Qualifications and Requirements. In order to receive and maintain Certification and become an authorized organization to administer CDL testing, an AO must meet the following conditions. AO Application for All Entities Make application to, and if approved, enter into this agreement with the Department. Maintain at least one permanent, regularly occupied structure in Texas with a permanent Texas physical address. Own or lease, in the name of the driver training school or school owner, at least one Class A or B (Group) CMV that requires a CDL and is specific to the type of skills test being administered. Regional Education Service Centers that do not own or lease at least one Class A or B (Group) CMV and that are serving as an AO for a School District must present to the Department an agreement between the Regional Education Service Center and the School District certifying that the School District owns or leases at least one Class A or B (Group) CMV and the Regional Education Service Center has authorization to use the vehicle(s) for skills testing. Vehicles used for skills testing must have a current registration and safety inspection. Conduct at least ten complete CDL skills tests per calendar year, with the calendar year beginning every January 1. A complete CDL skills test includes the pre‐trip, basic control skills , and road test. For those Examiners who completed their CCE course training during the latter part of the year and are unable to conduct ten complete CDL skills tests in that calendar year, the Department considers this requirement met since a State examiner observed the successful administration of at least one skills test during the CCE course training. Starting the following calendar year, the Examiner must conduct the ten complete CDL skills tests. AO must have been in continual operations for 365 days immediately preceding the date of application to become an AO. An existing AO business may be purchased for continued operation by a new organization; however, the new owner or lessor is required to apply as an original AO Applicant. Any existing or previous violation(s) cited by the Department at the physical location will be transferred to the new owner or lessor. Must ensure an Examiner’s Certification is submitted for each person in their employment who will be conducting knowledge or skills tests or both. Employ at least one Examiner who has been certified after meeting the qualification requirements of the Department. Conduct State and federal nationwide criminal background checks at the AO’s cost for each of its Examiners and require additional checks as needed for cause. Conduct all portions of the CDL test in Texas. Maintain a basic control skills course in Texas and road test route that meets the requirements outlined in the CDL Skills Testing Manual. Skills Testing Pads must be approved by the Department. Road tests routes must be no less than thirty minutes to complete. The secondary route must not mirror the primary route. An AO can share another AO’s Skills Testing Pad as long as there is a formal written agreement between the two companies that can be provided to the Department at the time of the inspection. This formal written agreement must clearly indicate a schedule of when the Skills Testing Pad will be used by each AO. The Department must approve basic control skills course(s) and CDL road test route(s) before a CDL skills test can be administered by an AO. The Department must approve any changes or modifications before a test is administered using the change or modification. Road test routes must be approved by the Department and a copy of the route(s) must be on file at each testing location. Examiners and the Designated Responsible Person (DRP) are required to attend periodic training sessions when notified by the Department. The CDL tests being administered by the AO must be the same as that administered by the Department. Maintain a valid and operational telephone number for contact by the Department as needed. Maintain the hours of operation on file with the Department. Maintain a surety bond in the amount of $25,000 for each Examiner employed and provide evidence of meeting this requirement to the Department. The company issuing the surety bond must be authorized to conduct business in Texas. Maintain at least the minimum amount of insurance coverage required under Texas Transportation Code § 601.072 and provide evidence of meeting this requirement to the Department. The insurance company must be authorized to conduct business in Texas. Through advertising or by any other method, the AO may not indicate that the AO can issue a CDL, imply that the AO can influence the Department in the issuance of a CDL, or imply that the AO can obtain preferential treatment from the Department. An AO may not use any Department or state seal or insignia or an insignia or design that is deceptively similar to such a seal in any advertising or promotional materials. An AO that is certified by the Department may, in their advertising, state that they are “certified,” but will not indicate that the AO is approved, sanctioned, or in any way endorsed by the Department and will not use any other name besides the name on its application for certification, nor will the AO use “state” in any part of its name unless it is a government entity with the right to that name. AO must defend, indemnify, and hold harmless the State of Texas and the Department, and their officers, agents, employees, representatives, contractors, assignees, or designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or omissions of AO or its agents, employees, or subcontractors in the execution or performance of this Agreement. The defense must be coordinated by AO with the office of the Texas Attorney General (OAG) when Texas state agencies are named defendants in any lawsuit and AO may not agree to any settlement without first obtaining the concurrence from OAG. AOs and the Department agree to furnish timely written notice to each other of any such claim. Additional Information for Governmental Entities Applying to Become an AO The insurance and indemnification clauses in Section 5.1 do not apply to a Governmental Entity. An Independent School District (ISD) not certified to administer CDL testing is permitted to enter into an agreement with another ISD or Regional Education Service Center that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL tests to Employees of the non‐certified school district. The 20 Regional Education Service Centers may enter into an agreement with the Department to administer the CDL test to Independent School District Employees in their service area. A Regional Education Service Center that is not certified to administer CDL testing is permitted to enter into an agreement with another Regional Education Service Center or ISD that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL test to the Employees of the non‐certified Regional Education Service Center. An ISD that is not certified to administer CDL testing is permitted to enter into an agreement with a Regional Education Service Center that has been authorized by the Department to administer CDL testing for the purposes of administering tests to Employees of the non‐ certified ISD. A Governmental Entity not certified to administer CDL testing is permitted to enter into an agreement with another governmental entity that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL tests to Employees of the non‐certified government entity. A Governmental Entity not certified to administer CDL testing is NOT permitted to enter into an agreement with an ISD or Regional Education Service Center that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL tests to Employees of the non‐certified government entity. An ISD or Regional Education Service Center that has been authorized by the Department to administer CDL testing is NOT permitted to enter into an agreement with a governmental entity for the purposes of administering the CDL tests to Employees of the non‐certified government entity. Denial of Application The Department will deny an original application or an application for renewal: of any entity that submits a fraudulent application; any entity that owes a debt or delinquency to the State of Texas; of any entity that does not include an application for a Designated Responsible Person (DRP) at the time of original application; when the AO Applicant’s physical location does not meet applicable Texas Accessibility Standards; when the physical address is not recognized by the U.S. Postal Service; or any violation of this Agreement. Designated Responsible Person Requirements In order to be certified as an AO, the AO must employ a Designated Responsible Person who will comply with the requirements listed in this section. The AO must provide evidence, satisfactory to the Department, that the Designated Responsible Person selected by the AO meets the requirements in Section 5.5. (Testing Examiner Requirements). May or may not be an Examiner. Ensure AO agreements, Examiner documentation, and AO updates are sent to the Department’s Third Party Issuance Section, as required. The Department will place all companies on a four‐ year renewal cycle for these requirements. Must make available a monthly CDL test Activity Report to the Department’s Third Party Issuance Section no later than the 10th day of each month. For example, a report for January 2021 is due to the Third Party Issuance Section no later than February 10, 2021. Reports are required even if no tests were administered. Be accountable for the maintenance and security of all driver files. Notify the Department’s Third Party Issuance Section in writing within 24 hours of the AO identifying or being made aware that an Examiner has been arrested, charged, or convicted of a crime or has any cancellation, suspension, or revocation of their driving privilege. Ensure only Examiners certified by the Department are permitted to administer CDL tests and that those tests are administered in accordance with FMCSA and Department guidelines. Inform Examiners of any changes regarding CDL test administration or paperwork requirements as directed by the Department. Notify the Department’s Third Party Issuance Section in writing (within ten business days) of any changes in status of an Examiner, Designated Responsible Person, or AO, including any: terminations (if an Examiner is no longer employed, a completed form CDL‐19 is required); withdrawals from the program; email address changes; relocations; or mailing address changes. Use and obtain the correct required reports and score sheets from the Department. Must attend all advance Training courses, workshops, seminars, and other instructional meetings, as required by the Department. Testing Examiner Requirements Only a Department approved AO may submit an application for an Examiner. The AO must provide evidence, satisfactory to the Department, that the Examiner selected by the AO, meets the requirements in this section. Must be Domiciled in Texas. Exceptions are permitted for current and active duty military personnel and their spouses or dependents seeking CDL Examiner status, provided they can prove their required permanent change of station documents. These Examiners will have Out‐ Of‐State driver licenses and must provide the Department with a certified driver record from their “State of record”. The Department reserves the right to require additional record checks should the Department determine it has probable cause or deems it necessary during their participation in the program. Examiners must be fingerprinted and a nationwide criminal background check must be performed as required in FMCSR, 49 CFR § 384.228(g) and (h), paid for by the AO. Criteria for not passing the criminal background check includes the following. Any felony conviction within the last ten years. Any conviction involving fraudulent activities. An entering of an order of deferred adjudication for a felony, until five years after court supervision ceased and the case was dismissed.
Appears in 1 contract
Sources: Texas Commercial Driver License Third‐party Testing Provider Agreement
Qualifications and Requirements. In order to receive and maintain Certification and become an authorized organization to administer CDL testing, an AO organization must meet the following conditions. AO Application for All Entities Make application to, and if approved, enter into this agreement with the Department. Maintain at least one permanent, regularly occupied structure in Texas with a permanent Texas physical address. Own or lease, in the name of the driver training school or school owner, at least one Class A or B (Group) CMV that requires a CDL and is specific to the type of skills test being administered. Regional Education Service Centers that do not own or lease at least one Class A or B (Group) CMV and that are serving as an a AO for a School District must present to the Department an agreement between the Regional Education Service Center and the School District certifying that the School District owns or leases at least one Class A or B (Group) CMV and the Regional Education Service Center has authorization to use the vehicle(s) for skills testing. Vehicles used for skills testing must have a current registration and safety inspection. Conduct at least ten complete CDL skills tests per calendar year, with the calendar year beginning every January 1. A complete CDL skills test includes the pre‐trippre-trip, basic control skills control, and road testtrip. For those Examiners who completed their CCE course training during the latter part of the year and are unable to conduct ten complete CDL skills tests in that calendar year, the Department considers this requirement met since a State examiner observed the successful administration of at least one skills test during the CCE course training. Starting the following calendar year, the Examiner must conduct the ten complete CDL skills tests. AO must have been in continual operations for 365 days immediately preceding the date of application to become an AO. An existing AO business may be purchased for continued operation by a new organization; however, the new owner or lessor is required to apply as an original AO Applicant. Any existing or previous violation(s) cited by the Department at the physical location will be transferred to the new owner or lessor. Must ensure an Examiner’s Certification is submitted for each person in their employment who will be conducting knowledge or skills tests or both. Employ at least one Examiner who has been certified after meeting the qualification requirements of the Department. Conduct State and federal nationwide criminal background checks at the AO’s cost for each of its Examiners and require additional checks as needed for cause. Conduct all portions of the CDL test in Texas. Maintain a basic control skills course in Texas and road test route that meets the requirements outlined in the CDL Skills Testing Manual. Skills Testing Pads must be approved by the Department. Road tests routes must be no less than thirty minutes to complete. The secondary route must not mirror the primary route. An AO can share another AO’s Skills Testing Pad as long as there is a formal written agreement between the two companies that can be provided to the Department at the time of the inspection. This formal written agreement must clearly indicate a schedule of when the Skills Testing Pad will be used by each AO. The Department must approve basic control skills course(s) and CDL road test route(s) before a CDL skills test can be administered by an AO. The Department must approve any changes or modifications before a test is administered using the change or modification. Road test routes must be approved by the Department and a copy of the route(s) must be on file at each testing location. Examiners and the Designated Responsible Person (DRP) are required to attend periodic training sessions when notified by the Department. The CDL tests being administered by the AO must be the same as that administered by the Department. Maintain a valid and operational telephone number for contact by the Department as needed. Maintain the hours of operation on file with the Department. Maintain a surety bond in the amount of $25,000 for each Examiner employed and provide evidence of meeting this requirement to the Department. The company issuing the surety bond must be authorized to conduct business in Texas. Maintain at least the minimum amount of insurance coverage required under Texas Transportation Code § 601.072 and provide evidence of meeting this requirement to the Department. The insurance company must be authorized to conduct business in Texas. Through advertising or by any other method, the AO may not indicate that the AO can issue a CDL, imply that the AO can influence the Department in the issuance of a CDL, or imply that the AO can obtain preferential treatment from the Department. An AO may not use any Department or state seal or insignia or an insignia or design that is deceptively similar to such a seal in any advertising or promotional materials. An AO that is certified by the Department may, in their advertising, state that they are “certified,” but will not indicate that the AO is approved, sanctioned, or in any way endorsed by the Department and will not use any other name besides the name on its application for certification, nor will the AO use “state” in any part of its name unless it is a government entity with the right to that name. AO must defend, indemnify, and hold harmless the State of Texas and the Department, and their officers, agents, employees, representatives, contractors, assignees, or designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or omissions of AO or its agents, employees, or subcontractors in the execution or performance of this Agreement. The defense must be coordinated by AO with the office of the Texas Attorney General (OAG) when Texas state agencies are named defendants in any lawsuit and AO may not agree to any settlement without first obtaining the concurrence from OAG. AOs and the Department agree to furnish timely written notice to each other of any such claim. Additional Information for Governmental Entities Applying to Become an AO The insurance and indemnification clauses in Section 5.1 do not apply to a Governmental Entity. An Independent School District (ISD) not certified to administer CDL testing is permitted to enter into an agreement with another ISD or Regional Education Service Center that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL tests to Employees of the non‐certified school district. The 20 Regional Education Service Centers may enter into an agreement with the Department to administer the CDL test to Independent School District Employees in their service area. A Regional Education Service Center that is not certified to administer CDL testing is permitted to enter into an agreement with another Regional Education Service Center or ISD that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL test to the Employees of the non‐certified Regional Education Service Center. An ISD that is not certified to administer CDL testing is permitted to enter into an agreement with a Regional Education Service Center that has been authorized by the Department to administer CDL testing for the purposes of administering tests to Employees of the non‐ certified ISD. A Governmental Entity not certified to administer CDL testing is permitted to enter into an agreement with another governmental entity that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL tests to Employees of the non‐certified government entity. A Governmental Entity not certified to administer CDL testing is NOT permitted to enter into an agreement with an ISD or Regional Education Service Center that has been authorized by the Department to administer CDL testing for the purposes of administering the CDL tests to Employees of the non‐certified government entity. An ISD or Regional Education Service Center that has been authorized by the Department to administer CDL testing is NOT permitted to enter into an agreement with a governmental entity for the purposes of administering the CDL tests to Employees of the non‐certified government entity. Denial of Application The Department will deny an original application or an application for renewal: of any entity that submits a fraudulent application; any entity that owes a debt or delinquency to the State of Texas; of any entity that does not include an application for a Designated Responsible Person (DRP) at the time of original application; when the AO Applicant’s physical location does not meet applicable Texas Accessibility Standards; when the physical address is not recognized by the U.S. Postal Service; or any violation of this Agreement. Designated Responsible Person Requirements In order to be certified as an AO, the AO must employ a Designated Responsible Person who will comply with the requirements listed in this section. The AO must provide evidence, satisfactory to the Department, that the Designated Responsible Person selected by the AO meets the requirements in Section 5.5. (Testing Examiner Requirements). May or may not be an Examiner. Ensure AO agreements, Examiner documentation, and AO updates are sent to the Department’s Third Party Issuance Section, as required. The Department will place all companies on a four‐ year renewal cycle for these requirements. Must make available a monthly CDL test Activity Report to the Department’s Third Party Issuance Section no later than the 10th day of each month. For example, a report for January 2021 is due to the Third Party Issuance Section no later than February 10, 2021. Reports are required even if no tests were administered. Be accountable for the maintenance and security of all driver files. Notify the Department’s Third Party Issuance Section in writing within 24 hours of the AO identifying or being made aware that an Examiner has been arrested, charged, or convicted of a crime or has any cancellation, suspension, or revocation of their driving privilege. Ensure only Examiners certified by the Department are permitted to administer CDL tests and that those tests are administered in accordance with FMCSA and Department guidelines. Inform Examiners of any changes regarding CDL test administration or paperwork requirements as directed by the Department. Notify the Department’s Third Party Issuance Section in writing (within ten business days) of any changes in status of an Examiner, Designated Responsible Person, or AO, including any: terminations (if an Examiner is no longer employed, a completed form CDL‐19 is required); withdrawals from the program; email address changes; relocations; or mailing address changes. Use and obtain the correct required reports and score sheets from the Department. Must attend all advance Training courses, workshops, seminars, and other instructional meetings, as required by the Department. Testing Examiner Requirements Only a Department approved AO may submit an application for an Examiner. The AO must provide evidence, satisfactory to the Department, that the Examiner selected by the AO, meets the requirements in this section. Must be Domiciled in Texas. Exceptions are permitted for current and active duty military personnel and their spouses or dependents seeking CDL Examiner status, provided they can prove their required permanent change of station documents. These Examiners will have Out‐ Of‐State driver licenses and must provide the Department with a certified driver record from their “State of record”. The Department reserves the right to require additional record checks should the Department determine it has probable cause or deems it necessary during their participation in the program. Examiners must be fingerprinted and a nationwide criminal background check must be performed as required in FMCSR, 49 CFR § 384.228(g) and (h), paid for by the AO. Criteria for not passing the criminal background check includes the following. Any felony conviction within the last ten years. Any conviction involving fraudulent activities. An entering of an order of deferred adjudication for a felony, until five years after court supervision ceased and the case was dismissed.
Appears in 1 contract
Sources: Texas Commercial Driver License Third Party Skills Testing Provider Agreement