No. 31545 (Repeal and Reenact): R708-2. Commercial Driver Training Schools

DAR File No.: 31545
Filed: 06/10/2008, 09:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 363 and H.B. 20 changed several requirements for commercial driver training schools that required the division to make changes in the rule. Since there were so many changes, the division decided to rewrite and simplify the rule. (DAR NOTE: H.B. 363 (2006) is found at Chapter 201, Laws of Utah 2006, and was effective 08/01/2006. H.B. 20 (2006) is found at Chapter 266, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

H.B. 363 and H.B. 20 in the 2006 General Legislative Session required the Driver License Division to make several changes in Rule R708-2. The changes in the rule required making definitions; created a school operator license for a person authorized to manage a driver training school; created a commercial testing only school license; provided that school operator and instructor license expires one year from issuance; provided that beginning 08/01/2006 the division shall issue a learner permit to a person who is at least 15 years of age; provided that the fee for a learner permit is $15; provided other qualifications when a person with a learner permit may operate a vehicle; repealed temporary learner permits, instruction permits and practice permits; authorized school districts to do certain things with pupils who are 15 years old; required commercial driving training schools to verify a student has been issued a learner permit prior to conducting behind the wheel and observation training; outlined requirements for using driving simulators by commercial driver training schools; allowed the division to inspect and renew school licenses throughout the year; reduced the required school bond from $10,000 to $5,000; clarified when a school license expires; made technical changes; and generally clarified the rule. There are no substantive provisions that existed in the old rule that do not appear in the new rule.

State statutory or constitutional authorization for this rule:

Section 53-3-505

Anticipated cost or savings to:

the state budget:

There is no cost to the state because the changes in the rule will not increase the cost to regulate commercial driver training schools and their instructors.

local governments:

There is no impact on local government because they are not involved in regulating commercial driver training schools.

small businesses and persons other than businesses:

There will be an additional cost for schools that are required to resubmit a finger print record. There will also be a savings for schools, because instead of having to pay $10,000 for a surety bond, they will only have to pay $5,000 for a bond. There is no additional cost to individuals because the changes in the rule only affect the schools and their instructors.

Compliance costs for affected persons:

There will be an additional cost for schools that are required to resubmit a finger print record. There will also be a savings for schools, because instead of having to pay $10,000 for a surety bond, they will only have to pay $5,000 for a bond. There is no additional cost to individuals because the changes in the rule only affect the schools and their instructors.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no extra costs to the schools except for resubmitting a finger print record. There will be a savings to the schools because their bond was reduced from $10,000 to $5,000. Scott T. Duncan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-2. Commercial Driver Training Schools.

[R708-2-1. Purpose.

Sections 53-3-501 through 509, requires the Driver License Division to administer the Commercial Driver Training Schools Act by licensing and regulating commercial driver training schools and instructors of such schools. This rule assists the division in doing that.

 

R708-2-2. Authority.

This rule is authorized by Section 53-3-505.

 

R708-2-3. Definitions.

(1) "Behind-the-wheel instruction" means instruction a student receives while driving a commercial driver training vehicle.

(2) "Branch office" means an approved location where the business of the driver training school is conducted other than the principal place of business.

(3) "Business plan" means a plan that contains written acknowledgment of expectations, as outlined by this rule and a detailed explanation of how these expectations will be accomplished.

(4) "Classroom instruction" means that part of the driver training course which takes place in a classroom and which utilizes effective teaching methods such as lecture, discussion, and audio-visual aids.

(5) "Commercial driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to drive motor vehicles, including motorcycles, and to prepare an applicant for an examination given by the state for a license or learner permit, and charging a consideration or tuition for those services.

(6) "Commercial driver training vehicle" means a motor vehicle equipped with a second functioning foot brake and inside mirrors which are positioned for use by the instructor for the purpose of observing rearward.

(7) "Commissioner" means the Commissioner of the Department of Public Safety.

(8) "Corporation" means a business incorporated under the laws of a state or other jurisdiction.

(9) "Department" means the Department of Public Safety.

(10) "Division" means the Driver License Division.

(11) "Driver training" means behind-the-wheel instruction, extended learning, observation time, and classroom instruction provided by a driver training school for the purpose of teaching students to safely operate motor vehicles.

(12) "Extended learning course" means a home-study course in driver education offered by a school and approved and operated under the direction of an institution of higher learning. The division must also approve the course.

(13) "Fraudulent practices" means any misrepresentation on the part of a licensee or any partner, officer, agent, or employee of a licensee tending to induce another to part with something of value or to surrender a legal right.

(14) "Higher education" means a university or college currently accredited by an appropriate accreditation agency recognized by the U.S. Dept. of Education and the Utah State Board of Regents.

(15) "Instructor" means any person, whether acting for himself as operator of a commercial driver training school or for any school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles, or preparing to take an examination for a license or learner permit.

(16) "Instructor demonstration" means a demonstration of the operation of a motor vehicle performed by the instructor, which may be included as a part of the required six clock hours of observation time for a student for which credit is designated as hour for hour.

(17) "Observation time" means the time a student is riding in the commercial driver training vehicle to observe the driver instructor, other student drivers, and other road users.

(18) "Operator" means any person who is certified as an instructor, has met requirements for operator status as outlined in this rule, is authorized or certified to operate or manage a driver training school, and who may supervise the work of any other instructor.

(19) "Partnership" means an association of two or more persons who co-own and operate a commercial driver training school or testing only school.

(20) "Permanent record book" means a permanently bound book with pages consecutively numbered, setting forth the name, address, date of birth, enrollment date, and completion date of every person receiving lessons, lectures, tutoring, instruction of any kind or any other services relating to instruction in the operation of motor vehicles. A computerized file that is printed and permanently bound at the end of the calender year will be accepted as a permanent record book upon approval by the division.

(21) "Probation" means action taken by the department which includes a period of close supervision as determined by the division.

(22) "Reinstatement" means the process for an instructor, operator, commercial driver training school or testing only school to re-license following revocation.

(23) "Revocation" means the removal of certification of an instructor license, operator license, commercial driver training school or testing only school for a period of six months.

(24) "Student record book" means a book or other record showing the name, date of birth for each student, and also the date, type, time, and duration of all lessons, lectures, tutoring, instructions or other services relating to instruction in the operation of motor vehicles. It will also contain the names of the instructors giving such lessons or instructions and identification of the vehicle in which any behind-the-wheel instruction is given.

(25) "Testing only school" means a school that has been designated by the division as a commercial testing only school, employs instructors who are certified in accordance with R708-37, and engages only in testing students for the purpose of obtaining a driver license. A testing only school may conduct behind-the-wheel and/or observation instruction upon approval by the division. A testing only school may not engage in education or training of persons, either practically or theoretically, or both, to drive motor vehicles, except when counseling the driver following a test in reference to errors made during the administration of the test or when conducting behind-the-wheel or observation instruction as approved by the division. A tester may not test an individual who has completed any behind-the-wheel or observation instruction through the school with which the tester is employed.

 

R708-2-4. Licensing Requirement for a Commercial Driver Training School.

(1) Every corporation, partnership or person who owns a commercial driver training school shall obtain a school license from the division. School license applications may be obtained from the Driver License Division at 4501 South 2700 West, Salt Lake City, Utah. Applicants are also responsible for obtaining any business licenses required by the municipality or county in which they are located. School and business licenses must be conspicuously displayed in the licensee's principal place of business and branch offices. Each school shall be inspected by a division representative before it can be licensed.

(2) A license is valid for the calendar year and expires on December 31 of the year issued. The fee for an original license is $100. The annual fee for a renewal license is $100. The annual fee for each branch license is $30. Fees shall be payable to the Department of Public Safety. If a license is revoked, or refused issuance or reinstatement, no part of the fee will be refunded.

(3) Licenses are not transferable.

(4) If a license is lost or destroyed, a duplicate will be issued upon payment of a fee of $10. A notarized affidavit setting forth the date the license was lost or destroyed and the circumstances of such loss or destruction must be provided.

(5) Whenever any school or branch office is discontinued, the school or branch office license must be surrendered to the division within five days. In such cases, the licensee shall state in writing the reason for such surrender.

(6) Any branch office or classroom facility in a location other than the school's principal place of business shall be separately licensed. A branch office shall meet the same requirements as the school's principal place of business and shall be similarly equipped and perform substantially the same services. Application for a branch office license shall be made on an application form provided by the division. Branch offices shall be inspected by a division representative before they can be licensed.

(7) Each school must employ a licensed operator to operate the school and each branch office before it may become licensed. The current licensed operator must be identified on the application maintained by the division for each school or branch office. It is permissible for a single operator to operate multiple branch offices of the same school. If at any time the operator discontinues employment with the school, a new operator must be employed before continuation of operation of the school, including any branch offices for which the individual has been identified as the operator, may occur.

(a) It is not permissible for an individual to maintain employment with more than one commercial driver training school or testing only school at a time.

(8) Only one school may be operated from a branch office or a classroom facility. It is not permissible for two or more schools owned by separate individuals and owned under different school names to operate from the same facility or office space unless one school has been designated by the division as a testing only school. One commercial driver training school and one testing only school may be operated from the same school or branch office. A clear separation of the schools must be identified, and each school must comply with standards set forth in R708-2.

(9) Each school or classroom facility must be posted with signage that will identify the school by name as the school is listed on the school certification.

 

R708-2-5. Licensing Requirement for a Testing Only School.

(1) Every corporation, partnership or person who owns a testing only school shall obtain a school license from the division. School license applications may be obtained from the Driver License Division at 4501 South 2700 West, Salt Lake City, Utah. Applicants are also responsible for obtaining any business licenses required by the municipality or county in which they are located. School and business licenses must be conspicuously displayed in the licensee's principal place of business and branch offices. Each school shall be inspected by a division representative before it can be licensed.

(2) A license is valid for the calendar year and expires on December 31 of the year issued. The fee for an original license is $100. The annual fee for a renewal license is $100. The annual fee for each branch license is $30. Fees shall be payable to the Department of Public Safety. If a license is revoked, or refused issuance or reinstatement, no part of the fee will be refunded.

(3) Licenses are not transferable.

(4) If a license is lost or destroyed, a duplicate will be issued upon payment of a fee of $10. A notarized affidavit setting forth the date the license was lost or destroyed and the circumstances of such loss or destruction must be provided.

(5) Whenever any school or branch office is discontinued, the school or branch office license must be surrendered to the division within five days. In such cases, the licensee shall state in writing the reason for such surrender.

(6) Any branch office in a location other than the school's principal place of business shall be separately licensed. A branch office shall meet the same requirements as the school's principal place of business and shall be similarly equipped and perform substantially the same services. Application for a branch office license shall be made on an application form provided by the division. Branch offices shall be inspected by a division representative before they can be licensed.

(7) It is not permissible for an individual to maintain employment with more than one commercial driver training school or testing only school at a time.

(8) Only one school may be operated from a branch office. It is not permissible for two schools owned by separate individuals and owned under different school names to operate from the same facility or office space unless one school has been designated by the division as a testing only school. One commercial driver training school and one testing only school may be operated from the same school or branch office. A clear separation of the schools must be identified, and each school must comply with standards set forth in R708-2.

(9) Each school must be posted with signage that will identify the school by name as the school is listed on the school certification.

(10) It is not required that a testing only school maintain a classroom facility in the school or branch office location. It is required that the testing only school location or branch office have a designated area in which to maintain required files and records.

 

R708-2-6. Application for a Commercial Driver Training School License or a Testing Only School License.

(1) Application for an original or renewal commercial driver training school license or a testing only school license must be made on forms provided by the division, signed by the applicant, and notarized. In the case of a partnership, the application must be signed by all partners. In the case of a corporation, the application must be signed by an officer of the corporation. Applications must be submitted at least 30 days prior to licensing. An appointment should be made when the application is filed to have the school inspected by a division representative.

(2) Every application must be accompanied by the following supplementary documents:

(a) in the case of a corporation, a certified copy of a certificate of incorporation;

(b) samples of all forms and receipts to be used by the school;

(c) a schedule of fees for all services to be performed by the school;

(d) a fingerprint record for each applicant, partner or corporate officers. A Bureau of Criminal Identification check will be done by the division on all applicants, partners, and corporate officers. Fingerprints may be taken by any law enforcement agency. The division may require renewal applicants to submit new fingerprint records;

(e) a certificate of insurance for each vehicle used for driver training or testing purposes;

(f) a copy of all tests and criteria which the school requires in order for a student to satisfactorily complete the driver training course all of which are subject to approval of the division; including copies of translations; and

(g) evidence that a surety bond has been obtained by the school. The amount of the surety bond will be determined by the division with the use of a formula that incorporates the number of students that the school is capable of instructing over a period of three months based on its facility, equipment, personnel, and the tuition that would be collected from each student, with a minimum requirement of $10,000.00 coverage and a maximum requirement of $60,000.00 coverage. If, at any time, there is a change in the number of instructors, the number of vehicles, or the size of the classroom facility, the required surety bond amount will be reevaluated by the division and adjusted accordingly. Cancellation of the surety bond is grounds for revocation, probation, or refusal to issue or renew the school license. A school designated by the department as a testing only school will not be required to obtain a surety bond unless it has been authorized by the division to conduct behind-the-wheel training. A school may enter into an agreement with the division that will outline a method for determining the amount of the required surety bond in lieu of the formula specified in this section. Noncompliance with the terms of the agreement may result in the revocation of school, operator, and or instructor licenses issued by the division for use by the school or its employees. A school that does not charge tuition for driver education is not required to maintain a surety bond.

(3) The division may require that a credit check be performed for each applicant. Based on the results of the credit check, the division may deny certification.

 

R708-2-7. Application Requirements for a Commercial Driver Training School Instructor License.

(1) Every person who serves as an instructor in a commercial driver training school, including the owner, operator, partner or corporate officer of the licensee, substitute or part-time instructor, shall obtain an instructor's license from the division. Such license shall be valid only for the specific driver training school listed on the license.

(2) A license is valid for the calendar year and expires on December 31 of the year issued. The fee for an original license is $30. The annual fee for a renewal license is $20. Fees shall be payable to the Department of Public Safety. If a license is revoked or refused issuance, or refused renewed, no part of the fee will be refunded.

(3) Licenses are not transferable.

(4) If an instructor license is lost or destroyed, a duplicate will be issued upon payment of a fee of $6. A notarized affidavit setting forth the date the license was lost or destroyed and the circumstances of such loss or destruction must be provided.

 

R708-2-8. Application Requirements for a Commercial Driver Training School Operator License.

(1) Every person who serves as an operator of a commercial driver training school, including the owner, operator, partner or corporate officer of the licensee, substitute or part-time instructor, shall obtain an operator license from the division. Such license shall be valid only for the specific driver training school listed on the license.

(2) A school operator license is not valid unless accompanied by a valid instructor license.

(a) Requirements for licensure as a school operator include six college semester credit hours or eight college quarter credit hours in business related courses through an accredited college or university; or two years experience operating a business, or a combination thereof.

(b) Prior to licensure, a potential school operator must submit a business plan to the division for approval.

(c) Individuals who are functioning in the capacity of a commercial driver training school operator prior to January 1, 2003, will not be required to comply with section (a) of this section.

(3) An operator license is valid for the calendar year and expires on December 31 of the following year issued.

(4) Licenses are non-transferable.

(5) If an operator license is lost or destroyed, a duplicate will be issued upon request. A notarized affidavit setting forth the date the license was lost or destroyed and the circumstances of such loss or destruction must be provided.

 

R708-2-9. Additional Requirements for Commercial Driver Training School Instructors.

(1) In addition to obtaining a license, a commercial driver training school instructor must:

(a) have a valid Utah driver license;

(b) be at least twenty one years of age;

(c) have at least three years of driving experience in the United States, Canada, or a country with which the state of Utah has established a license reciprocity agreement;

(d) have a driving record free of conviction for a moving violation or chargeable accident resulting in suspension or revocation of the driver license for the two year period immediately prior to application and during employment and be checked to determine if there is an unsatisfactory driving record in any state;

(e) be in acceptable physical condition as required by Section 10 of this rule;

(f) complete specialized professional preparation in driver safety education consisting of not less than 21 quarter hours, or 14 semester hours of credit as approved by the division. Of the 21 quarter hours or 14 semester hours, one class must be in teaching methodology and another class must include basic driver training instruction or organization and administration of driver training instruction;

(g) pass a written test given by the division. The test may cover commercial driver training school rules, traffic laws, safe driving practices, motor vehicle operation, teaching methods and techniques, statutes pertaining to commercial driver training schools, business ethics, office procedures and record keeping, financial responsibility, no fault insurance, procedures involved in suspension or revocation of an individual's driving privilege, material contained in the "Utah Driver Handbook", and traffic safety education programs;

(h) pass a practical driving test;

(i) pass the same standard eye test that is given to applicants who apply for a Utah operator or commercial driver license; and

(j) submit a fingerprint record for a criminal history record check.

(2) Instructors shall be sponsored by a commercial driver training school which shall be responsible for controlling and supervising the actions of the instructors. No school may knowingly employ any person as an instructor or in any other capacity if such person has been convicted of a felony or any crime involving moral turpitude.

(3) The instructor's license must be in the possession of the instructor at all times while providing behind-the-wheel or classroom instruction.

 

R708-2-10. Application and Medical Requirements for a Commercial Driver Training School Instructor License.

(1) Application for an original or renewal instructor's license must be made on forms provided by the division, signed by the applicant in front of a division employee authorized to administer oaths. Applications must be submitted at least 30 days prior to licensing. The original and each yearly renewal application must be accompanied by a medical profile form provided by the division and completed by a health care professional as defined in Subsection 53-3-302(2).

(2) The medical profile form shall indicate any physical or mental impairments which may preclude service as a commercial driver training school instructor. The physical examinations must take place no more than three months prior to application.

(3) The commercial driver training school desiring to employ the applicant as an instructor must sign the application verifying that the applicant will be employed by the school.

(4) When deemed necessary by the division, an applicant seeking to renew an instructor's permit may be required to take a driving skills test.

 

R708-2-11. Re-certification.

All holders of school licenses, operator licenses, and instructor licenses may at the discretion of the division be required to re-certify every three years. Re-certification may be obtained by submitting proof of completion of classes, seminars, and workshops approved by the division.

 

R708-2-12. Classroom and Behind-The-Wheel Instruction.

(1) Classroom instruction for students shall meet or exceed 18 clock hours and shall be conducted in not less than nine separate class sessions on nine separate days of two hours per class. Classroom curriculum may not be repeated in any of the nine sessions provided to a student except in the form of a review of materials covered in a previous classroom session. The time frame allotted for review is not to exceed 10 minutes per classroom session. Not more than five of the classroom hours may be devoted to showing slides or films. Classroom instruction shall cover the following areas:

(a) attitudes and physical characteristics of drivers;

(b) driving laws with special emphasis on Utah law;

(c) driving in urban, suburban, and rural areas;

(d) driving on freeways;

(e) maintenance of the motor vehicle;

(f) affect of drugs and alcohol on driving;

(g) motorcycles, bicycles, trucks, and pedestrian's in traffic;

(h) driving skills;

(i) affect of the motor vehicle on modern life;

(j) Utah's motor vehicle laws regarding financial responsibility and no fault insurance, and a driver's responsibility when involved in an accident; and

(k) suspension or revocation of a driver license.

(2) Behind-the-wheel instruction shall include a minimum of six clock hours of instruction in a dual-control vehicle with a licensed instructor. Each student will be limited to a maximum of two hours of behind-the-wheel instruction per day. An instructor may not conduct more than 10 hours of behind-the-wheel instruction within a period of 24 hours and must have at least eight consecutive hours of off-duty time between each ten hour shift. The front seat of the vehicle shall be occupied by the instructor and no more than one student. Under no circumstances shall there be more than five individuals in the vehicle.

(a) Behind-the-wheel instruction shall include student practice in using vehicle controls to start, shift gears, make right and left turns, stop, backup, and park. This instruction shall begin under relatively simple conditions and progress until the student has acquired reasonable skill in operating the vehicle under varying traffic conditions.

(b) Students shall receive experience in driving on urban streets, open highways, or freeways. Behind-the-wheel instruction shall include the experience of driving under variable conditions which may be used by the instructor at different times of the day and year. Special emphasis should be given to teaching students to show courtesy to other drivers and pedestrians.

(c) Students shall receive a minimum of six clock hours of observation time. This instruction may include instructor demonstrations, for which hour for hour credit will be given, and may not exceed two hours per day. Students observing from the rear seat, as well as the student driver, should benefit from time in the vehicle. The instructor's role is not merely to provide driving experience for the student behind-the-wheel, but to make the vehicle a practical classroom on wheels where all students may learn about the problems which face a driver and the appropriate solution to such problems.

(d) Behind-the-wheel instruction may not be conducted for a student unless the division has issued an instruction permit for the student and the instruction permit issued for the student is in the vehicle at the time the instruction is conducted, unless the student is in possession of a valid Utah driver license, a learner permit or temporary permit issued by the division, or a valid out of state or out of country driver license.

(3) All classroom and behind-the-wheel instruction will be conducted by an individual who is licensed as a commercial driver training school instructor as specified in this rule.

(a) It is a violation of this rule to conduct classroom or behind-the-wheel instruction or to allow another individual to conduct classroom or behind-the-wheel instruction without an instructors license unless a school has obtained prior approval from the division for classroom instruction to be provided by experts, such as a police officer, on a limited basis.

(4) Instructors shall screen students for visual acuity and physical or emotional conditions which may compromise public safety before allowing students to participate in behind-the-wheel instruction. Screening may not be performed over the telephone. An employee of the school who is not certified as an instructor may not perform medical or visual screening unless approved by the division in writing. Screening results shall be maintained on a form approved by the division.

(a) Students must have 20/40 visual acuity or better in one eye and a visual field of 90 degrees. Students with less than the required visual acuity and/or visual field shall be referred to a licensed medical practitioner for further consideration.

(b) Students must answer all questions on a health questionnaire approved by the Driver License Medical Advisory Board and sign a statement of affirmation of truth. Students indicating a physical or emotional condition on the questionnaire shall be referred to a licensed medical practitioner for further consideration. Health questionnaires shall be provided by the division.

(5) Commercial driver training schools shall provide each student a copy of the current Utah Driver Handbook. The handbook shall not be used as the sole text of the course, but as an essential aid when Utah traffic laws are studied. Handbooks may be obtained by the schools from the division.

 

R708-2-13. Monthly Reports.

(1) Each commercial driver training school shall submit a monthly report of the number of students completing both classroom and behind-the-wheel instruction.

(2) Monthly reports shall be submitted on forms supplied by the division and must be received by the division no later than the 15th day of each month.

(3) Failure to submit monthly reports within the prescribed time is grounds for revocation of the school's license.

(4) Monthly reports may be submitted electronically with division approval.

 

R708-2-14. Extended Learning Course.

(1) A commercial driver training school may offer an extended learning course of instruction as a substitute for the classroom instruction set forth in Section 10 of this rule provided such course is approved by an institution of higher learning and the division.

(2) An extended learning course must be operated under the direction of an institution of higher learning. The institution of higher learning shall notify the division in writing when it has approved a school's extended learning course. The institution of higher learning will monitor any extended learning course approved by them to ensure the course is run as originally planned. They will notify the division of any substantive changes in the course as well as their approval of such changes. An institution of higher learning can approve the extended learning course of more than one school.

(3) An extended learning course shall consist at a minimum of a text, a workbook, and a 50 question competency test which addresses the subjects described in Section 10 of this rule.

(a) All materials, including texts, workbooks, and tests, used in the course must be submitted by the school to the division for approval.

(b) The average study time required to complete the workbook exercises must meet or exceed 30 clock hours.

(c) An extended learning student must complete all workbook exercises.

(d) An extended learning student must pass the 50 question written competency test at 80% or better. Testing shall occur under the following conditions:

(i) the test shall be taken at the school or at a proctored testing facility approved by the division;

(ii) the identity of the student will be verified by the licensed instructor prior to testing;

(iii) the test shall be completed by the student without any outside help;

(iv) the school shall maintain at least three separate 50 question competency tests created from a test pool of at least 200 questions;

(v) the extended learning student will be given a minimum of three opportunities to pass the test. After each failure the school will provide the student with additional instruction to assist the student to pass the next test;

(vi) the original fees for the course must include the three opportunities to pass the test and any additional instruction that is required;

(vii) an extended learning student must pass the test in order to complete driver training; and

(viii) the school will maintain for three years records of all tests administered by the school. Test records shall include the results of all tests taken by every student.

 

R708-2-15. Instruction Permits.

(1) A commercial driver training school must obtain from the division an instruction permit for each student enrolled in the school for the purpose of meeting licensing requirements as set forth in Section 53-3-204 (1). An instruction permit provides proof that the student is enrolled in a driver training course and is licensed to receive behind-the-wheel instruction with a licensed instructor. Instruction permits shall be retained by the instructor and shall be available in the vehicle at all times while the student is driving. Information shall be included on the instruction permit in a manner specified by the division.

(a) It is the responsibility of the school to ensure that the instruction permit application contains the correct name and date of birth of the student, by means of a birth certificate or other official form of identification.

(b) Application for an instruction permit must be typed or printed in ink. Duplicate instruction permits may not be issued unless the student's name and date of birth are the same as those on the original application.

(c) Instruction permits shall not be issued for persons under the age of 15 years and six months.

(d) All unused instruction permits issued between January 1 and September 30 of each year shall be returned to the division prior to December 31 of that year. Unused permits issued during October, November, and December shall be submitted with the unused permits of the following year.

(2) Upon completion of the requirements of the driver training course, the commercial driver training school shall release to the student a form consisting of an instruction permit, a certificate of training which must be signed by the student, and a certificate of completion which must be signed by the instructor and the school owner.

(3) The student shall present the certificate of completion to the division when the student makes application for a driver license.

(4) Duplicate certificates of completion may be obtained for $5.

(5) Following notice of intent to take agency action, suspension of issuance of instruction permits to a school or instructor may occur whenever the division has reason to believe that a school or instructor is in non-compliance with this rule.

(6) After notice of intent to take agency action is sent to a school, and after allowing sufficient time for the school to have received the notice, the division will no longer issue instruction permits to the school.

(7) Suspension of issuance of instruction permits will remain in effect until such times as the school, operator or instructor is in compliance with requirements as stipulated in the notice of intent to take agency action and reinstatement of the school license, instructor license, and /or operator license has occurred. The subject of intended action may request a hearing regarding the agency's intent to take action. If a hearing is requested, suspension of issuance of instruction permits will remain in effect pending the outcome of the hearing.

(8) After a school has received notice from the division of intent for agency action to occur, it is a violation of this rule for the school to allow students to enroll in a driver training course at the school or to accept money from students for whom the school will be unable to obtain an instruction permit or for whom the school will be unable to provide a completion slip if the school license is revoked or refused renewal or reinstatement following a hearing as requested by the school.

(9) In the event that a school license is revoked or refused renewal, all incomplete instruction permits shall be returned to the division.

 

R708-2-16. Students Transferring from the Utah Public School System.

(1) Students transferring from the Utah public school system will not be given credit by the division for any previous partial driver education instruction unless authorized in writing by the State Office of Education.

(2) Students who have successfully completed the classroom portion of driver training in the public school system in the State of Utah or in another state, but who have not completed behind-the-wheel driving instruction and observation time, may receive credit for the classroom instruction if they provide an authorized letter or certificate from the school which provided the training. The letter or certificate must be prepared on the school's letterhead, signed by a school representative, and state the number of classroom hours completed.

 

R708-2-17. Commercial Driver Training Vehicles.

(1) Commercial driver training vehicles used for behind-the-wheel instruction shall be properly registered, maintained in safe mechanical condition, and equipped with the following:

(a) functioning dual control brakes;

(b) outside and inside mirrors for both the driver and the instructor for the purpose of observing rearward;

(c) a separate seat belt for each occupant;

(d) functioning heaters and defrosters; and

(e) a functioning fire extinguisher, first aid kit, safety flares and/or reflectors.

(2) Students shall receive instruction in either standard shift or automatic transmission vehicles. The school shall have the option of choosing the type of transmission.

(3) If instruction is given in snow or on icy road surfaces tire chains or snow tires shall be used in compliance with local police or highway patrol recommendations.

(4) Vehicles must be capable of passing a state safety inspection at all times during their instructional use. Failure to maintain a vehicle in safe operating condition is grounds for the revocation of the license of the school operating the vehicle.

(5) Vehicles unable to meet safety standards shall be replaced by the school.

(6) It is the responsibility of the school to notify the division of any vehicle added to or deleted from their fleet. No vehicle may be used for driver training until it passes inspection by the division.

(7) Each vehicle used by a school for driver training shall be properly identified to safeguard against accidents. A vehicle is properly identified when the words "STUDENT DRIVER" are displayed on the front and rear and on both the left and right sides of the vehicle. The letters shall be at least three inches in height.

(8) Advertising or other markings on the vehicle for identifying or advertising the school shall be approved by the division.

 

R708-2-18. Notification of Accident.

If any driver training vehicle is involved in an accident during the course of instruction, the school shall notify the division in writing within five working days of the date of the accident and submit to the division a copy of the investigating law enforcement officer's accident report as soon as it is available.

 

R708-2-19. Insurance.

(1) Each commercial driver training school or testing only school must file with the division evidence of the minimum required insurance with an insurance company authorized to do business in Utah. Schools shall maintain suitable insurance coverage on each vehicle used in the driver training program sufficient to protect the instructor, students, and the public. The minimum insurance coverage is that required by the Utah Insurance Code, in Title 31A, Chapter 22, Part 3.

(2) The insurance company supplying the policy shall furnish to the division a certificate of insurance and shall notify the division immediately upon cancellation of said insurance. Operation of a vehicle without the required minimum insurance coverage shall be grounds for revocation of the licensee's license.

 

R708-2-20. Contracts.

(1) A student shall not be given lessons, lectures, tutoring or any other service relating to instruction in driver training, unless a written contract approved by the division has been executed by the school and the student.

(a) The contract must be signed by both the student and a representative of the school who is employed by the school, is authorized to enter into a contract with the student on behalf of the school and who is listed as school representative on the school application. If the student is under 18 years of age, the contract must also be signed by a parent or legal guardian.

(2) A copy of the contract must be given to the student and the original retained by the school.

(3) A school shall not agree orally or in writing to give an unlimited number of lessons, to give instruction until the driver license is obtained, or to give free lessons, or a premium or discount if a driver license is not obtained.

(4) The term "no refund" or similar phrase is not permitted in contracts.

(5) It is required that the student shall be provided with a receipt each time that money is paid by the student to the school. It is also required that the school shall maintain a copy of all receipts.

 

R708-2-21. Records.

(1) Every commercial driver training school shall maintain the following records:

(a) A permanent record book, defined as: a permanently bound book, with pages consecutively numbered, setting forth the name, address, date of birth, enrollment date, course type, and completion date of every person receiving lessons, lectures, tutoring, instruction of any kind or any other services relating to instruction in the operation of motor vehicles. The permanent record book must be updated upon both enrollment and course completion of each student. The division must approve the format of the permanent record book.

(b) A student record book, defined as: a book or other record showing the name, date of birth, and course type for each student; and the date, type, exact time of day including a.m. and p.m. for the beginning and ending of all training administered in the operation of motor vehicles. It will also contain the names of the instructors giving such lessons or instructions and identification of the vehicle in which any behind-the-wheel and/or observation instruction is given. The student record book must be updated within 24 hours of the time that instruction is conducted for each student. The division must approve the format of the student record book.

(c) Computerized files may be substituted for the permanently bound book and student record book if the format to be used has been approved by the division. It is a violation of this rule to maintain computerized files that have not been approved by the division.

(d) Each school shall maintain accurate, up to date records. Failure to do so is a violation of this rule.

(2) The division shall review the records of all schools at least annually and may observe the instruction given both in the classroom and behind the wheel. The division shall have the right to review the operation of the schools whenever the division deems it necessary to insure compliance with this rule.

(3) The loss, mutilation or destruction of any records which a school is required to maintain, must be immediately reported by the school to the division by affidavit stating:

(a) The date such records were lost, mutilated or destroyed; and

(b) The circumstances involving such loss, mutilation or destruction.

(4) All records must be retained by the schools for three years, with the exception of the permanently bound book or computerized file there of, which is to be kept permanently, during which time they shall be subject to inspection by the division during reasonable business hours. In the event that the school closes permanently, the permanent record book will be submitted by the school to the division.

(5) When deemed necessary by the division, the school records will be removed from the school location for the purpose of conducting an audit.

(a) When records are removed from the school location, a receipt will be provided to the school operator which will include the name of the school, location of the school, date of removal of records from the school location, information that specifies all records removed from the school location, the signature of the school operator, and the signature of a division representative.

(b) Upon return of the school records, the receipt will be updated to reflect the date that the records were returned to the school, the signature of the school operator, and the signature of the division designate returning the records.

(c) Records will be held by the division for the minimum amount of time necessary so that an audit can occur without creating an unnecessary hardship or inconvenience to the school.

(d) All records, including computerized records, must be provided to the division when requested for the purpose of an audit or review of the school's records. Failure to provide all records as requested by the division is a violation of this rule. In the event that a hearing occurs subsequent to an audit, records not provided by the school at the time of the audit may not be considered as evidence during the hearing.

 

R708-2-22. Advertising and School Location.

(1) Commercial driver training schools and testing only schools may not imply or expressly guarantee that a driver license is guaranteed or assured. The display of a sign such as "Driver License Secured Here" is forbidden.

(2) A Commercial driver training school or testing only school may display on its premises a sign reading, "This School is Licensed by the State of Utah".

(3) No Commercial driver training school or testing only school may solicit business directly or indirectly or display or distribute any advertising material within 1500 feet of a building in which vehicle registrations or driver licenses are issued to the public.

(4) In municipalities having a population of 50,000 or more, no license will be issued for a commercial driver training school or testing only school if the school's place of business is located within 1500 feet of a facility in which vehicle registrations or driver licenses are issued to the public. If a school is established in a location prior to the origination of a facility located within 1500 feet of the school in which vehicle registrations or driver licenses are issued to the public, the school will be authorized to continue operation; however, the school's location may not be transferred to another corporation, partnership, or owner, under the same school name or a different school name.

(5) No commercial driver training school or testing only school may change its place of business or location without prior approval from the division.

(6) Each commercial driver training school shall provide classroom space, either in their own building or in any other building approved by the division. The classroom shall have seating for all students, access to sanitary facilities, and appropriate training aids, such as blackboards, charts, projectors, etc. Classroom facilities and buildings shall comply with federal, state, and local building, fire, safety and health codes.

 

R708-2-23. Change of Address and Officers.

(1) The commercial driver training school or testing only school shall immediately notify the division in writing if there is a change in the residence or business address of any individual owner, partner, officer or employee of the school.

(2) The commercial driver training school or testing only school shall immediately notify the division in writing of any change in officers, directors or employees, and shall provide the same information that would be required on an original application by the corporation.

(3) Failure to notify the division of a change of address, or of a change in the officers, directors, employees or controlling stockholders of any corporation, or change in the members of a partnership, may be considered grounds for the revocation of the school license.

 

R708-2-24. Change in Ownership.

(1) In the event of any ownership change in the commercial driver training school or testing only school, the division must be notified immediately in writing by the new owner and a new application must be submitted. Such application shall be considered a renewal if one or more of the original licensees remain as part owner of the school. In the event the change in ownership is to any person or persons not named in the application for the last current license or renewal license of the school, such license shall be considered a new application.

(2) The division may permit continuance of the commercial driving training school or testing only school by the current licensee, pending processing of the application made by the person or persons to whom ownership of the school is to be transferred.

(3) Upon issuance of the new license, the prior license must be immediately surrendered to the division. Refund of any part of the license fee is not permitted.

 

R708-2-25. Grounds for Revocation, Probation or Refusal to Issue or Renew Instructor License, Operator License, or School License.

(1) Following a hearing, the division may revoke, place on probation, or refuse to renew a license for either an instructor, operator, commercial driver training school or a testing only school. The division may also refuse to issue a license for an instructor, operator, commercial driver training school or a testing only school. A license may be revoked, placed on probation or refused for renewal for any of the following reasons:

(a) failure to comply with any of the provisions of Title 53, Chapter 3, Part 5;

(b) failure to comply with any of the provisions of this rule;

(c) cancellation of surety bond as required in Section 6(2)(g) of this rule;

(d) providing false information in an application or form required by the division;

(e) commission of a violation of Section 7(1)(d) of this rule pertaining to moving violations or chargeable accident that results in a suspension or revocation of one's driver license;

(f) failure to permit the division or its representatives to inspect the school, classrooms, records, or vehicles used in the instruction of the school's students;

(g) conviction of any crime involving violence, dishonesty, deceit, indecency, degeneracy, drug or alcohol abuse, fraud, or moral turpitude;

(h) conviction of any fraudulent acts or practices by any partner, officer, agent or employee in relation to the business conducted under the license; or

(i) failure to appear for a hearing on any of the above charges; and

(j) violation of any of the provisions of this rule.

(2) Any proceeding to revoke, place on probation, or refuse to issue or renew an instructor license, operator license, commercial driver training school license or a testing only school license is hereby designated as an informal adjudicative proceeding under the Utah Administrative Procedures Act, Section 63-46b-4.

(3) Any licensee who has had a license revoked shall not be eligible to reapply for a license until six months have elapsed since the date of the revocation. The applicant will be required to complete an application for an original license and meet all applicable requirements for an original license as stated herein. In addition to the other fees provided for in section 4(2), the licensee shall be required to pay a $25.00 reinstatement fee for each license that was revoked to the division at the time of application for reinstatement.

(a) Upon receipt of a completed application for an instructor license, operator license, commercial driver training school license or a testing only school, and applicable documentation and fees, the division will conduct a review process as established by the division director in order to determine eligibility for reinstatement or re-licensure. Notice of a final decision will be made in writing by the division within twenty days of receipt of evidence that all applicable requirements have been met for reinstatement or re-licensure.

(b) In the event that a request for reinstatement is denied, the applicant will have an opportunity to request a hearing in writing within five days of receipt of the final decision made by the division.

(4) The following procedures will govern informal adjudicative proceedings:

(a) Action by the division to revoke, place on probation or refuse to issue or renew a license will be commenced by the division by the issuance of a notice of agency action. The notice of agency action will comply with the provisions of Section 63-46b-3.

(b) No response is required to the notice of agency action.

(c) An opportunity for a hearing will be granted on a revocation, probation or refusal to issue or renew a license if, within five days, the division receives in writing a request for a hearing.

(d) The licensee or applicant will receive written notice of the hearing at least ten days prior to the date of the hearing.

(e) No discovery, either compulsory or voluntary, will be permitted prior to the hearing except that all parties shall have access to information contained in the division's files, and to investigatory information and materials not restricted by law.

(f) The hearing shall be conducted by an individual, or panel, designated by the division.

(g) Within twenty days after the close of the hearing or after the failure of a party to appear for the hearing, the individual conducting the hearing shall issue a written decision which shall constitute final agency action. The written decision shall state the decision, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.

(5) When a commercial driver training school license or a testing only school is under investigation by the division or when a commercial driver training school license or a testing only school license has been revoked, placed on probation or refused renewal, or reinstatement the school license may not be transferred to another party.

(6) If a commercial driver training school license is revoked, placed on probation or refused renewal, the existing incomplete instruction permits and or classroom, behind-the-wheel, and observation training hours may not be transferred to another school for completion.

(7) If a commercial driver training school license is revoked or refused renewal under the emergency provisions of UAPA, Section 63G-4-502, all remaining incomplete instruction permits will be confiscated from the school and the school will not be authorized to conduct business unless otherwise determined at a hearing.

(8) If an instructor license is revoked, placed on probation, or refused renewal under the emergency provisions of UAPA, Section 63G-4-502, and the school license is valid, the school may continue operation provided that there is an instructor employed by the school with a valid instructor license, and that to allow operation will not compromise public safety.

(9) If an operator license is revoked, placed on probation, or refused renewal under the emergency provisions of UAPA, Section 63G-4-502, and the school license is valid, the school may continue operation provided that there is an operator employed by the school with a valid operator license, and that to allow operation will not compromise public safety.

(10) An instructor license, operator license, commercial driver training school license or a testing only school may be placed on probation upon approval of the director of the division in the event that a violation of this section has occurred and it has been determined that the violation was not committed maliciously or with intent to defraud the department or the public. During a period of probation, provided that the terms of the probation agreement are adhered to by the subject, the instructor license, operator license, commercial driver training school license or a testing only school license shall remain intact and the instructor, operator, or school will be allowed to continue operation.]

R708-2-1. Authority.

This rule is authorized by Section 53-3-505.

 

R708-2-2. Purpose.

Sections 53-3-501 through 509 require the Driver License Division to administer the Commercial Driver Training Schools Act by licensing and regulating commercial driver training schools and instructors of these schools. Rule R708-2 assists the division in implementing these sections.

 

R708-2-3. Definitions.

(1) "Crime of moral turpitude" means an offense under the statutes of this state or any other jurisdiction, which under the rules of evidence may be used to impeach a witness or includes:

(a) theft;

(b) tax evasion;

(c) issuing bad checks;

(d) deceptive business practices;

(e) perjury;

(f) extortion;

(g) falsifying government records;

(h) receiving stolen property;

(i) sex offenses;

(j) driving under the influence and alcohol related reckless driving;

(k) assault; and

(l) domestic violence offenses.

 

R708-2-4. Testing Only School Limitations.

(1) A testing only school may conduct behind-the-wheel or observation instruction, or both, upon approval by the division.

(2) A testing only school may not engage in education or training of persons, either practically or theoretically, to drive motor vehicles except under one of the following circumstances:

(a) when counseling the driver following a test in reference to errors made during the administration of the test; or

(b) when conducting behind-the-wheel or observation instruction as approved by the division.

(3) A tester may not test an individual who has completed any behind the wheel or observation instruction through the testing only school with which the tester is employed.

 

R708-2-5. Licensing Requirement for a Commercial Driver Training School.

(1) Every corporation, partnership or person who owns a commercial driver training school shall obtain a license from the division. Commercial driver training school license applications may be obtained from the Driver License Division at 4501 South 2700 West, Salt Lake City, Utah. Applicants are also responsible for obtaining any business licenses required by the municipality or county in which they are located. Commercial driver training School and business licenses must be conspicuously displayed in the licensee's principal place of business and branch offices. Each commercial driver training school shall be inspected by a division representative before it can be licensed.

(2) A license expires one year from the date of issued. The fee for an original license is $100. The annual fee for a renewal license is $100. The annual fee for each branch license is $30. Fees shall be payable to the Department of Public Safety. When a license is revoked, refused issuance, or reinstatement, no part of the fee will be refunded.

(3) Licenses are not transferable.

(4) When a license is lost or destroyed, a duplicate shall be issued upon payment of a fee of $10. A notarized affidavit setting forth the date the license was lost or destroyed and the surrounding circumstances shall be submitted to the division.

(5) When any commercial driver training school or branch office is discontinued, the commercial driver training school or branch office license shall be surrendered to the division within five days. The licensee shall state in writing the reason for the surrender.

(6) Any branch office or classroom facility in a location other than the commercial driver training school's principal place of business shall be separately licensed. A branch office shall meet the same requirements as the commercial driver training school's principal place of business and shall be similarly equipped and perform substantially the same services. Application for a branch office license shall be made on an application form provided by the division. Branch offices shall be inspected by a division representative before they may be licensed.

(7) Before becoming licensed, each commercial driver training school shall employ a licensed operator to operate the commercial driver training school and each branch office. The current licensed operator shall be identified on the application maintained by the division for each commercial driver training school or branch office. A single operator may operate multiple branch offices of the same school. When the operator discontinues employment with the commercial driver training school, a new operator shall be employed before continuation of operations and the operations of any branch offices for which the individual has been identified as the operator.

(a) An individual may not be employed with more than one commercial driver training school or testing only school at a time.

(8) Unless one school has been designated by the division as a testing only school, two or more schools owned by separate individuals and owned under different school names may not operate from the same facility or office space. A clear separation of the schools shall be identified, and each school shall comply with standards set forth in Rule R708-2.

(9) Each school or classroom facility shall post signs to identify the school by name as the school is listed on the school certification.

 

R708-2-6. Licensing Requirement for a Testing Only School.

(1) Every corporation, partnership or person who owns a testing only school shall obtain a school license from the division. School license applications may be obtained from the Driver License Division at 4501 South 2700 West, Salt Lake City, Utah. Applicants are also responsible for obtaining any business licenses required by the municipality or county in which they are located. School and business licenses must be conspicuously displayed in the licensee's principal place of business and branch offices. Each school shall be inspected by a division representative before it may be licensed.

(2) A license expires one year from the date of issue. The fee for an original license is $100. The annual fee for a renewal license is $100. The annual fee for each branch license is $30. Fees shall be payable to the Department of Public Safety. If a license is revoked, refused issuance, or reinstatement, no part of the fee will be refunded.

(3) Licenses are not transferable.

(4) When a license is lost or destroyed, a duplicate shall be issued upon payment of a fee of $10. A notarized affidavit setting forth the date the license was lost or destroyed and the surrounding circumstances shall be submitted to the division.

(5) When any school or branch office is discontinued, the school or branch office shall surrender its license to the division within five days. The licensee shall state in writing the reason for surrender.

(6) Any branch office in a location other than the school's principal place of business shall be separately licensed. A branch office shall meet the same requirements as the school's principal place of business and shall be similarly equipped and perform substantially the same services. Application for a branch office license shall be made on an application form provided by the division. A division representative shall inspect branch offices before they may be licensed.

(7) An individual may not be employed with more than one commercial driver training school or testing only school at a time.

(8) Unless one school has been designated by the division as a testing only school, two schools owned by separate individuals and owned under different school names may not operate from the same facility or office space. A clear separation of the schools shall be identified, and each school shall comply with standards set forth in Rule R708-2.

(9) Each school or classroom facility shall post signs to identify the school by name as the school is listed on the school certification

(10) It is not required that a testing only school maintain a classroom facility in the school or branch office location. A testing only school location and branch office shall have a designated area in which to maintain required files and records.

 

R708-2-7. Application for a Commercial Driver Training School License or a Testing Only School License.

(1) Application for an original or renewal commercial driver training school license or a testing only school license shall be made on forms provided by the division, signed by the applicant, and notarized. In the case of a partnership, the application shall be signed by each partner.

(2) In the case of a corporation, the application shall be signed by an officer of the corporation. Applications must be submitted at least 60 days prior to licensing. An appointment shall be made when the application is filed to have the school inspected by a division representative.

(3) Every application shall be accompanied by the following supplementary documents:

(a) samples of each form, receipt, and curriculum to be used by the school;

(b) a schedule of fees for each services to be performed by the school;

(c) a fingerprint card for each applicant, partner or corporate officer. A Bureau of Criminal Identification check shall be done by the division on each applicant, partner, and corporate officer. Applicants are responsible for paying the cost associated with the criminal history check. Fingerprints may be taken by any law enforcement agency. The division may require renewal applicants to submit new fingerprint cards and pay the cost associated with the criminal history check;

(d) a certificate of insurance for each vehicle used for driver training or testing purposes;

(e) a copy of each test and criterion, with answers, that the school requires in order for a student to satisfactorily complete the driver training course which are subject to approval of the division; including copies of translations;

(f) evidence that a surety bond has been obtained by the school in compliance with Section R708-2-8; and

(g) a certified copy of a certificate of incorporation as required in a case of a corporation.

(4) The division may require that a credit check be performed for each applicant. Based on the results of the credit check, the division may deny certification.

 

R708-2-8. Surety Bond Requirements.

(1) The amount of the surety bond shall be determined by the division with the use of a formula that incorporates the number of students that the school is capable of instructing over a period of three months based on its facility, equipment, personnel, and the tuition that would be collected from each student, with a minimum requirement of $5,000 coverage and a maximum requirement of $60,000 coverage.

(2) When, at any time, there is a change in the number of instructors, the number of vehicles, or the size of the classroom facility, the division shall reevaluate the amount of the required surety bond and adjust it accordingly.

(3) Cancellation of the surety bond is grounds for revocation, probation, or refusal to issue or renew the school license. A school designated by the Department of Public Safety as a testing only school may not be required to obtain a surety bond unless it has been authorized by the division to conduct behind-the-wheel training.

(4) A school that does not charge tuition for driver education is not required to maintain a surety bond.

 

R708-2-9. Application Requirements for a Commercial Driver Training School Instructor License.

(1) Every person who serves as an instructor in a commercial driver training school, including the owner, operator, partner or corporate officer of the licensee, substitute or part-time instructor, shall obtain an instructor's license from the division. This license shall be valid only for the specific driver training school listed on the license.

(2) A license expires one year from issue date. The fee for an original license is $30. The annual fee for a renewal license is $20. Fees shall be payable to the Department of Public Safety. If a license is revoked, refused issuance, or refused renewal, no part of the fee shall be refunded.

(3) Licenses are not transferable.

(4) When an instructor license is lost or destroyed, a duplicate shall be issued upon payment of a fee of $6. A notarized affidavit setting forth the date the license was lost or destroyed and the surrounding circumstances shall be submitted to the division.

 

R708-2-10. Application Requirements for a Commercial Driver Training School Operator License.

(1) Every person who serves as an operator of a commercial driver training school, including the owner, operator, partner or corporate officer of the licensee, substitute or part-time instructor, shall obtain an operator license from the division. This license shall be valid only for the specific driver training school listed on the license.

(2) A school operator license is not valid unless accompanied by a valid instructor license.

(a) Requirements for licensure as a school operator include:

(i) six college semester credit hours;

(ii) eight college quarter credit hours in business related courses through an accredited college or university;

(iii) two years experience operating a business; or

(iv) any combination thereof.

(b) An applicant for operator shall submit evidence by form of transcripts or resume as proof of this requirement.

(c) Each potential school operator shall submit to the division a business plan. The plan shall contain written acknowledgement of reading, understanding, and a willingness to comply with Rule R708-2. The plan shall also describe how the school will meet the requirements of R708-2. The division shall approve the business plan prior to licensure.

(d) Individuals functioning in the capacity of a commercial driver training school operator prior to January 1, 2003, shall not be required to comply with Subsection R708-2-10(2)(c).

(3) An expired license expires one year from the date issued.

(4) Licenses are non-transferable.

(5) When an operator license is lost or destroyed, a duplicate shall be issued upon request. A notarized affidavit setting forth the date the license was lost or destroyed and the surrounding circumstances shall be submitted to the division.

 

R708-2-11. Additional Requirements for Commercial Driver Training School Instructors.

(1) In addition to obtaining a license, a commercial driver training school instructor shall:

(a) have a valid Utah driver license;

(b) be at least twenty one years of age;

(c) have at least three years of driving experience in the United States, Canada, or a country with which the state of Utah has established a license reciprocity agreement;

(d) have a driving record free:

(i) of a conviction for a moving violation; or

(ii) of a chargeable accident resulting in suspension or revocation of the driver license during the two year period immediately prior to application and during employment;

(e) be checked to determine if there is an unsatisfactory driving record in any state;

(f) be in acceptable physical condition as required by Section 12;

(g) complete specialized professional preparation in driver safety education consisting of at least 21 quarter hours, or 14 semester hours of credit as approved by the division. Of the 21 quarter hours or 14 semester hours, one class shall be in teaching methodology and another class shall include basic driver training instruction or organization and administration of driver training instruction;

(h) pass a written test given by the division which may cover the following:

(i) commercial driver training school rules;

(ii) traffic laws;

(iii) safe driving practices;

(iv) motor vehicle operation;

(v) teaching methods and techniques;

(vi) statutes pertaining to commercial driver training schools;

(vii) business ethics;

(viii) office procedures and record keeping;

(ix) financial responsibility;

(x) no fault insurance;

(xi) procedures involved in suspension or revocation of an individual's driving privilege;

(xii) material contained in the "Utah Driver Handbook"; and

(xiii) traffic safety education programs;

(i) pass a practical driving test;

(j) pass the same standard eye test that is given to applicants who apply for a Utah operator or commercial driver license; and

(k) submit a fingerprint card for a criminal history check and pay the cost associated with the criminal history check.

(2) Commercial driver training schools shall be responsible for sponsoring, controlling, and supervising the actions of instructors.

(a) No school may knowingly employ any instructor if the instructor has been convicted of or there are reasonable grounds to believe that the instructor has committed a felony or a crime of moral turpitude.

(3) The instructor's license must be in the possession of the instructor at all times while providing behind-the-wheel or classroom instruction.

 

R708-2-12. Application and Medical Requirements for a Commercial Driver Training School Instructor License.

(1) Application for an original or renewal instructor's license shall be made on forms provided by the division, signed by the applicant and notarized. Applications shall be submitted at least 60 days prior to licensing.

(2) The original and each yearly renewal application shall be accompanied by a medical profile form provided by the division and completed by a health care professional as defined in Subsection 53-3-302(2).

(3) The medical profile form shall indicate any physical or mental impairments that may preclude service as a commercial driver training school instructor. The physical examinations shall take place no earlier than three months prior to application.

(4) The commercial driver training school desiring to employ the applicant as an instructor shall sign the application verifying that the applicant is employed by the school.

(5) When deemed necessary by the division, an applicant seeking to renew an instructor's license may be required to take a driving skills test.

(6) When deemed necessary by the division, an applicant seeking to renew an instructor license may be required to resubmit a fingerprint card for a criminal history check and pay the cost associated with the criminal history check.

 

R708-2-13. Additional Training Requirements.

All holders of school licenses, operator licenses, and instructor licenses may at the discretion of the division be required to attend training by the division regarding new statutes or rules.

 

R708-2-14. Classroom and Behind-The-Wheel Instruction.

(1) Classroom instruction for students shall meet or exceed 18 hours and shall be conducted in not less than nine separate class sessions on nine separate days of two hours per class. Each classroom session shall be numbered to be identified on the student record. Classroom curriculum may not be repeated in any of the nine sessions provided to a student except in the form of a review of materials covered in a previous classroom session.

(a) The time frame allotted for review is not to exceed 10 ten minutes per classroom session. Not more than five of the classroom hours may be devoted to showing slides or films. Instructors shall not use or do anything that may distract their attention away from the classroom instruction,. For example, use of phones or other electronic devices, reading, sleeping, or helping walk-in customers while conducting any classroom training.

(b) Classroom instruction shall cover the following areas:

(i) attitudes and physical characteristics of drivers;

(ii) driving laws with special emphasis on Utah law;

(iii) driving in urban, suburban, and rural areas;

(iv) driving on freeways;

(v) basic maintenance of the motor vehicle;

(vi) affect of drugs and alcohol on driving;

(vii) motorcycles, bicycles, trucks, and pedestrian's in traffic;

(viii) driving skills;

(ix) Utah's motor vehicle laws regarding financial responsibility and no fault insurance, and a driver's responsibility when involved in an accident; and

(x) suspension or revocation of a driver license.

(2) Behind-the-wheel includes instruction a student receives while driving a commercial driver training vehicle or while operating a driving simulator. Instruction shall include a minimum of six hours of instruction in a dual-control vehicle with a licensed instructor. Each student shall be limited to a maximum of two hours of behind-the-wheel instruction per day. An instructor may not conduct more than ten hours of behind-the-wheel instruction within a period of 24 hours and must have at least eight consecutive hours of off-duty time between each ten hour shift.

(a) The instructor and no more than one student shall occupy the front seat of the vehicle. Under no circumstances shall there be more than five individuals in the vehicle. Instructors shall not use or do anything that may distract their attention away from the student driver. Instructors may not use cellular phones or other electronic devices, read, sleep, or engage in other similar distracting behaviors while conducting behind-the-wheel training.

(b) behind-the-wheel instruction shall include student practice in using vehicle controls to start, shift gears, make right and left turns, stop, backup, and park. This instruction shall begin under relatively simple conditions and progress until the student has acquired reasonable skill in operating the vehicle under varying traffic conditions;

(c) students shall receive experience in driving on urban streets, open highways, or freeways. Behind-the-wheel instruction shall include the experience of driving under variable conditions which may be used by the instructor at different times of the day and year. Special emphasis should be given to teaching students to show courtesy to other drivers and pedestrians;

(d) students may receive behind-the-wheel training in a driving simulator. If the simulator is fully interactive the student will receive behind-the-wheel training in the ratio of two hours driving the simulator and receive one hour of behind-the-wheel driving. If the simulator is non-fully interactive the student will receive behind-the-wheel training in the ratio of four hours driving the simulators and receive one hour of behind-the-wheel driving. An instructor shall be present at all times during all simulator training. The division shall approve all simulators prior to training.

(e) each student will be limited to a maximum of either two hours of behind-the-wheel instruction or two hours of simulation instruction per day;

(f) students shall receive a minimum of six hours of observation time to observe the instructor, other student drivers and other road users. This instruction may include instructor demonstrations, for which hour for hour credit will be given, and may not exceed two hours per day. Students observing from the rear seat, as well as the student driver, should benefit from time in the vehicle. The instructor's role is not merely to provide driving experience for the student behind-the-wheel, but to make the vehicle a practical classroom on wheels where all students may learn about the problems which face a driver and the appropriate solution to such problems;

(g) behind-the-wheel instruction may not be conducted for a student unless the student has been issued a learner permit by the division or the student is in possession of a valid Utah driver license, a temporary permit issued by the division, or a valid out of state or out of country driver license; and

(h) while conducting behind-the-wheel instruction, students and instructors shall adhere to any driving restrictions listed on the learner permit.

(3) All classroom and behind-the-wheel instruction shall be conducted by an individual who is licensed as a commercial driver training school instructor as specified in Rule R708-2.

(a) Unless the division grants approval to a commercial driver training school to provide classroom instruction from an unlicensed expert, such as a police officer on a limited basis, the school may not conduct classroom or behind-the-wheel instruction or allow another individual to conduct classroom or behind-the-wheel instruction without an instructors license.

(4) Commercial driver training schools shall provide each student a copy of the current Utah Driver Handbook. The handbook may not be used as the sole text of the course, but as an essential aid when Utah traffic laws are studied. Handbooks may be obtained by the commercial driver training schools from the division.

 

R708-2-15. Extended Learning Course.

(1) A commercial driver training school may offer an extended learning course of instruction as a substitute for the classroom instruction set forth in Section R708-2-11 provided an institution of higher learning and the division approve the course.

(2) An institution of higher learning shall direct any operations of an extended learning course. The institution of higher learning shall notify the division in writing when it has approved a commercial driver training school's extended learning course. The institution of higher learning will monitor any approved extended learning course to ensure the course runs as originally planned.

(a) The institution of higher learning shall notify the division of any substantive changes in the course as well as any approval of changes. The institution of higher learning may approve the extended learning course of more than one commercial driver training school.

(3) An extended learning course shall consist, at a minimum, of:

(a) a text;

(b) a workbook; and

(c) a 50 question competency test that addresses the subjects described in Subsection R708-2-11.

(4) All materials, including texts, workbooks, and tests, used in the course shall be submitted by the commercial driver training school to the division for approval.

(5) The average study time required to complete the workbook exercises shall meet or exceed 30 hours.

(6) An extended learning student must complete all workbook exercises.

(7) An extended learning student shall pass the 50 question written competency test with a score of 80% or higher.

(8) Testing shall occur under the following conditions:

(a) the extended learning student shall take the test at the commercial driver training school or proctored testing facility approved by the division;

(b) the identity of the extended learning student shall be verified by the licensed instructor prior to testing;

(c) the extended learning student shall complete the test without any outside help;

(d) the commercial driver training school shall maintain, at least, three separate 50- question competency tests created from a test pool of at least 200 questions;

(e) the extended learning student shall be given a minimum of three opportunities to pass the test. After each failure, the commercial driver training school or approved proctored testing facility shall provide the student with additional instruction to assist the student to pass the next test;

(f) the original fees for the course shall include the three opportunities to pass the test and any additional instruction required;

(g) an extended learning student shall pass the test in order to complete driver training; and

(h) the commercial driver training school shall maintain for four years records of all tests administered. Test records shall include the results of all tests taken by every student.

 

R708-2-16. Completion Certificates.

(1) Upon completion of the requirements of the driver training course, the commercial driver training school shall release to the student a form consisting of a certificate of training and a certificate of completion that shall be signed by the instructor.

(2) The student shall present the certificate of completion to the division when the student makes application for a driver license.

(3) Duplicate certificates of completion may be obtained for $5.

(4) After the division has provided notice to a commercial driver training school of intent for agency action to occur, it is a violation of Rule R708-2 for the commercial driver training school to allow students to enroll in a driver training course to accept money from students.

(5) In the event the division revokes or refuses licensure renewal to the commercial driver training school, access to the division record keeping program will be denied immediately.

 

R708-2-17. Commercial Driver Training Vehicles.

(1) Commercial driver training vehicles used for behind-the-wheel instruction shall be properly registered, maintained in safe mechanical condition, and equipped with the following:

(a) functioning dual control brakes;

(b) outside and inside mirrors for the driver for the purpose of observing rearward;

(c) inside mirror for the instructor, for the purpose of observing rearward;

(d) a separate seat belt for each occupant;

(e) functioning heaters and defrosters; and

(f) a functioning fire extinguisher, first aid kit, safety flares and reflectors.

(2) Students shall receive instruction in either standard shift or automatic transmission vehicles. The commercial driver training school shall have the option of choosing the type of transmission.

(3) If instruction is given in snow or on icy road surfaces, tire chains or snow tires shall be used in compliance with local police or highway patrol recommendations.

(4) Vehicles shall be capable of passing a state safety inspection at all times during their instructional use. Failure to maintain a vehicle in safe operating condition is grounds for the revocation of the license of the commercial driver training school operating the vehicle. The division may require additional safety testing of the vehicle in addition to the state safety inspection. The commercial driver training school will be responsible for any additional costs that may be assessed.

(5) Vehicles unable to meet safety standards shall be replaced by the commercial driver training school.

(6) It is the responsibility of the commercial driver training school to notify the division of any vehicle added to or deleted from their fleet. No vehicle may be used for driver training until it passes inspection by the division.

(7) Each vehicle used by a commercial driver training school for driver training shall be properly identified to safeguard against accidents. A vehicle is properly identified when the words "STUDENT DRIVER" are displayed on the front and rear and on both the left and right sides of the vehicle. The letters shall be at least three inches in height.

(8) Advertising or other markings on the vehicle for identifying or advertising the commercial driver training school shall be approved by the division and should not distract from the words "STUDENT DRIVER".

 

R708-2-18. Notification of Accident.

If any driver training vehicle is involved in an accident during the course of instruction, the commercial driver training school shall notify the division in writing within five working days of the date of the accident and submit to the division a copy of the investigating law enforcement officer's accident report as soon as it is available.

 

R708-2-19. Insurance.

(1) Each commercial driver training school or testing only school must file with the division evidence of the minimum required insurance with an insurance company authorized to do business in Utah. Each commercial driver training school or testing only school shall maintain suitable insurance coverage on each vehicle used in the driver training program sufficient to protect the instructor, students, and the public. The minimum insurance coverage is that required by the Utah Insurance Code, in Title 31A, Chapter 22, Part 3.

(2) The insurance company supplying the policy shall furnish to the division a certificate of insurance and shall notify the division immediately upon cancellation of the insurance. Operation of a vehicle without the required minimum insurance coverage shall be grounds for revocation of the license.

 

R708-2-20. Contracts.

(1) A student shall not be given lessons, lectures, tutoring or any other service relating to instruction in driver training, unless a written contract approved by the division has been executed by the commercial driver training school and the student.

(a) Both the student and a representative of the commercial driver training school authorized to enter into a contract and listed on the application shall sign the contract. When the student is under 18 years of age, the contract shall also be signed by a parent or legal guardian prior to any instruction.

(2) A copy of the contract shall be given to the student and the original retained by the commercial driver training school.

(3) The commercial driver training school shall provide the student with a receipt upon payment. The commercial driver training school shall maintain a copy of all receipts.

 

R708-2-21. Records.

(1) Each commercial driver training school shall use the division's record keeping computer program to maintain the following:

(a) records for all students showing name, date of birth, type of training, date, exact time of day for the beginning and ending of all training administered;

(b) names of the instructors giving lessons or instruction; and

(c) identification of the vehicle license plate number or simulator in which any behind-the-wheel and observation instruction is given.

(2) Records shall be updated within 24 hours of instruction for each student.

(a) maintain original copies of the student contracts and receipts, current vehicle insurance information, and surety bond information;

(3) Each commercial driver training school:

(a) shall maintain accurate and current records;

(b) shall review the records of all schools at least annually; and

(c) may observe the instruction given both in the classroom and behind the wheel.

(4) The division shall review the operation of the commercial driver training school when the division deems necessary.

(5) The loss or destruction of any record that a commercial driver training school is required to maintain shall be immediately reported by affidavit stating:

(a) the date the record was lost or destroyed; and

(b) the circumstances involving the loss or destruction.

(6) The commercial driver training school shall retain all records for four years.

(7) When deemed necessary by the division, the commercial driver training school shall make the records available for the purpose of conducting an audit.

(a) When making the records available for audit purposes, the division shall provide a receipt to the commercial driver training school operator which will include:

(i) the name and location of the commercial driver training school;

(ii) the date of removal of records;

(iii) information that specifies all records removed;

(iv) the signature of the operator; and

(v) the signature of a division representative.

(8) Upon return of the records, the receipt shall be updated to reflect the date the records were returned, the signature of the operator, and the signature of the division representative returning the records.

(9) The division shall hold the records for the minimum amount of time necessary so an audit may occur without creating an unnecessary hardship or inconvenience.

(a) Each commercial driver training school shall provide all records to the division immediately upon request for the purpose of an audit or review. When a hearing occurs subsequent to an audit, records not provided by the commercial driver training school at the time of the audit may not be considered as evidence during the hearing.

 

R708-2-22. Advertising and School Location.

(1) Commercial driver training schools and testing only schools may not imply or expressly guarantee that a driver license is assured. The display of a sign such as "Driver License Secured Here" is prohibited.

(2) A commercial driver training school or testing only school may display on its premises a sign reading, "This School is Licensed by the State of Utah."

(3) No commercial driver training school or testing only school may solicit business directly or indirectly or display or distribute any advertising material within 1500 feet of a building in which vehicle registrations or driver licenses are issued to the public.

(4) In municipalities having a population of 50,000 or more, no license will be issued for a commercial driver training school or testing only school if the school's place of business is located within 1500 feet of a facility in which vehicle registrations or driver licenses are issued to the public. When either school is established in a location prior to the origination of a facility located within 1500 feet of the school in which vehicle registrations or driver licenses are issued to the public, the school may continue operation. However, the school's location may not be transferred to another corporation, partnership, or owner, under the same school name or a different school name.

(5) No commercial driver training school or testing only school may change its place of business or location without prior approval from the division.

(6) Each commercial driver training school shall provide classroom space, either in its own building or in any other building approved by the division. The classroom shall have seating for all students, access to sanitary facilities, and appropriate training aids, including blackboards, charts, and projectors. Classroom facilities and buildings shall comply with federal, state, and local building, fire, safety and health codes.

(7) No commercial driver training school or testing only school may use any Department of Public Safety, Driver License Division logos, letterhead, or license recreations as part of their advertising.

 

R708-2-23. Change of Address, Employees, and Officers.

(1) A commercial driver training school or testing only school shall immediately notify the division in writing when there is any change in residence or business address of owner operator, partner, officer, or employee of the school.

(2) The commercial driver training testing only school shall immediately notify the division in writing when there is any change in the owner or the operator and shall provide the same information that would be required on an original application by the corporation.

(3) Failure to notify the division of any change of address, of the owner or the operator is grounds for revocation of the school license.

(4) The commercial driver training school or testing only school shall immediately notify the division in writing of any employee no longer employed by the school. Failure to notify the division of change is grounds for revocation.

 

R708-2-24. Change in Ownership.

(1) When any ownership change occurs in the commercial driver training school or testing only school, the school shall immediately notify the division in writing by the new owner and a new application shall be submitted.

(a) An application shall be considered a renewal when one or more of the original licensees remain part owner of the school. When the change in ownership involves a new applicant not named in the application for the last current license or renewal license of the school, the license shall be considered a new application.

(2) The division may permit continuance of the commercial driving training school or testing only school by the current licensee, pending processing of the application made by the new applicant to whom ownership of the school is to be transferred.

(3) Upon issuance of the new license, the prior license shall be immediately surrendered to the division. Refund of any part of the license fee is not permitted.

 

R708-2-25. Grounds for Revocation, Probation or Refusal to Issue or Renew Instructor License, Operator License, or School License.

(1) Following a hearing, the division may revoke, place on probation, or refuse to renew a license for either an instructor or operator of a commercial driver training school or a testing only school.

(a) The division may also refuse to issue a license for an instructor, operator, commercial driver training school or a testing only school.

(b) A license may be revoked, placed on probation or refused for renewal for any of the following reasons:

(i) failure to comply with any of the provisions of Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;

(ii) failure to comply with any of the provisions of Rule 708-2;

(iii) cancellation of surety bond as required in Subsection R708-2-8;

(iv) providing false information in an application or form required by the division;

(v) violation of Subsection R708-2-11 pertaining to moving violations or an accident that results in a suspension or revocation of a driver license;

(vi) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used in instruction;

(c) conviction of a felony, or conviction of or reasonable grounds to believe an instructor has committed, a crime of moral turpitude;

(d) conviction of a felony, or conviction of or reasonable grounds to believe any licensee has committed a crime of moral turpitude; and

(i) failure to appear for a hearing on any of the above charges.

(2) Any proceeding to revoke, place on probation, or refuse to issue or renew an instructor license, operator license, commercial driver training school license or a testing only school license is an informal adjudicative proceeding under the Utah Administrative Procedures Act, Section 63G-4-202.

(3) Any licensee who has had a license revoked shall not be eligible to reapply for a license until six months have elapsed since the date of the revocation. The applicant shall complete an application for an original license and meet all applicable requirements for an original license. In addition to the other fees provided in Subsection R708-2-5, the licensee shall be required to pay a $75 reinstatement fee for each license revoked to the division upon application for reinstatement.

(a) Upon receipt of a completed application for an instructor license, operator license, commercial driver training school license or a testing only school, and applicable documentation and fees, the division shall conduct a review process as established by the division director in order to determine eligibility for reinstatement or re-licensure.

(b) Notice of final decision shall be in writing by the division within twenty days of receipt of evidence that all requirements have been met for reinstatement or re-licensure.

(c) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within five days of receipt of the final decision of the division.

 

R708-2-26. Procedures Governing Informal Adjudicative Proceedings.

(1) The following procedures will govern informal adjudicative proceedings:

(a) the division shall commence an action to revoke, place on probation, or refuse to issue or renew a license by the issuance of notice of agency action. The notice of agency action shall comply with the provisions of Subsection 63G-4-201;

(b) no response is required to the notice of agency action;

(c) an opportunity for a hearing shall be granted on a revocation, probation or refusal to issue or renew a license when the division receives in writing a proper request for a hearing;

(d) the division will send written notice of a hearing to the licensee or applicant at least ten days prior to the date of the hearing;

(e) no discovery, either compulsory or voluntary, shall be permitted prior to the hearing except that all parties shall have access to information in the division's files, and to investigator information and materials not restricted by law;

(f) the division shall designate an individual or panel to conduct the hearing; and

(g) within twenty days after the date of the close of the hearing or after the failure of a party to appear for the hearing, the individual or panel conducting the hearing shall issue a written decision which shall constitute final agency action. The decision shall state the decision, the reason for the decision, notice of right to request reconsideration under Subsection 63G-4-302, notice of right of judicial review under Subsection 63G-4-402, and the time limits for filing an appeal to the appropriate district court.

(2) A commercial driver training school, after being notified of the division's intent to take action, may not transfer any contracts, records, properties, training activities, obligations, or licenses to another party.

(3) If a commercial driver training school license is revoked, placed on probation or refused renewal, the existing classroom, behind-the-wheel, and observation training hours may not be transferred to another school for completion.

(4) If a commercial driver training school license is revoked or refused renewal under the emergency provisions of the school shall not be authorized to conduct business unless otherwise determined at a hearing.

(5) If an instructor license is revoked, placed on probation, or refused renewal under the emergency provisions of Section 63G-4-502, and the school license is valid, the school may continue operation provided that an instructor employed by the school with a valid instructor license ensures operation does not compromise public safety.

(6) If an operator license is revoked, placed on probation, or refused renewal under the emergency provisions of Section 63G-4-502, and the school license is valid, the school may continue operation provided that an operator employed by the school with a valid operator license ensures operation does not compromise public safety.

(7) An instructor license, operator license, commercial driver training school license or a testing only school license may be placed on probation upon approval of the director of the division or designee.

(a) Any licensee placed on probation shall be subject to a period of close supervised probation conditions to be determined by the division. During a period of probation, provided that the terms of the probation agreement are adhered to by the probationer licensee. The instructor license, operator license, commercial driver training school license or a testing only school license shall remain intact and the instructor, operator, or school will be allowed to continue operation.

 

KEY: driver education, schools, rules and procedures

Date of Enactment or Last Substantive Amendment: [August 17, 2004]2008

Notice of Continuation: March 2, 2007

Authorizing, and Implemented or Interpreted Law: 53-3-505