[Comment: For dates and availability of material incorporated
by reference in this rule, see paragraph (A) in rule
4501-7-39 of the Administrative
Code.]
(A) Any person connected in any
manner with a driver training enterprise, including but not limited to an
owner, partner, training manager, instructor, online instructor, or authorizing
official, shall be of good character and reputation.
(B) The conviction of any persons of any
felony or any misdemeanor, other than a minor
misdemeanor, which is reasonably related to a person's ability to serve safely
and honestly in connection with a driver training enterprise,
disqualifying offense shall be grounds to deny issuing
or renewing a license or grounds for suspending or revoking a previously issued
license.
(C) Every person connected
in any manner with a driver training enterprise, including but not limited to
an owner, partner, training manager, office manager, instructor, online
instructor, or authorizing official, shall comply with all applicable state and
federal laws which prohibit discrimination based upon race, color, national
origin, sex, age, handicap, disability, ancestry or religion.
(D) The director may deny the issuance of a
license to any person if the person applying for a license has had a driver
training school, training manager, online instructor, or instructor license
revoked or denied within the five years immediately preceding the current
filing for an application.
After the five-year revocation period has lapsed, any training
manager, online instructor, or instructor whose license has been revoked may
apply for a license by following the training procedure set forth in rule
4501-7-05 of the Administrative
Code. Granting of a license shall be based upon successful completion of the
training procedure including an appropriate course approved by the director and
no further violations of Chapter 4507. or Chapter 4508. of the Revised Code or
the rules amplifying those chapters.
(E) No training manager or authorizing
official shall knowingly permit any training manager, online instructor, or
instructor of the enterprise who is
not
physically or mentally
unfit
sound to be in contact with students.
(1) Any person who applies for or holds a
driver training instructor's, online instructor's, authorizing official's
school, or training manager's license shall submit to an examination of that
person's physical or mental fitness when the director or the school's training
manager or enterprise's authorizing official has evidence to believe the
instructor, official, or manager may not be mentally or physically fit to
instruct students or operate a motor vehicle.
(2) Any person who applies for or holds a
driver training instructor's, online instructor's, or training manager's
license shall notify the authorizing official of any driver training enterprise
with which the person is affiliated of any injury, any physical or mental
impairment, or any drug or medicine the person is taking that gives good cause
to believe such injury, impairment, drug or medicine may affect that
instructor's or manager's ability to drive or to effectively and safely
instruct students or manage training.
(3) The authorizing official is
responsible for maintaining records for an online instructor, a training
manager and/or instructor's behavioral problem(s) that give good cause for the
belief that the online instructor, training manager and/ or instructor could be
physically or mentally unfit to perform their duties. The authorizing official
is also responsible for maintaining records of disciplinary actions taken to
correct such behavior in the instructor's file.
(F)
Except for online instructors,
Class "D" instructors and training managers shall
provide
an annual
a completed "Driver Training Personnel Physical
Examination" to the authorizing official of the driver training enterprise
every two years.
CDL
instructors and training managers shall provide a physical exam to the
authorizing official that is compliant with paragraph (D)(9) of rule
4501-7-05 of the Administrative
Code every two years.
The authorizing official
shall maintain the "Driver Training Personnel Physical Examination" in each
instructor's and training manager's personnel file. The authorizing official
shall make these records available for inspection upon request of the
director.
Notes
Ohio Admin. Code
4501-7-03
Effective:
5/1/2022
Five Year Review (FYR) Dates:
2/4/2022 and
04/01/2027
Promulgated
Under: 119.03
Statutory
Authority: 4508.02
Rule
Amplifies: 4508.02,
4508.03,
4508.04
Prior
Effective Dates: 01/07/1967, 03/01/1976, 12/01/1980, 02/29/1988, 12/21/1991,
07/01/1997, 10/04/2001, 10/08/2009, 10/10/2013, 12/06/2014,
07/01/2016
