Driver Training School;

(g) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 735-160-0130;

(h) Authorize only a person that has been issued an Instructor Certificate, who is employed by the School, to provide classroom or behind-the-wheel instruction to a student driver;

(i) Notify DMV by facsimile, email or mail within 24 hours (excluding weekends and state holidays) of any:

(A) Notice of a civil legal action filed against the School, Operator or an Instructor which is related to the School’s operations; or

(B) Criminal investigation, arrest or conviction for an offense described in OAR 735-0160-0010(2); and

(j) If requested, respond to DMV by mail, email or facsimile within 10 calendar days to any complaint received by DMV.

(2) An Operator must not:

(a) Falsify or tamper with any records;

(b) Act as a Commercial Driver Training Instructor unless the Operator has been issued an Instructor Certificate by DMV;

(c) Transfer or allow any other School or Operator to use the School Certificate issued to the Operator;

(d) Knowingly assist a person to fraudulently obtain driving privileges from DMV; or

(e) Permit an Instructor who works for the School to:

(A) Provide classroom or behind-the-wheel instruction to any student driver who is not enrolled in the School. This subsection does not apply to instruction given by an Instructor to his or her immediate family members;

(B) Conduct any behind-the-wheel instruction with any student driver not in possession of a valid driver license or instruction permit;

(C) Provide behind-the-wheel instruction to any student driver on a driving route specifically used by DMV to test applicants for Oregon driving privileges;

(D) Provide questions and answers that are identical to a DMV knowledge test during classroom training;

(E) Allow any Instructor who does not have a valid Oregon driver license to conduct behind-the-wheel instruction and not allow any Instructor who does not have a valid driver license to conduct classroom training.

(f) Permit any person under the age of 19 to conduct any instruction, or permit any person under the age of 21 to conduct behind-the-wheel instruction.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.505, 822.510, 822.515 & 822.530

Stats. Implemented: ORS 822.505, 822.510 & 822.515

Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0020

Location and Advertising

(1) No School may have a business location closer than 1,500 feet to any DMV office, unless it has continuously operated in that location prior to the opening of the DMV office.

(2) No School may be operated from a liquor store, bar, tent, temporary stand, temporary address, mailing service, or through a telephone answering service.

(3) Every School must have a business location in Oregon having at least one structure where records required to be maintained are kept and made available for DMV inspection. The School Certificate must list the business location.

(4) A Commercial Driver Training School with more than one business location must, on a form supplied by DMV, apply for and be issued a Supplemental School Certificate for each additional business location not listed on the School Certificate. A supplemental business location must be 500 or more feet from any other business location of the School and must operate under the same business name as that listed on the School Certificate. The Supplemental School Certificate must list the supplemental business location.

(5) If the business location changes, the School must be issued a Corrected School Certificate before business may be conducted at the new location. If the name of the School changes, the School must obtain a Corrected School Certificate and Corrected Supplemental School Certificate for each business location before business may be conducted under the new name.

(6) Access to the most current Oregon Vehicle Code statutes and the most current Oregon Administrative Rules relating to driver licensing must be available at each business location and supplemental business location of the School. The statutes and administrative rules must be made available for view by the public upon request. Access to the statutes and administrative rules may be provided electronically through the internet.

(7) The following advertising practices must be followed:

(a) No advertisement, publication, employee or other person affiliated with the School may indicate or imply that enrollment in the School guarantees issuance of driving privileges;

(b) No employee or other person affiliated with the School may solicit business or cause business to be solicited on its behalf or display or distribute any advertising material within 1,500 feet of any DMV office, unless the business location of the School is within 1,500 feet as authorized under section (1) of this rule;

(c) School forms, agreements, advertising and business premises signs may say: “This school is certified by the State of Oregon.” There may be no suggestion, either express or implied, in any form, agreement, advertisement, publication, business solicitation, or business sign that the School is endorsed or recommended by the State of Oregon or any agency of the State;

(d) Only the business location or supplemental business location address as it appears on the School Certificate or Supplemental School Certificate may be included in any advertisement or business solicitation;

(e) No advertisement, publication, or business solicitation may be false, deceptive, or misleading and no employee or other person affiliated with the School may disseminate false, deceptive, or misleading information about the School or authorize others to do the same;

(f) Only the School name as it appears on the current School Certificate may be used in any publication, form, advertisement, business solicitation, or sign; and

(g) No advertisement, publication, employee, or other person affiliated with the School may knowingly encourage persons who are not domiciled in or residents of Oregon to apply for Oregon driving privileges.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515

Stats. Implemented: ORS 822.515

Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0015; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0035

Inspection and Investigation

(1) DMV will periodically inspect a School to determine it is complying with all laws and administrative rules pertaining to Commercial Driver Training Schools, including Instructor certification and operation requirements.

(2) All records subject to this rule must be available for inspection by an authorized representative(s) of DMV. DMV may conduct a random inspection of the business premises, records, or equipment of a School to review compliance with Oregon statutes and administrative rules. DMV may give notice and arrange an appointment with the Operator prior to an inspection, or may conduct a random inspection without providing notice to the Operator. The Operator must consent to and fully cooperate with any inspection.

(3) Inspections may include examination of:

(a) All student driver records regardless of whether the student driver completed or failed to complete the School’s driver training program;

(b) The records of current or former Instructors employed by the School;

(c) Any motor vehicles used for training student drivers, to ensure that the vehicles meet the equipment standards of OAR 735-160-0040;

(d) Any curriculum and instructional materials used to teach or demonstrate how to drive; and

(e) Those facilities, records, or equipment DMV deems necessary to inspect, in its discretion, to ensure that the School is complying with all applicable provisions of law.

(4) Refusal to permit DMV to conduct an inspection will result in a sanction imposed pursuant to OAR 735-160-0125.

(5) DMV may investigate any complaint it receives about an Operator or Instructor. The Operator, Instructor and employees of the School must cooperate with DMV during the investigation. If requested by DMV, the Operator must respond to the complaint in writing and submit the response to DMV by mail, email or facsimile within 10 calendar days from the date DMV notifies the Operator of the complaint.

(6) DMV will prepare a written report of each inspection and investigation. A copy of the DMV report, including any sanction or corrective action, will be sent to the Operator.

(7) The Operator must correct any deficiency identified by a DMV inspector during an on-site inspection, within 30 calendar days of the date the inspection report requiring corrective action is issued by DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530

Stats. Implemented: ORS 822.515

Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0075

Commercial Driver Training School Instructor Qualifications

(1) No person will teach, conduct classes, give demonstrations to, or supervise the practice of student drivers for compensation unless he or she is issued an Instructor Certificate by DMV.

(2) To be eligible for an Instructor Certificate, or to renew or maintain an Instructor Certificate, a person must:

(a) Be at least 21 years of age to conduct behind-the-wheel training and age 19 to conduct classroom training;

(b) Be an employee of a School that holds a valid and current School Certificate issued by DMV;

(c) Have valid Oregon driving privileges, or valid driving privileges from another jurisdiction, for at least three years preceding the date an application for an Instructor Certificate is submitted to DMV if the person will only conduct classroom training, or valid driving privileges for at least five years preceding the date an application for an Instructor Certificate is submitted to DMV if the person will conduct behind-the-wheel instruction. To be valid, driving privileges must not be suspended, revoked, canceled, or otherwise withdrawn for a violation of a traffic crime described in OAR 735-160-0005(20) and ORS 801.545. For purposes of these OAR 735 division 160 rules, a hardship or probationary permit does not constitute valid driving privileges. A person who has not held Oregon driving privileges for the periods described above, may be required to submit a certified driving record from each jurisdiction that issued driving privileges during that period;

(d) Not have a conviction for any of the following crimes:

(A) A traffic crime as defined by ORS 801.545 and OAR 735-160-0005(20). This subsection does not apply if the conviction occurred more than five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(B) Kidnapping, custodial interference, subjecting another to involuntary servitude, or trafficking in persons as defined in ORS 163.225 through 163.266;

(C) Any sexual offense, with or without force, any offense related to child pornography, or compelling or promoting prostitution;

(D) Any crime involving death, injury or threat of injury to another person;

(E) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or

(F) Any crime relating to the unlawful possession, use, sale, manufacture, or distribution of controlled substances or alcoholic beverages;

(e) Not engage in conduct that is substantially related to the person’s fitness to be an Instructor or that demonstrates unfitness and inability to perform the responsibilities of an instructor. DMV will determine from the facts of the conduct, and the intervening circumstances known to DMV, if the person is fit to perform the responsibilities of an Instructor or poses a risk to the safety of others while performing those responsibilities; and

(f) Have received a passing score on the written knowledge test and the certification drive test described in OAR 735-160-0100 if the person is required to take the certification drive test under OAR 735-160-0080(3).

(g) Currently have valid Oregon driving privileges if the person will conduct behind-the-wheel training.

(3) A person is not eligible for an Instructor Certificate, and will not be allowed to renew or maintain an Instructor Certificate if:

(a) The person has a physical or mental condition or impairment affecting the person’s ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle;

(b) The person’s vision in both eyes, with or without corrective lenses, does not meet a minimum acuity of 20/40. Corrective lenses do not include bioptic telescopic lenses. This requirement does not apply to a person applying to conduct only classroom training.

(c) The person’s driving privileges are revoked as a habitual offender under ORS 809.600 or any equivalent action in another jurisdiction. This section applies if the person’s driving privileges were revoked as a habitual offender and have not been restored under ORS 809.660 or its equivalent in another jurisdiction at least five years prior to the date an application for an Instructor Certificate or Corrected Instructor Certificate is submitted to DMV;

(d) The person is enrolled or participating in a DUII diversion program including an equivalent diversion program in another jurisdiction. This section will apply if the person was enrolled or participated in a diversion program anytime within the five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(e) The person has had a suspension of driving privileges under a driver improvement program, including an equivalent driver improvement program in another jurisdiction. This section will apply if the suspension occurred within the last three years preceding the date an application for an Instructor Certificate is submitted;

(f) The person refuses to take a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section applies if the person refused a breath test anytime within five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(g) The person fails to pass a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section applies if the person fails a breath test anytime within five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(h) The person is an Instructor at any School in Oregon whose School Certificate is currently revoked, canceled, or withdrawn unless the Operator has completed the terms of their sanction according to OAR 735-160-0125; or

(i) The person has an Instructor Certificate or School Certificate that is suspended, revoked, canceled, or withdrawn or a similar sanction in this or in any other jurisdiction, on the date the application for an Instructor Certificate is submitted to DMV. The person must disclose on the application if he or she has been certified as an Instructor or Operator in the past three years in any other jurisdiction, and specify the jurisdiction(s). DMV will verify whether the person’s certification is currently withdrawn in that jurisdiction and if it is grounds for denial or withdrawal of an Oregon Instructor Certificate.

(4) A person who has been convicted of one of the crimes listed in section (2) of this rule may include an explanation of the crime or evidence of intervening circumstances since the conviction. Notwithstanding the conviction DMV may issue an Instructor Certificate if the person is otherwise qualified and DMV determines based on the explanation or evidence that the conviction does not affect the person’s fitness to be an Instructor.

(5) A person whose driving privileges have been suspended as described in section (3)(e) of this rule may include an explanation or evidence of intervening circumstances since the suspension. Notwithstanding the suspended driving privileges, DMV may issue an Instructor Certificate if the person is otherwise qualified and DMV determines based on the explanation or evidence that the suspension does not affect the person’s fitness to be an Instructor.

(6) An applicant who has answered “Yes” to any medical question on the application, or whose driving privileges are cancelled, suspended or revoked due to a mental or physical condition may include an explanation or evidence regarding the condition. DMV may request additional information from the applicant including, but not limited to, documentation regarding the nature of the condition from a licensed medical practitioner. Notwithstanding the condition, DMV may issue an Instructor Certificate if the person is otherwise qualified and based on the explanation or evidence DMV determines that the condition does not affect the person’s fitness to be an Instructor.

(7) The criteria described in this rule apply to a current Instructor Certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 if an Instructor fails to remain qualified as prescribed under this rule.

Stat. Auth.: ORS 184.616, 814.619, 802.010 & 822.530

Stats. Implemented: ORS 822.530

Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0080

Issuance of Commercial Driver Training School Instructor Certificate

(1) An applicant must apply for an original or renewal Instructor Certificate pursuant to ORS 822.530 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) Pass the knowledge and certification drive test requirement in accordance with OAR 735-160-0100. The drive test is not required if:

(A) The applicant can provide proof that he or she completed the Transportation Safety Division (TSD) approved Foundations course and the TSD approved course of study for behind-the-wheel instructor preparation, including an in-car practicum with beginning drivers;

(B) The applicant is an approved ODOT-TSD Traffic Safety Education Instructor; or

(C) The applicant will only conduct classroom training.

(d) Authorize DMV to obtain 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 Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Public Records Law.

(e) Submit the fee required under ORS 822.700; and

(f) Possess and maintain a current and valid Oregon driver license. If only conducting classroom training, the applicant may possess and maintain a current and valid driver license from another jurisdiction.

(2) An Instructor must submit to DMV a renewal application, supporting documents and payment for an Instructor Certificate no later than the last day of the calendar year. DMV may provide a grace period of 45 days for the application to be processed during which time the existing Instructor Certificate will remain valid. 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 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 183.310 to 183.500 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.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.530

Stats. Implemented: ORS 822.530

Hist.: MV 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0005; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0095

Commercial Driver Training School Instructor Responsibilities

(1) An Instructor shall:

(a) Meet and remain in compliance with the Instructor qualifications set forth in OAR 735-160-0075;

(b) Provide student driver training that meets the curriculum requirements set forth in OAR 735-160-0050;

(c) Accurately complete all applicable student driver records required under OAR 735-160-0030;

(d) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 735-160-0130;

(e) Comply with all statutes, administrative rules and regulations relating to acting as an Instructor;

(f) Carry the Instructor’s card at all times while providing instruction;

(g) Notify DMV by mail or facsimile within 24 hours, excluding state holidays or weekends of any:

(A) Notice of civil legal action filed against the Instructor related to acting as an Instructor; or

(B) A criminal investigation, arrest or conviction for an offense described in OAR 735-160-0075(2)(d); and

(C) If requested, respond to DMV in writing or by facsimile or mail within 10 calendar days (excluding weekends and state holidays) to any complaint received by DMV.

(2) An Instructor shall not:

(a) Falsify or tamper with any records;

(b) Transfer to or allow any other person to use his or her Instructor Certificate or Instructor Card;

(c) Knowingly assist a person in fraudulently obtaining driving privileges from DMV;

(d) Provide classroom or behind-the-wheel instruction to any student driver who is not enrolled in the School. This subsection does not apply to the Instructor’s immediate family members;

(e) Allow any student driver to operate a motor vehicle without a valid driver license or instruction permit;

(f) Provide behind-the-wheel instruction to any student driver on a driving route specifically used by DMV to test applicants for Oregon driving privileges;

(g) Provide questions and answers that are identical to a DMV knowledge test during classroom training;

(h) Allow any student driver to participate in classroom instruction or behind-the-wheel instruction if the Instructor has reason to believe the student driver is under the influence of an intoxicant;

(i) Provide classroom instruction or behind-the-wheel instruction if the Instructor is under the influence of an intoxicant; or

(j) Act as an Instructor for behind-the-wheel training without a valid Oregon driver license or provide classroom instruction without a valid driver license.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.525 & 822.530

Stats. Implemented: ORS 822.530

Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0100

Commercial Driver Training School Instructor Testing

(1) The knowledge test required by OAR 735-160-0080 for an applicant will consist of questions about:

(a) The Oregon Vehicle Code;

(b) Safe driving practices;

(c) The operation of motor vehicles;

(d) The methods and requirements for instructing student drivers under OAR 735-160-0050; and

(e) The qualification and responsibilities related to being an Instructor under OAR 735-160-0003 through 735-160-0130.

(2) The certification driving test required by OAR 735-160-0080 examines the applicant’s ability to drive consistent with the standards established by ORS 807.070(3) and OAR 735-160-0050.

(3) Each applicant will be given a maximum of three opportunities in one year to pass the knowledge test or the certification drive test in accordance with sections (4) and (5) of this rule.

(4) Applicants, required to pass a certification drive test under OAR 735-160-0080(3), who fail the certification drive test on the first attempt must wait at least seven calendar days before taking a second certification drive test. Individuals who fail the certification drive test on the second attempt must wait 14 calendar days before taking a third certification drive test. Applicants who fail the third certification drive test must wait one year from the date of taking the third certification drive test.

(5) Applicants who fail the knowledge test on the first attempt must wait at least seven calendar days before taking a second knowledge test. Individuals who fail the knowledge test on the second attempt must wait 14 calendar days before taking a third knowledge test. Individuals who fail the third knowledge test must wait one year from the date of taking the third knowledge test.

(6) Applicants must receive a passing score of 85 percent or higher on the written knowledge test described in section (1) of this rule and a passing score of 90 percent or higher on the certification drive test described in section (2) of this rule.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530

Stats. Implemented: ORS 822.530

Hist.: MV 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-052-0015; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0115

Commercial Driver Training School and Instructor Sanctions

(1) DMV will impose sanctions when it determines a School or an Instructor has violated provisions of the Oregon Vehicle Code, or administrative rules promulgated by DMV relating to:

(a) Operating a Commercial Driver Training School; or

(b) Acting as a Commercial Driver Training School Instructor.

(2) DMV will impose a sanction appropriate for the particular violation. In determining an appropriate sanction, DMV may use the matrix outlined in OAR 735-160-0125 as a guideline and may consider the following criteria:

(a) The severity of the violation or its impact on the safety of the public;

(b) The number of similar or related violations;

(c) Whether the violations were willful or intentional; and

(d) The history of prior sanctions imposed by DMV.

(3) DMV will impose sanctions when it determines violations have occurred or are occurring. These may include one or more of the following:

(a) A written warning, including correction notices;

(b) Suspension of the School Certificate and suspension of the right to apply for or renew a School Certificate for up to one year;

(c) Suspension of the Instructor Certificate and suspension of the right to apply for or renew an Instructor Certificate for up to one year;

(d) Revocation of the School Certificate and revocation of the right to apply for or renew a School Certificate for up to five years;

(e) Revocation of the Instructor Certificate and revocation of the right to apply for or renew an Instructor Certificate for up to five years.

(4) DMV may cancel, suspend or revoke a School Certificate or an Instructor Certificate if the School, the Operator or the Instructor fails to maintain the eligibility requirements under ORS 822.500 to 822.535 and these OAR division 160 rules.

(5) An Operator or Instructor whose certificate has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(6) When DMV takes action to suspend, revoke or cancel a School Certificate DMV will send notice to the Operator listed on the School Certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the School’s most current address on record with DMV.

(7) When DMV takes action to suspend, revoke or cancel an Instructor Certificate DMV will send notice to the Instructor listed on the Instructor Certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (for an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the School listed as the Instructor’s current employer. DMV will use the School’s most current address on record with DMV.

(8) Except as provided for in section (9) of this rule, a request for a hearing must be submitted in writing to, and received by, DMV within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation will not go into effect pending the outcome of the hearing, unless the School Certificate is immediately suspended or cancelled.

(9) If the School Certificate is immediately suspended or cancelled as set forth in OAR 735-160-0125, the request for hearing must be submitted in writing to, and received by, DMV within 90 days of the date of the notice of suspension. The suspension or cancellation will remain in effect pending the outcome of the hearing.

(10) Except as provided in OAR 137-003-0528, when no request for a hearing is received by the deadline, the Operator or Instructor has waived the right to a hearing, DMV’s file constitutes the record of the case, and a default order will be issued by DMV.

(11) If a School Certificate or Instructor Certificate is revoked, the Operator or Instructor may reapply for an original certificate after a period of revocation of five years and must meet all the qualifications and requirements for the certificate.

(12) If the School Certificate or Instructor Certificate is cancelled, the Operator or Instructor may reapply for an original certificate when they have met all of the requirements for a certificate and fees are paid in accordance with ORS 822.700.

(13) At the end of a suspension period, DMV will reinstate the School Certificate or Instructor Certificate unless the certificate has expired, or the Operator or Instructor does not comply with the reinstatement requirements or meet the qualification requirements for the certificate. If the certificate is suspended and has been expired for more than one year, the Operator or Instructor must reapply for an original certificate, comply with the reinstatement requirements, meet all the qualifications and requirements for a new School Certificate or Instructor Certificate, and pay fees in accordance with ORS 822.700.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530

Stat. Implemented: ORS 822.515

Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 14-2007, f. & cert. ef. 12-24-07; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0125

Sanctions

DMV adopts the following matrix of sanctions for School Operator and Instructor violations. As used in this rule, an offense will be considered a second or subsequent offense if it occurred within three years from the date the Operator or Instructor was notified in writing of the occurrence of the same or a substantially similar offense in this or another jurisdiction. DMV will not sanction as a second or third/subsequent offense if more than three years have passed from the date of the previous violation for the same or similar offense. [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 814.619, 802.010, 822.515 & 822.530

Stats. Implemented: ORS 822.515 - 822.530

Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13

735-160-0130

Code of Ethics and Rules of Conduct

(1) Each Operator and each Instructor accepts the responsibilities and requirements of the driver training profession. Each Operator and Instructor must adhere to the highest ethical standards of professional conduct.

(2) To fulfill their obligations to the public and to DMV, the Operator and Instructor must:

(a) Recognize that the instruction and training of student drivers is a position of trust;

(b) Exhibit competence and wisdom in conducting professional responsibilities;

(c) Uphold and obey the law, including but not limited to the provisions of the Oregon Vehicle Code; and

(d) Maintain and uphold the highest educational standards possible for instructing and training student drivers.

(3) Rules of Conduct. An Operator and Instructor will not engage in or knowingly allow any owner, officer, agent, director, manager, or employee of a School to engage in any of the following:

(a) Assist or knowingly allow a student driver to fraudulently obtain driving privileges for which the student driver is ineligible or has not qualified;

(b) Discriminate against a student driver because of race, religion, national origin, disability, age, sex, or sexual orientation;

(c) Have sexual contact with, or request sexual contact from, a student driver. For purposes of this section, “sexual contact” 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;

(d) Make sexual advances either verbally or physically or request sexual contact from any student driver, whether directly, indirectly or by innuendo;

(e) Use physical force or a threat of physical force against a student driver, unless such force or threat is necessary to avoid immediate danger to the safety of the student driver, the Operator or Instructor, employees of the School, passengers in a vehicle being used for behind-the-wheel instruction, or the general public;

(f) Possess or use any unlawful controlled substance or intoxicating beverage, or be under the influence of any intoxicating beverages, drugs or controlled substances while training or instruction is being provided to student drivers;

(g) Falsify any document or make a misrepresentation on the application for a School or Instructor Certificate;

(h) Refer any student driver to a particular DMV-certified third-party tester or examiner for DMV testing purposes; or

(i) If also certified as a DMV third party tester or examiner, test an applicant for driving privileges if the applicant was enrolled as a student driver at the School, unless otherwise authorized.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530

Stats. Implemented: ORS 822.530

Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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