SECTION 595:10-11-14. Prohibited acts; conduct  


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  • (a)   Prohibited acts. A designated examiner shall not:
    (1)   use or permit to be used any form of alcoholic beverage or drugs in or about the examination route, or in any motor vehicle being used for the purpose of administering an examination,
    (2)   administer an examination to any driver license applicant with a physical disability,
    (3)   administer an examination on the same route on which the applicant was trained, or
    (4)   administer an examination to any applicant:
    (A)   who does not have a valid Oklahoma learner permit, or
    (B)   who does not fill out an Oklahoma skills examination application (DL-18-DE) issued by the Department of Public Safety,
    (5)   administer an examination to any applicant related by consanguinity (by blood relation) or affinity (by marriage) within the third degree,
    (6)   administer an examination to any applicant who has previously been a student of the designated examiner for any of the required six (6) hours of behind-the-wheel instruction in his or her capacity as a driver education instructor; provided, this paragraph shall not be construed to allow an examiner to give the applicant a practice examination or pre-examination instruction,
    (7)   accept any present or favor from an applicant or any other person who has or may have an interest in the outcome of an examination, or accept any employment which represents a conflict of interest to the examination process,
    (8)   use the designated examiner position for any personal advantage, or
    (9)   commit or omit any act which constitutes a violation of any of the rules of this subchapter or the laws of this state governing designated examiner certification.
    (b)   Conduct. A designated examiner shall:
    (1)   Recognize that his or her position is of the highest public trust and that, on the wisdom of his or her decision, the lives of many people daily depend,
    (2)   Impartially administer all official duties without regard to race, creed, position, or influence, according no applicant more reasonable treatment than any other,
    (3)   Conduct each examination in a manner which reflects:
    (A)   its importance to society,
    (B)   its seriousness to the individual, and
    (C)   the unquestioned competence of the examiner,
    (4)   Exercise only such legal authority as has been duly vested in the position of a designated driver examiner, and
    (5)   Fully appreciate and fulfill the responsibilities of his or her certification in order to strengthen public confidence in driver license examinations.
[Source: Added at 17 Ok Reg 3029, eff 8-15-00; Amended at 20 Ok Reg 2701, eff 8-15-03; Amended at 21 Ok Reg 2999, eff 7-25-04; Revoked at 24 Ok Reg 2751, eff 8-15-07; Added at 30 Ok Reg 204, eff 12-5-12 (emergency); Added at 30 Ok Reg 2025, eff 7-25-13]