Or. Admin. Code § 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 during DMV's normal business hours, Monday through Friday, 8 am to
5pm. 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
735-160-0115.
(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
provide a copy of the response to DMV by regular mail or email 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.
Notes
Statutory/Other Authority: ORS 184.619, 802.010 & 822.515
Statutes/Other Implemented: ORS 822.515
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