Or. Admin. Code § 735-060-0101 - Refusal to Issue a CDL Third Party Examiner Certificate

(1) DMV may not issue a CDL Third Party Examiner Certificate to any individual when DMV determines that:

(a) The Examiner, or the Tester employing the Examiner, has provided any false information to DMV regarding the Examiner;

(b) The person fails to meet any qualification for certification required by these rules; or

(c) Issuance of the certification to a specific person may compromise the integrity of the CDL Third Party Testing Program.

(2) DMV will not issue a CDL Third Party Examiner Certificate if any required information or documentation is missing or incomplete.

(3) If DMV refuses to issue a CDL Third Party Examiner Certificate, the person is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act, ORS 183.413 to 183.500.

(4) A person must submit a request for a hearing in writing within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a CDL Third Party Examiner Certificate, pending the outcome of the hearing.

Notes

Or. Admin. Code § 735-060-0101

DMV 5-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019; DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080

Statutes/Other Implemented: ORS 807.040 & 807.070