SECTION 595:10-13-4. Requirements and application for certification as a parent-taught driver education course; certification renewal

(a)   Requirements and application for certification. To be certified as a parent-taught driver education provider, an individual, organization, company, or other entity must meet the following requirements:

(1)   Have offered parent-taught driver education, for the previous two years, or have been a licensed driver education instructor or commercial driving school instructor for five years immediately preceding the application date.

(2)   Submit an application to the Department on a form prescribed by the Department [See 595:10-13-8(a) regarding the application form].

(3)   Must furnish the Department with curriculum which should meet or exceed the course of study prescribed in 595:10-13-6. If the applicant is approved and certified by the Department as a parent-taught driver education provider, the curriculum may not be changed in any manner without prior inspection and approval from the Department.

(4)   Must furnish the Department with the complete costs to be charged to a customer for the course, along with a blank copy of the contract or application intended for use with the course. If the applicant is approved and certified by the Department as a parent-taught driver education provider, no changes in costs or to the contract shall be made without prior notification to and approval and certification by the Department.

(5)   Must have a built-in comprehensive monitoring system to assure quality control of the instruction of course materials, both classroom and behind the wheel instruction. The term "comprehensive monitoring program" means a system of monitoring the progress of the instruction by the parent instructor so that the provider can certify the validity of the training.

(6)   Agree to meet all requirements in subsection (b).

(b)   Certification and requirements of parent-taught driver education providers. All Parent-taught driver education providers approved and certified by the Department shall, upon certification and during the period of certification:

(1)   Include with the course, at no additional cost to the customer, a minimum of a Two Million Dollar ($2,000,000.00) (aggregate amount) liability insurance policy, and a One Million Dollar ($1,000,000.00) professional liability insurance policy. The provider shall agree to hold harmless and free from any liability the Department, any of the Department's employees, and the State of Oklahoma. The policy shall be unexpired, and a renewal or replacement policy shall be in place before the current policy expires.

(2)   Maintain a surety bond, specifically and individually in the name of the State of Oklahoma, in the amount of $10,000. In the event the provider is unable to meet its contractual obligations with Oklahoma parents who have purchased a parent-taught driver education course from the provider, the bond will be forfeited for the purpose of disbursing reimbursements for all outstanding contracts of the provider which were entered into in Oklahoma as a result of this Subchapter. The bond shall be unexpired, and a renewal or replacement bond shall be in place before the current bond expires.

(3)   Furnish the Department, at times and in a manner agreed to by the Department and the provider with a listing of all approved applications, whether the course is completed or not.

(4)   Provide the student with a receipt of purchase to be included with the packet sent to the student, and a completion certificate, bearing the seal of the provider, upon successful completion of the course by the student.

(5)   Maintain all records received from students and parents pertaining to this Subchapter, including, but not limited to, correspondence, applications, contracts, and test answer sheets. All records shall be segregated by individual student, and all records for each student shall be maintained by the provider for at least one (1) year.

(6)   Agree to:

(A)   Allow access by the Department to all records maintained by the provider for each student, for purposes of monitoring and auditing.

(B)   Ensure that no behind-the-wheel instruction is recognized if the student fails to first obtain an instruction permit from the Department.

(C)   Provide immediate written notification to the Division of any impropriety or misconduct of any parent teaching a parent-taught driver education course.

(D)   Acknowledge that the Department reserves the right to take prompt and appropriate remedial action against any parent instructor or parent-taught driver education provider who fails to comply with any state law or rule regarding a parent-taught driver education course.

(E)   Maintain curriculum meeting the standards established by the Department [see 595:10-13-6 regarding curriculum].

(F)   Allow a Department representative to conduct on-site compliance inspections, as necessary, to review records and to observe procedures. All records must be accessible during normal business hours of the parent-taught driver education provider for inspection upon request by a Department representative.

(G)   Ensure that the affidavit required by OAC 595:10-13-5 has been approved prior to instruction.

(c)   No renewal of certification is required. Certification by the Department is issued to a provider with the understanding that no renewal of the certification is required. However, the Department may cancel the certification as provided in OAC 595:10-13-9.

(d)   Changes to certified information. The provider shall notify the Department immediately, in writing, of any changes to the information on the original application for certification. The provider shall temporarily suspend the sale of courses to any new applicants until the Department has approved the changes. If a change of ownership occurs, the Department reserves the right to request the provider to halt all future business in Oklahoma as a parent-taught driver education provider and to reapply for certification.

(e)   Solicitation and advertising. Any provider approved and certified by the Department may advertise and solicit business for its course in Oklahoma. The phrase "Certified by the Department of Public Safety, State of Oklahoma" must be included in any printed matter. However, at no time shall the provider state or imply that the course offered by the provider is recommended by the Division, the Department, any employee of the Department, or the state of Oklahoma.

[Source: Added at 19 Ok Reg 673, eff 12-27-01 through 7-14-02 (emergency); Added at 20 Ok Reg 2701, eff 8-15-03; Amended at 21 Ok Reg 2999, eff 7-25-04; Amended at 28 Ok Reg 2068, eff 7-15-11]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of Section 595:10-13-4 was no longer effective, and remained as such until added by permanent action on 8-15-03.