SECTION 595:11-5-15. Prohibited acts; conduct

(a)   Certified schools - prohibited acts. A certified school shall not:

(1)   permit to be used any form of alcoholic beverage or drugs in, on or about the school premises, including the examination route, or in any commercial motor vehicle being used for the purpose of administering a skills examination,

(2)   require or permit the administration of an examination to any commercial driver license applicant with any physical handicap. The third-party examiner shall direct these individuals to a Department Examiner.

(3)   require or permit the administration of an examination to any person who has not enrolled in and successfully completed a course at the school, as submitted to and approved by the Department. The third party examiner shall not administer the skills test to applicants he or she has instructed in the classroom and/or in behind the wheel training.

(4)   require or permit any person other than a third-party examiner employed by the school to administer any examination,

(5)   require or permit the administration of an examination in a vehicle required to be placarded for hazardous materials, or

(6)   commit or omit any act which constitutes a violation of any of the rules of this Subchapter or the laws of this state or federal regulations governing third-party examiner certification.

(b)   Third-party examiner - prohibited acts. A third-party examiner shall not:

(1)   use or permit to be used any form of alcoholic beverage or drugs in, on or about the school premises, including the examination route, or in any commercial motor vehicle being used for purpose of administering a skills examination,

(2)   administer an examination to any commercial driver license applicant with any physical handicap,

(3)   administer an examination to any person who has not enrolled in and successfully completed a course at the certified school employing the third-party examiner, as submitted to and approved by the Department,

(4)   administer an examination to any person who has not been issued and does not possess a commercial learner permit (issued at least fourteen (14) days prior to the date of the examination) for the class of vehicle and proper endorsements in which the examination is to be given,

(5)   administer an examination in a vehicle required to be placarded for hazardous materials.

(6)   administer an examination to any person related by consanguinity (by blood relation) or affinity (by marriage) within the third degree, or to any person who is not enrolled in or has enrolled in and completed a course of study, as defined in OAC 595:11-7-2 from the school which employs the examiner.

(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 third-party 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 or federal regulations governing third-party examiner certification.

(10)   administer the skills test to applicants he or she has instructed in the classroom and/or in behind the wheel training.

(11)   administer an examination to any student that is not enrolled in or has completed a course of study as defined in OAC 595:11-7-2 from the third-party examiner's employing school.

(c)   Third-party examiner - conduct. A third-party 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 may depend,

(2)   Impartially administer all official duties without regard to race, creed, position, or influence, according no applicant more favorable 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 the legal authority as has been duly vested in the position of a third- party examiner, and

(5)   Fully appreciate and fulfill the responsibilities of his or her certification in order to strengthen public confidence in the training and examination of commercial driver license applicants.

[Source: Added at 26 Ok Reg 2749, eff 7-25-09; Amended at 32 Ok Reg 35, eff 8-25-14 (emergency); Amended at 32 Ok Reg 2220, eff 9-11-15; Amended at 35 Ok Reg 1944, eff 9-17-18]