37 Tex. Admin. Code § 16.31 - Third-Party Skills and Knowledge Testing Program
(a) The following words and terms, when used
in this section, shall have the following meanings, unless the context shall
clearly indicate otherwise:
(1) Authorized
organization--An entity that has entered into a Memorandum of Understanding
with the department to administer the knowledge test, skills test, or both for
a commercial driver license on the department's behalf. This is equivalent to a
third party tester in accordance with
49
CFR 383.5.
(2) Examiner--An individual certified by the
department to conduct a knowledge test, skills test, or both. This is
equivalent to a third party examiner in accordance with
49
CFR 383.5.
(3) Knowledge test--Includes any written test
required for a commercial driver license, including the addition or removal of
an endorsement or restriction, excluding the Hazmat test.
(b) An organization is eligible to enter into
a Memorandum of Understanding with the department and to administer a knowledge
test, skills test, or both for a commercial driver license if it:
(1) Complies with
49 CFR
383.75; and
(2) Has been in business or operation in the
State of Texas for at least 365 days prior to the execution of the Memorandum
of Understanding; and
(3) Maintains
at least one permanently occupied structure with a permanent Texas street
mailing address.
(c) An
individual employed by an authorized organization is eligible to become an
examiner and conduct commercial driver license knowledge test, skills tests, or
both if he or she makes application with the department and:
(1) Complies with
49 CFR
384.228; and
(2) For skills testing, holds the equivalent
class of Texas commercial driver license with endorsements to administer like
skills tests; and
(3) Is domiciled
in the State of Texas.
(d) The department may suspend for up to one
year or revoke permanently, an organization's or examiner's authorization to
conduct commercial knowledge testing or skills testing for failure to comply
with any part of:
(1) The Memorandum of
Understanding; or
(2)
49 CFR
383.75; or
(3)
49 CFR
384.228.
(e) Unless an authorized organization is a
governmental agency, the authorized agency must secure and maintain a
continuous security bond in the principal sum of $25,000 per examiner,
underwritten by a company authorized to do business in the State of Texas,
which represents a sufficient amount to pay for re-testing drivers in the event
that the organization or one or more of its examiners are involved in
fraudulent activities related to the knowledge testing or skills testing
conducted by its employees or members. However, the aggregate liability of the
surety for all breaches of the condition of the bond in no event shall exceed
the principal sum of $25,000 per examiner. The surety on any bond may cancel
the bond on giving 30 days' notice in writing to the State of Texas and shall
be relieved of liability for any breach of any conditions of the bond that
occurs after the effective date of cancellation.
Notes
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