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The Oregon Administrative Rules contain OARs filed through April 15, 2013

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DEPARTMENT OF TRANSPORTATION,
TRANSPORTATION SAFETY DIVISION

DIVISION 15

TRAFFIC SAFETY EDUCATION

737-015-0010

Purpose

The purpose of the rules in division 15 is to implement ORS 802.345 by:

(1) Establishing a curriculum for a traffic safety education course under ORS 336.800;

(2) Establishing a procedure to certify that a traffic safety education course meets the curriculum standards;

(3) Establish qualifications for a person to teach a traffic safety education course; and

(4) Establish rules for the administration of ORS 336.805 and 336.810, relating to recordkeeping for and reimbursement and distribution of funds in the Student Driver Training Fund.

737-015-0020

Definitions

As used in division 15 rules, unless the context otherwise requires:

(1) “Approved certification” means any form, sticker, or validation, approved by the Department, that serves as proof of completion of a traffic safety education course.

(2) “Approved provider” is an educational facility or a driving school that provides instruction using a Division-approved curriculum by instructors who have completed a Division-approved instructor course of study:

(a) An educational facility is a public provider; and

(b) A driving school is a private provider. To qualify as an approved provider, the driving school owner, operator or instructor must certify and provide verification annually that an instructor meets all requirements of employment and remains in compliance with OAR 735-160-0003 through 735-160-0130.

(3) “Audits” means the Division’s audits of approved providers performed on-site to review student, curriculum, and instructor records to ensure that the providers are in compliance with OAR 737-015-0010 through 737-015-0110. An audit may include observation of the instructor during behind-the-wheel and classroom instruction.

(4) “Behind-the-wheel” instruction means the portion of the traffic safety education course that requires the student to be located behind the steering wheel of a motor vehicle or simulated vehicle, operating it either in real or simulated traffic situations, through the direct guidance of a driver education instructor.

(a) Four hours of simulation is equal to one hour of behind the wheel instruction.

(b) One hour of operating a motor vehicle is equal to one hour of behind the wheel instruction.

(5) “Classroom instruction” means that portion of traffic safety education instruction that is given in a classroom situation and is not included as a portion of the behind-the-wheel instruction.

(6) “Completing the course” means completing an Oregon Department of Transportation, Transportation Safety Division-approved traffic safety education course.

(7) “Concurrent” means the integration of classroom instruction and behind the wheel instruction. No less than four and no more than 10 hours of classroom instruction will be completed before starting behind-the-wheel instruction. The classroom and behind-the-wheel instruction will be well organized and coordinated.

(8) “Curriculum guide” means a document that describes what the students need to learn and provides a guide for instructors as they prepare for instruction. It is a document that assists traffic safety instructors and district coordinators in meeting the needs of the regulations identified in OAR 737-015-0030.

(9) “Department” or “ODOT” means the Oregon Department of Transportation.

(10) “Division” or “TSD” means the Transportation Safety Division of the Oregon Department of Transportation.

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

(12) “Driving school” means a commercial vendor, owner, operator or instructor who teaches traffic safety education directly to teen drivers and the school is certified by DMV under OAR 735-160-0003 through 735-160-0130, relating to Commercial Driver Training Schools.

(13) “Driving school owner, operator or instructor” means a person who is certified by DMV under OAR 735-160-0003 through 735-160-0130, relating to Commercial Driver Training Schools.

(14) “Driving simulator” means an electromechanical device designed to represent the driver’s compartment of the automobile and with the use of films or video programs attempts to develop judgment, decision-making skills, behavior response, and manipulative skills essential in learning the driving task.

(15) “Dual control” means an additional brake pedal installed as specified by the manufacturer, for use by the traffic safety education instructor to assist in an emergency when a student driver is at the regular controls during behind-the-wheel instruction. Dual controls consist of a foot brake for both the student driver and the instructor, connected either by mechanical or hydraulic means.

(16) “Educational facility” includes any public school district, education service district, community college district, any facility for the deaf operated under ORS 346.010.

(17) “Eligible student” means a student that is at least 15 years of age, who has not reached 18 years of age and has a valid instruction driver permit.

(18) “Hours” means clock hours, not including breaks or other time that does not apply to actual instruction.

(19) “Lesson plan” means a written outline of the content and method of instruction. Required elements are specified in OAR 737-015-0030.

(20) “Practice driving observation” means that portion of traffic safety education instruction given in a dual control vehicle as the instructor observes the student driver and engages the back seat passengers in discussion of the student driver operation of the motor vehicle.

(21) “Public school” means a school district, education service district, community college district, any facility for the deaf operated under ORS 346.010.

(22) “Scope and sequence” means a written outline that provides a framework for the knowledge, skills, driving behaviors and habits that students are expected to acquire in the classroom and behind-the-wheel portion of a traffic safety education program.

(23) “Simulation” means the portion of the behind-the-wheel traffic safety education course given in a driving simulator.

(24) “Traffic safety education” means a course consisting of classroom instruction, practice driving, and in some cases practice driving observation, all devoted to educating teen student drivers in safe and proper driving practices.

(25) “Valid instruction driver permit” means an instruction permit issued by the State of Oregon under ORS 807.280 or an interim driver card issued by the State of Oregon under 807.310 that is in the student’s name and is not expired, canceled, suspended or revoked.

Stat. Auth.: ORS 184.616, 184.619 & 802.345
Stats. Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
Hist.: TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00; TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00; TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07; TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10; TSD 3-2010, f. & cert. ef. 7-30-10

737-015-0030

Curriculum Requirements

(1) Each approved provider must appoint a person responsible for ensuring that all driver education requirements are met and to be the contact person with the Division.

(2) Each approved provider must develop a lesson plan that includes:

(a) The title of the lesson or module to be taught;

(b) Prerequisites;

(d) Performance objectives;

(e) Materials and resources;

(f) Instructor and student activities;

(g) Time breakdown;

(h) Methods of assessment; and

(i) Assignments.

(3) Each approved provider must adopt written policies that include:

(a) Enrollment criteria;

(b) Student fees and refunds;

(d) Minimum and maximum course duration.

(4) Each approved provider must submit in writing, all reportable motor vehicle accidents that involve a driver education motor vehicle to the Division within three working days of the accident.

(5) A traffic safety education program curriculum must include:

(a) A minimum of 30 hours of classroom instruction not exceeding six hours per week or three hours per day that includes:

(A) Instructing students about driving on all types of Oregon roads to enable the student to acquire knowledge about driving techniques and experiences and sharing the road with other highway users such as bicycles, motorcycles, pedestrians, trains, cars, trucks, and rail in a positive and courteous manner;

(B) Driver responsibility of automobile maintenance, fuel efficient driving, potential distractions, safety restraint (belt) use, and legal and moral responsibilities;

(D) Identification and proper use of signs, signals, markings, roadway types and variations such as county, city, expressways, freeways, and interstates;

(E) How to enter, use, and exit different types of intersections;

(F) Basic automobile maneuvers and traffic flow;

(G) Management of time and space using accepted and current practices, including targeting, line of sight/path of travel, model driving habits and reference point concepts;

(H) Defensive driving practices;

(I) Rules of the road;

(J) How the laws of physics and natural laws affect driving;

(K) How physical, emotional, and psychological conditions such as personal attitudinal traits affect driving;

(L) How alcohol and other drugs affect driving; and

(M) Emergency situations and vehicle malfunctions.

(b) A minimum of six hours of behind-the-wheel instruction not exceeding 90 minutes of driving per day per student that includes:

(A) The rules and procedures of operating an automobile;

(B) The visual skills to obtain correct information and make reduced-risk decisions about driving maneuvers;

(D) Pre-drive procedures that include use of vehicle controls, door locks and head restraints, having headlights on at all times and use of safety (belt) restraints;

(E) Basic maneuvers that include starting, stopping, backing, vehicle control, speed control, parking, pulling to and from the curb, right-of-way, and push/pull and hand-over-hand steering;

(F) Complex maneuvers that include entering and exiting an intersection, entering and exiting curves, lane changes, merging, passing, turns in traffic, city driving, and three-point turnabouts; and

(G) Visual skills, including automobile mirror usage, using current and accepted practices, including targeting, line of sight, path of travel, model driving habits, and reference point concepts.

(d) Parent, legal guardian, or supervising adult involvement that includes participating in a parent meeting and submitting documentation, in the form of a log or other means, demonstrating to the provider that a minimum of five hours of supervised home practice was conducted prior to the completion of the course. This supervised home practice is not counted as a part of the classroom, behind-the-wheel, and practice driving observation of the provider course.

(e) A skill assessment for each student driver that covers, at a minimum:

(A) Positioning a vehicle based on visual referencing skills, space management, fender judgment and road position control;

(B) Procedures and sequencing for vehicle operations from the simple to the complex skill based on vehicle operation control, vehicle maneuvering, vehicle control options, and vehicle balance;

(C) Processing traffic and vehicle information into speed and position changes based on visual skills, space management, vehicle speed control, and control of the road; and

(D) Precision movements for maintaining vehicle control and balance in expected and unexpected situations based on vehicle speed control, vehicle balance, collision avoidance, traction control, response to mechanical failures and traction loss.

(6) A traffic safety education curriculum guide shall be approved by ODOT-TSD prior to program implementation. The guide must be reviewed and updated every three years thereafter from the initial approval date. The guide shall be available for review by ODOT-TSD on request. A curriculum guide shall include the following elements:

(a) Philosophy;

(b) Goals and objectives;

(d) Major instructional activities;

(e) Suggested teaching strategies;

(f) Lists of available materials and resources;

(g) Procedures for student and program evaluation;

(h) A written lesson plan with a coordinated flow chart for each classroom and behind-the-wheel session; and

(i) A written drive route that supports each behind-the-wheel lesson plan with specific driving behaviors to be practiced, directions and strategies to improve student performance and habit development. The drive route cannot duplicate the DMV drive test route.

(7) Classroom and behind-the-wheel instructions and practice driving observation must be offered concurrently. Behind-the-wheel instruction and practice driving observation of a particular skill or behavior may not precede the classroom instruction of that same skill or behavior.

(8) No program will be completed in less than 35 days and no more than 180 days. An extension beyond the 180 days may be provided if there is compelling reason dealing with school, family or medical circumstances and has been agreed upon with provider and student before the completion of the course.

(9) At the end of each program, the provider will issue a Department approved certification to each student that successfully completes the traffic safety education course.

(10) Exception -- The classroom portion of a driver education program, required under section (5)(a) of this rule, offered from June through August may be conducted over a shorter period of time and for longer hours. The classroom instruction must be conducted over no less than a three-week period with no more than 10 hours of classroom instruction per week, not exceeding three hours per day. In no case shall the student complete the course in fewer than 35 days.

(11)(a) Waivers -- Waivers may be requested by the approved provider as follows:

(b) A waiver of the minimum of six hours of practice driving observation, required under section (5)(c) of this rule, may be requested from the Division Administrator or his or her designee if a particular student and his or her parent, legal guardian or supervising adult requests that the student be given one-on-one instruction.

(12) A waiver request under section (11) of this rule must include:

(a) A compelling reason for the request;

(b) Why granting such a waiver will not adversely affect the learning of the participating student(s); and

737-015-0050

Instructional Materials and Equipment

(1) Current traffic safety education instructional materials shall be provided for each student enrolled for classroom instruction, and shall be available to students during the classroom and behind-the-wheel instruction.

(2) Any motor vehicle used by an approved provider, for the behind-the-wheel instruction portion of a traffic safety education course shall:

(a) Be equipped with a dual control;

(b) Be maintained in good mechanical condition;

(d) Be equipped with approved seat belts for the student driver, the instructor and any observing passengers;

(e) Be equipped with a functional heater and defroster;

(f) Be equipped with the following emergency equipment: a fire extinguisher; first aid kit in compliance with OR-OSHA Bloodborn Pathogens Standards; and three flares or three approved reflectors;

(g) Be clearly identified with an appropriate sign or signs stating: "Student Driver" or "Dual Control Car, Driver Education" or "Driver Education Car." Such identification must be clearly visible and readable to pedestrians and other traffic;

(h) Be properly registered in Oregon or an adjacent state;

(i) Be covered by insurance as required by the state of Oregon; and

(j) Be equipped with at least the following mirrors:

(A) One mirror on each side of the vehicle, mounted either inside or out, for the use of the instructor and the student while properly seated;

(B) A rear view mirror for the use of the driver; and

(D) An instructor rear view mirror.

(3) Headlights must be in use at all times -- low or high beam, as appropriate -- during behind-the-wheel instruction.

Stat. Auth.: ORS 184.616, 184.619 & 802.345
Stats. Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
Hist.: TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00; TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00; TSS 2-2001, f. & cert. ef. 8-13-01; TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07

737-015-0060

Use of Driving Simulators

(1) Not more than one-half of the required hours specified for behind-the-wheel instruction may be given by means of a driving simulator, in accordance with the ratio for driving simulator to behind-the-wheel instruction found in OAR 737-015-0020(4)

(2) Driving simulator instruction may not precede classroom instruction. If offered, simulation must be offered concurrently with classroom instruction beginning September 1, 2008.

(3) An instructor must complete a workshop in driving simulation operation and application before providing instructions on the driving simulator.

(4) Documentation of the completed workshop must be kept in the instructor's file.

737-015-0070

Qualifications of an Approved ODOT-TSD Traffic Safety Education Instructor

All of the following qualifications apply to a traffic safety education instructor:

(1) A traffic safety education course instructor must meet all requirements of his or her employer.

(2) A person assigned to provide classroom or behind-the-wheel driving instruction, for the traffic safety education course must certify and provide verification annually to his or her employer that the person holds a valid Oregon driver license or a license issued by a state adjacent to Oregon, if the person is a legal resident of that state. This person must provide a five-year certified court print abstract to the employing provider showing:

(a) Not more than one driver improvement violation within the preceding 12 months or more than two driver improvement violations in the preceding 24 months;

(b) No alcohol or drug related traffic violation, conviction or infraction within the preceding five years; or

(3) A person assigned to provide traffic safety education classroom instruction must certify and provide verification annually to his or her employer that they have previously completed a Division-approved course of study for Foundations of traffic safety education and completed the Division-approved classroom course.

(4) A person assigned to provide only traffic safety education behind-the-wheel instruction must certify and provide verification annually to his or her employer that they have previously completed the Division-approved Foundations course and the Division-approved course of study for behind-the-wheel instructor preparation, including an in-car practicum with beginning drivers.

(5) An instructor must have a current first aid/CPR Certification.

(6) An instructor must be re-certified every two years. To qualify, the instructor must, during the previous two years:

(a) Participate in 15 hours of continuing education to improve driver education teaching competency. This professional development training may be obtained through a state agency, college or university or professional education organization. Professional development hours will be accepted for the purpose of enhancing instructional knowledge and skills in support of teaching driver education best practices. Every instructor must maintain a professional development file that includes the agenda, objectives, time schedule and completion certificates for the continuing education;

(b) Provide a minimum of 30 hours of classroom, behind-the-wheel or simulator instruction in a Division-approved program during the re-certification period; and

(7) A waiver, of the coursework required under section (4) of this rule for behind-the-wheel instruction, may be granted for up to one year by the Division Manager or his or her designee. This person must have prior advanced driver training and must verify successful completion of the required courses for driver education certification.

(8) A certified teacher, unable to complete the coursework as required under section (3) of this rule, may be granted a one-year waiver by the Division Manager or his or her designee, if the person verifies successful completion of the required courses for driver education certification.

(9) An applicant will be refused approval to provide traffic safety education or a current approval will be suspended or revoked if the applicant or instructor has his or her driver license or privilege suspended or revoked or canceled for any reason or is involved in the DMV Driver Improvement Program or has exceeded two driver improvement violations in a two-year period or has any alcohol or drug related traffic violation, conviction or infraction.

(10) Approval to provide traffic safety education may be granted upon reapplication when the traffic safety education instructor's driver license or privilege in Oregon has been reinstated in full for three years or one year has passed since the last Driver Improvement Program entry on the driving record or five years have passed since an alcohol or drug related traffic violation, conviction or infraction.

(11) Opportunities for reinstatement and appeal are available according to provisions equivalent to those specified in ORS 342.175(4) and 342.180.

Stat. Auth.: ORS 184.616, 184.619 & 802.345
Stats. Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
Hist.: TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00; Administrative correction 2-17-00; TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00; TSS 1-2001(Temp), f. & cert. ef. 6-14-01 thru 12-10-01; TSS 2-2001, f. & cert. ef. 8-13-01; TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07

737-015-0090

Recordkeeping

(1) To ensure accurate recording and reporting, an approved provider must complete and return all required traffic safety education course recording and reporting forms supplied by the Division before or on the required dates.

(2) The approved provider must maintain the following records:

(a) A record for each student who begins, regardless of whether or not the student completes, a traffic safety education course including:

(A) The dates the course was taken;

(B) The final grade achieved, if course is completed;

(D) The student’s mailing address;

(E) The student’s progress;

(F) A record of home practice;

(G) Time involvement;

(H) Evaluation results; and

(I) Attendance -- classroom and behind-the-wheel start and end times and dates.

(b) A record for all instructors, including current and past instructors, who have conducted the classroom or behind-the-wheel portion of a traffic safety course including documentation showing compliance with 737-015-0070(2) through 737-015-0070(6) during the period of time the instructor taught.

(d) A copy of all accident reports for reportable accidents relating to a driver education motor vehicle owned or operated by the approved provider.

(e) A copy of written policies and procedures required by OAR 737-015-0030 and ORS 336.805.

(f) Record of the tuition charged a student.

(g) Expenditure and reimbursement records that support the request for reimbursement as provided by ORS 336.805 and as required by OAR 737-015-0100(8).

(3) Approved providers’ records must be retained for five years for instructors and 10 years for all other program records.

737-015-0100

Reimbursement for Traffic Safety Education Courses

(1) The ODOT-TSD will reimburse approved providers for traffic safety education courses that meet the requirements of OAR 737-015-0010 through 737-015-0110.

(2) Approved public providers amount of reimbursement shall not be greater than the net cost of conducting the course, nor shall it exceed $210 per pupil completing the course. In no case shall the public provider receive more than its eligible expenses less tuition received.

(3) Approved private providers amount of reimbursement shall not be greater than the net actual cost of conducting the course, plus a profit of not more than 12% of the net actual cost of conducting the course, unless under contract to a public provider; but in no event shall it exceed $210 per pupil completing the course.

(4) If funds available to the ODOT-TSD for the Student Driver Training Fund are not adequate to pay all approved claims in full, approved providers will receive a pro rata reimbursement based upon the ratio of the total amount of funds available to the total amount of funds required for maximum allowable reimbursement. Calculation for pro rata reimbursement will be as follows: the total amount of funds available in the Student Driver Training Fund will be divided by the statewide total number of students eligible for reimbursement. This calculation will generate a prorated per student amount. Each approved provider’s reimbursement will be determined by multiplying the prorated amount times the number of eligible students claimed by the approved provider.

(5) Claims received after the published deadline will not be considered for reimbursement at any time.

(6) Accurate and complete records of the cost of conducting a traffic safety education course must be kept in accordance with generally accepted accounting principles, and reports must be submitted to the ODOT-TSD by each approved provider seeking reimbursement on Division-approved reimbursement forms. All student fees must be received by the approved provider seeking reimbursement.

(7) Distribution of funds available in the Student Driver Training Fund shall be made no more than once a month by the ODOT-TSD Administrator based on the reimbursement form submitted by the approved provider.

(8) The ODOT-TSD will reimburse costs of traffic safety education courses that comply with OAR 737-015-0010 to 737-015-0110.

(9) Approved providers shall receive reimbursement only for eligible students who have completed the traffic safety education course prior to issuance of their Oregon provisional driver license and who have not reached the age of 18.

Stat. Auth.: ORS 184.616, 184.619 & 802.345
Stats. Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065
Hist.: TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00; TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00; TSS 2-2001, f. & cert. ef. 8-13-01; TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07; TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10; TSD 3-2010, f. & cert. ef. 7-30-10

737-015-0110

Audits and Investigation

(1) The ODOT-TSD may periodically audit all approved providers to determine compliance with laws and rules pertaining to the operation of the approved provider’s program and instructor certification requirements. Approved providers must allow the ODOT-TSD to conduct audits with prior notice during regular school or business hours.

(a) Periodic audits may include examination of:

(A) Student driver records for which division approved driver training was conducted by the provider regardless of whether the student driver completed or failed to complete the school’s driver training program;

(B) Qualifications of traffic safety instructors;

(C) Other items the ODOT-TSD deems necessary such as classroom and behind-the-wheel instructor observations, vehicle equipment, vehicles and instructional materials; and

(D) Financial and fiscal information used to determine the reimbursable costs and profit as outlined in 737-015-0100.

(b) Refusal to permit an audit will result in notice from the ODOT-TSD requiring the provider to cease and desist from classroom and behind-the-wheel instruction and the use of the ODOT-TSD-approved completion seal.

(c) An ODOT-TSD representative will prepare a written report of each audit. A copy of the ODOT-TSD representative’s report, including any corrective action, will be sent to the provider.

(d) Approved providers must correct any deficiency identified by an ODOT-TSD inspector during an on-site audit within 30 calendar days of the date of the audit. A corrective action report must be provided to the ODOT-TSD. If not corrected, approved providers will not be eligible for reimbursement. When non-compliance of rules continues the ODOT-TSD may revoke or cancel recognition of the provider and notify DMV.

(2) The ODOT-TSD may investigate any complaint it receives about an approved provider or instructor. The authorized provider or provider’s employees must cooperate with the ODOT-TSD during the investigation. If requested by the ODOT-TSD, the approved provider must provide a written response to the complaint within 10 working days by either mail or facsimile from the date the ODOT-TSD notifies the provider of the complaint. The ODOT-TSD must prepare a written report of each investigation. A copy of the ODOT-TSD report, including any corrective action, will be sent to the provider. If not corrected, approved providers will not be eligible for reimbursement. When non-compliance of rules continues the ODOT-TSD may revoke or cancel recognition of the provider and notify DMV.

(3) The ODOT-TSD may revoke its approval of a provider or instructor upon providing five days advance notice when ODOT-TSD determines, through an audit or investigation, that the safety of students or members of the general public is being endangered because of unsafe practices or use of unsafe equipment.

(4) An approved provider or instructor whose approval 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.

(5) When ODOT-TSD takes action to suspend, revoke or cancel an approved provider ODOT-TSD will send notice to the approved provider or instructor listed. 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 current address on record with ODOT-TSD.

(6) When ODOT-TSD takes action to suspend, revoke or cancel an instructor approval ODOT-TSD will send notice to the instructor listed on the Instructor Report. 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 current school address on record with ODOT-TSD.

(7) Except as provided for in section (9) of this rule, a request for a hearing must be submitted in writing to, and received by, ODOT-TSD 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 approval is immediately suspended or cancelled.

(8) If the approval is immediately suspended or cancelled as set forth in section (6) and (7) of this rule, the request for hearing shall be submitted in writing to, and received by, ODOT-TSD within 90 days of the date of notice of suspension. The suspension or cancellation shall remain in effect pending the outcome of the hearing.

(9) Except as provided in OAR 137-003-0003, when no request for a hearing is received by the deadline, the approved provider or instructor has waived the right to a hearing, ODOT-TSD’s file shall constitute the record of the case, and a default order shall be issued by ODOT-TSD.

(10) If a provider or instructor approval has been revoked, the provider or instructor may reapply after a period of revocation of five years and must meet all the requirements for approval.

(11) If the provider or instructor approval is cancelled, the provider or instructor may reapply when they have met all of the requirements.

(12) At the end of a suspension period, ODOT-TSD will reinstate the provider or instructor approval unless the provider or instructor does not meet the qualification requirements for the approval. If the approval has expired, the provider or instructor must reapply and must meet all the requirements for new certification.

Stat. Auth.: ORS 184.616, 184.619, 802.345
Stats. Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345, 807.065
Hist.: TSD 1-2007, f. 3-26-07, cert. ef. 4-1-07; TSD 2-2010(Temp), f. & cert. ef. 2-25-10 thru 8-20-10; TSD 3-2010, f. & cert. ef. 7-30-10

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Oregon State Archives

DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION

DEPARTMENT OF TRANSPORTATION,
TRANSPORTATION SAFETY DIVISION