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.