SECTION 595:11-5-9. Failed examinations and reexamination

(a)   If the commercial driver license applicant fails an examination administered by a third-party examiner, the third-party examiner shall wait the required amount of time before reexamining the applicant.

(b)   The third-party examiner shall:

(1)   record each failed examination on the commercial driver license application form [OAC 595:11-5-13(e)];

(2)   report each failed examination to the Department:

(A)   during the Department's normal business hours:

(i)   by emailing the CDL Coordinator or his or her designee immediately upon completion of each exam, and

(ii)   electronically through CSTIMS immediately upon completion of each exam.

(B)   after the Department's normal business hours:

(i)   by emailing the CDL Coordinator or his or her designee immediately upon completion of each exam, and

(ii)   electronically through CSTIMS immediately upon completion of each exam.

(3)   not administer a re-examination to the same student that has failed any part of the examination for a minimum of two business days.

(4)   not administer a re-examination in a different vehicle that is not an exact representative vehicle to include but not limited to brakes, transmission, or class without re-examining any previously passed segments of the skills test.

[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 34 Ok Reg 1943, eff 9-11-17; Amended at 35 Ok Reg 1944, eff 9-17-18; Amended at 36 Ok Reg 1036, eff 7-25-19; Amended at 37 Ok Reg 282, eff 10-31-19 (emergency); Amended at 37 Ok Reg 2069, eff 9-11-20]