Utah Admin. Code R708-2-4 - Commercial Driver Training School and Testing Only School Licenses

(1) Each corporation, partnership or person who owns a commercial driver training school shall obtain a commercial driver training school license from the division.

(2) Each corporation, partnership or person who owns a testing only school shall obtain a testing only school license from the division.

(3) An application for an original or renewal school license or a branch office shall be:

(a) submitted on a form provided by the division and signed by:

(i) the owner of the school;

(ii) each partner in the case of a partnership; and

(iii) an officer of the corporation in the case of a corporation; and

(b) accompanied by:

(i) a business license issued by the municipality or county that the school is located;

(ii) samples of each form and receipt to be used by the school;

(iii) a copy of the curriculum to be used by the school if it is a commercial driver training school;

(iv) a schedule of fees for each service to be performed by the school;

(v) a certificate of insurance with an insurance company authorized to do business in the state for each vehicle used for driver training or testing purposes that reflects the minimum insurance coverage as required under Section 31A-22-304;

(vi) a copy of each test, including answers and copies of translations used by the school, that the school requires for a student to satisfactorily complete the driver training course, which are subject to approval of the division;

(vii) evidence that a surety bond has been obtained by the school in compliance with Section R708-2-5; and

(viii) a certified copy of a certificate of incorporation as required in the case of a corporation.

(4) An application for an original school license shall be accompanied by:

(a) a fingerprint card for each applicant, partner, or corporate officer for a criminal background check; and

(b) payment for the cost associated with each criminal background check.

(5) Fees for a school license or branch office license application and renewal:

(a) are established in accordance with Section 63J-1-504;

(b) can be found online at the Driver License Division's website;

(c) shall be payable to the Department of Public Safety; and

(d) are non-refundable.

(6) Each school and branch office shall be inspected by a division representative before it may be licensed.

(7) A commercial driver training school shall maintain a classroom facility in the school office location and in each commercial driver training school branch office. Each classroom shall be equipped with:

(a) seating for each student;

(b) access to sanitary facilities; and

(c) appropriate training aids such as, blackboards, charts, and projectors.

(8) Classroom facilities and buildings shall comply with federal, state, and local building, fire, safety and health codes.

(9) A testing only school or testing only branch office:

(a) is not required to maintain a classroom facility; and

(b) shall maintain a designated office area to retain required files and records.

(10) A school license expires one year from the date of issuance or renewal.

(11) A school license is only valid for use in connection with the school listed on the license, and may not be transferred to another school or another person.

(12) Each branch office or classroom facility in a location other than the school's principal place of business shall be separately licensed. A branch office shall meet the same requirements as the commercial driver training school's principal place of business and shall be similarly equipped and perform substantially the same services.

(13) When any commercial driver training school or branch office is discontinued, the school or branch office license shall be surrendered to the division within five days. The licensee shall state in writing the reason for the surrender.

(14) Before becoming licensed, each commercial driver training school shall employ a licensed operator to operate the commercial driver training school and each branch office. The current licensed operator shall be identified on the application maintained by the division for each commercial driver training school or branch office. A single operator may operate multiple branch offices of the same school. When the operator discontinues employment with the commercial driver training school, a new operator shall be employed before continuation of operations and the operations of any branch offices where the individual has been identified as the operator.

(15) A school shall be responsible for sponsoring and supervising instructors employed by the school.

(16) A school shall not knowingly employ an instructor if the instructor has been convicted of, or there are reasonable grounds to believe that the instructor has committed, a felony or a crime of moral turpitude.

(17) Schools or branch offices owned by separate individuals and owned under different school names may not operate from the same facility or office space. A clear separation of the schools shall be identified, and each school shall comply with standards set forth in this rule.

(18) A testing only school may not be located in a building that is occupied by a commercial driver training school.

(19) A school or branch office may not change its place of business or location without prior approval from the division.

(20) Each school or classroom facility shall post signs to identify the school by name as the school is listed on the school certification.

(21) School and business licenses must be conspicuously displayed in the licensee's principal place of business and branch offices.

(22) A duplicate school license may be issued if the license is lost or destroyed following submittal to the division of:

(a) a written statement setting forth the date the school license was lost or destroyed and the surrounding circumstances; and

(b) payment of a duplicate license fee.

Notes

Utah Admin. Code R708-2-4

Adopted by Utah State Bulletin Number 2021-24, effective 12/9/2021