OAR 737-015-0070: Qualifications of an Approved ODOT-TSO Traffic Safety Education Instructor

(1) A valid approved instructor certification card issued by ODOT-TSO is required to teach, conduct classes, give demonstrations or supervise the practice of students in an approved program. (2) An instructor must obtain a corrected approved instructor certification card if there is a change to any of the information printed on the card. (3) To be eligible for an approved instructor certification card, or to renew a certification card, an individual must: (a) Submit to ODOT-TSO a completed application on a form provided by the Division; (b) Be 21 years of age, or older; (c) Have completed and passed the required instructor training series; (d) Have valid Oregon driving privileges or valid driving privileges from a state adjacent to Oregon, if the individual is a legal resident of that state and has had valid driving privileges for at least three years preceding the date an application is submitted to ODOT-TSO. To be valid, driving privileges may not be suspended, revoked, canceled, or otherwise withdrawn for a traffic crime as defined in 737-015-0020(30). For purposes of these OAR 737 division 15 rules, a hardship or probationary permit does not constitute valid driving privileges; (e) With initial application, provide a DMV five-year certified court print driving record dated within the past 60 days. An instructor who has not held Oregon driving privileges for the five-year period is required to submit a certified driving record from a jurisdiction or foreign government that issued driving privileges during that period. The record must meet the following requirements: (A) Not more than one driver improvement violation within the preceding 12 months or more than 2 driver improvement violations in the preceding 24 months; (B) No alcohol or drug related traffic violation, conviction or infraction within the preceding five years; and (C) No driver's license suspension, cancellation, revocation or denial within the preceding three years. (f) Have current first aid and CPR Certification; (g) Submit a release authorizing ODOT-TSO to obtain the applicant’s criminal history report. Criminal history records will only be used to determine instructor qualification and may be used as evidence in any contested case hearing or appeal, as described in section 737-015-0130 of this rule. Such records will otherwise be kept confidential and not released to any individual unless ODOT-TSO determines a record, or any portion thereof, must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court order disclosure in accordance with the Public Records Law. (h) Not have a conviction for any of the following crimes: (A) A traffic crime as defined by OAR 737-015-0020(30). This subsection does not apply if the conviction occurred more than five years preceding the date an application for approved instructor certification is submitted; (B) Kidnapping or custodial interference as defined in ORS 163.225 through 163.257; (C) Any sexual offense, with or without force, any offense related to child pornography, or compelling or promoting prostitution; (D) Any crime involving injury or threat of injury to another individual; (E) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or (F) Any crime relating to the unlawful possession, use, sale, manufacture, or distribution of controlled substances or alcoholic beverages; and (i) Not engage in conduct that is substantially related to the individual’s fitness to be an instructor or that demonstrates unfitness or inability to perform the responsibilities of an instructor. ODOT-TSO will determine from the facts of the conduct, and the intervening circumstances known to ODOT-TSO, if the individual is fit to perform the responsibilities of an instructor or poses a risk to the safety of others while performing those responsibilities. (4) An instructor must be re-certified every two years. To be eligible for renewal the instructor must submit to ODOT-TSO a completed renewal application and provide documentation of the following: (a) A minimum of 15 hours of continuing education within the previous two years. This professional development training may be obtained through an approved provider, state agency, college or university or professional education organization. Professional development hours will be accepted for the purpose of enhancing instructional knowledge and skills in support of teaching driver education best practices; (b) A minimum of 30 hours of classroom, behind-the-wheel or simulator instruction in a Division-approved program within the previous two years; (c) Current first aid and CPR Certification. This is not included in the 15 hours of continuing education; and (d) Out-of-state instructors are responsible for annually obtaining a certified driving record from the jurisdiction or foreign government that issued driving privileges during that period. (A) The driving record must be submitted to the employer for review and to maintain with records. (B) A copy of the record, dated within the past 60 days, must also be submitted as part of the renewal application. (5) An individual is not eligible for approved instructor certification and may not be permitted to renew or maintain approved instructor certification if: (a) The individual’s driving record does not meet minimum requirements as described under (3) of this rule. (b) The individual’s driving privileges are revoked as a habitual offender under ORS 809.600 or any equivalent action in another jurisdiction. This section shall apply if the instructor’s driving privileges were revoked as a habitual offender and have not been restored under ORS 809.660 or its equivalent in another jurisdiction at least five years prior to the date an application for approved instructor certification is submitted. (c) The individual is enrolled or participating in a DUII diversion program including an equivalent diversion program in another jurisdiction. This section will apply if the individual was enrolled or participated in a diversion program anytime within the five years preceding the date an application for approved instructor certification is submitted. (d) The individual has had a suspension of driving privileges under a driver improvement program, including an equivalent driver improvement program in another jurisdiction. This section will apply if the suspension occurred within the last three years preceding the date an application for approved instructor certification is submitted. (e) The individual refuses to take a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section will apply if the individual refused a breath test anytime within five years preceding the date an application for approved instructor certification is submitted. (f) The individual fails to pass a breath or blood test in accordance with ORS 813.100 or an equivalent violation in another jurisdiction. This section will apply if the individual fails a breath test anytime within five years preceding the date an application for approved instructor certification is submitted to ODOT-TSO. (g) The individual’s approved instructor certification is suspended, revoked, canceled, restricted or withdrawn, or a similar sanction in another jurisdiction, on the date the application for approved instructor certification is submitted to ODOT-TSO. (h) The individual has a conviction for any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted in another jurisdiction. (i) The individual has a physical or mental condition or impairment affecting the person’s ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle. (6) An applicant who has been convicted of a crime listed in 737-015-0070(3)(h) may include an explanation or evidence of intervening circumstances since the conviction. ODOT-TSO will determine if the intervening circumstances of the conviction are such that the conviction affects the individual’s fitness to be an Instructor. (7) An individual whose driver license has been suspended, cancelled, revoked or denied as described in section (3)(e) of this rule may include an explanation or evidence of intervening circumstances. ODOT-TSO will consider intervening circumstances when making a determination. (8) ODOT-TSO may request additional information from an applicant. Additional information may include, but is not limited to, documentation regarding the intervening circumstances of a conviction, suspension, cancellation, revocation, or denial. ODOT-TSO will determine if the intervening circumstances of the conviction are such that the conviction affects the individual’s fitness to be an instructor. (9) Criteria described in this rule may provide grounds for suspension, cancellation, revocation, restriction or denial as described in 737-015-0120 if an instructor fails to remain qualified as prescribed under this rule. (10) An applicant will be refused approval to provide traffic safety education or a current approval will be suspended or revoked if the applicant or instructor has his or her driver license or privilege suspended or revoked or canceled for any reason or is involved in the DMV Driver Improvement Program or has exceeded two driver improvement violations in a two-year period or has any alcohol or drug related traffic violation, conviction or infraction. (11) Approval to provide traffic safety education may be granted upon reapplication when the approved instructor's driver license or privilege in Oregon has been reinstated in full for three years or one year has passed since the last Driver Improvement Program entry on the driving record or five years have passed since an alcohol or drug related traffic violation, conviction or infraction. (12) Opportunities for reinstatement and appeal are available according to provisions equivalent to those specified in ORS 342.175(4) and 342.180.