Or. Admin. Code § 737-015-0110 - Inspection and Investigation

(1) As used in this rule, "Inspection" means the Division's inspections of approved providers performed on-site to ensure that providers are in compliance with OAR 737-015-0010 through 737-015-0130.

(2) ODOT-TSO may periodically inspect 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 make all elements of the program available for inspection by a TSO inspector. Inspections will be scheduled with prior notice.

(a) Inspections 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 course;

(B) Qualifications of current or former instructors;

(C) Curriculum, written policies and all records or items ODOT-TSO deems necessary to ensure that the program is complying with all applicable provisions of law, 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 and 737-015-0105.

(b) A provider must assure that all requested equipment, materials, records, vehicles and other program elements are available to the inspector.

(c) A provider must gather all records at the location of the inspection. Exceptions must be requested in advance and may be granted on a case-by-case basis.

(d) Records that are unavailable at the time of inspection must be delivered to ODOT-TSO within 10 days.

(3) ODOT-TSO may copy or require the facility to submit copies of any program materials, records, or information.

(4) A sanction may be imposed on a provider that does not fully cooperate with an inspection.

(5) An ODOT-TSO representative will prepare a written report of each inspection. A copy of the ODOT-TSO representative's report, including required corrective action, will be sent to the provider.

(6) Approved providers must correct any deficiency identified by an ODOT-TSO inspector during an on-site inspection within 30 calendar days of the date of the inspection. Until a corrective action report is received by ODOT-TSO, approved providers may not be eligible for reimbursement. When non-compliance of rules continues beyond 30 days, sanctions may be imposed pursuant to OAR 737-015-0120.

(7) ODOT-TSO may conduct re-inspection for the purpose of reviewing corrections, with or without prior notice.

(8) ODOT-TSO may investigate any complaint it receives about an approved provider or instructor. The authorized provider or provider's employees must cooperate with ODOT-TSO during the investigation. If requested by ODOT-TSO, the approved provider must provide a written response to the complaint within 10 working days by either mail or facsimile from the date ODOT-TSO notifies the provider of the complaint. ODOT-TSO will prepare a written report of each investigation.

(a) A copy of the ODOT-TSO report, including any corrective action or sanction, will be sent to the provider.

(b) The provider must correct any deficiencies identified during the investigation and provide ODOT-TSO with a detailed corrective action report addressing each deficiency within timelines set by ODOT-TSO.

(c) When a complete corrective action report has not been received within the required timeline or non-compliance of rules continues a sanction may be imposed pursuant to OAR 737-015-0120.

Notes

Or. Admin. Code § 737-015-0110

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; TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14; TSD 17-2021, minor correction filed 07/29/2021, effective 7/29/2021

Statutory/Other Authority: ORS 184.616, 184.619 & 802.345

Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065