Or. Admin. Code § 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 s described in ORS 822.515 and these OAR 735, division 160, rules.

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

(a) A traffic crime. This subsection does not apply if the conviction occurred more than five years preceding the date an application for a 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 to 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.

(f) Any crime relating to the unlawful possession, use, sale, manufacture or distribution of an intoxicant, as defined in Oregon Laws 2023, Chapter 498.

(3) 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of any school in Oregon if a school certificate issued to the operator is currently suspended, revoked, canceled, or withdrawn unless the school certificate is reinstated or is eligible and the operator meets all eligibility requirements of OAR 735-160-0010.

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must not have been the operator of any school in another jurisdiction that has been suspended, revoked, canceled, or withdrawn for the same or a similar offense as described in OAR 735-160-0010(2) within five years preceding the date of application for a school certificate.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

(5) 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.

Notes

Or. Admin. Code § 735-160-0010

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; DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010, 822.500 & 822.515

Statutes/Other Implemented: ORS 822.500 & 822.515