tester may not administer a test to a student who:
(a) took the driver training course at the
same school the tester is employed as an instructor; or
(b) took the driver training course at a
school that is owned completely or partially by an individual or individuals
who have any ownership in the school the tester is employed as an
student who fails the test given by a tester may:
(a) apply to the same tester for additional
(b) apply to a different
tester for additional testing; or
(c) take the test at a division
(3) A tester may
not make any changes to a testing route without earlier written approval by the
(4) A tester shall not
employ an employee of the division as a tester.
(5) A tester shall not use or do anything
that may distract their attention away from the test. For example, use of
phones or other electronic devices.
(6) A tester may not test an individual who
has been required by the division to take a driver review exam.
(7) A tester may not test an individual who
has been required by the division to take additional hours of driving
The tester shall
administer at least ten tests per calendar year. If the tester fails to meet
the division will cancel
the tester license in accordance with Section
(b) the tester must return any unused test
following cancellation of certification shall consist of completing an approved
training plan and completing an application for a new certification outlined in
(9) A tester may not test an
individual who has previously taken a test on the same day.
Before administering a test, the tester
(a) screen the student's learner permit
or receipt for medical or visual restrictions; and
(b) verify that the student is in compliance
with any restrictions.