OAR 735-060-0101: Refusal to Issue a CDL Third Party Examiner Certificate

(1) DMV may not issue a CDL Third Party Examiner Certificate to any individual when DMV determines that: (a) The Examiner, or the Tester employing the Examiner, has provided any false information to DMV regarding the Examiner; (b) The person fails to meet any qualification for certification required by these rules; or (c) Issuance of the certification to a specific person may compromise the integrity of the CDL Third Party Testing Program. (2) DMV will not issue a CDL Third Party Examiner Certificate if any required information or documentation is missing or incomplete. (3) If DMV refuses to issue a CDL Third Party Examiner Certificate, the person is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act, ORS 183.413 to 183.500. (4) A person must submit a request for a hearing in writing within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a CDL Third Party Examiner Certificate, pending the outcome of the hearing.