OAR 737-015-0120: Provider and Instructor Sanctions

(1) ODOT-TSO may impose sanctions when it determines a provider has violated any provision of ORS 336.790 to 336.815, or administrative rules promulgated by ODOT-TSO. (2) In determining an appropriate sanction, ODOT-TSO may consider the following criteria: (a) The severity of the violation; (b) The impact of the violation on pupils or public safety; (c) The number of similar or related violations by the provider; (d) Whether the violation was willful or intentional; or (e) The history of prior sanctions imposed by ODOT-TSO. (3) ODOT-TSO may impose progressive sanctions, when it determines violations have occurred or are occurring, (a) Progressive sanctions begin with a written warning. If deficiencies remain uncorrected, or a complete corrective action report has not been submitted, sanction severity will increase. (b) Sanctions may include one or more of the following: (A) Written warning, including a correction notice or report; (B) Reduction or denial of reimbursement; (C) Suspension, cancellation, restriction or denial up to one year; or (D) Revocation of approved status and the right to apply or renew the approved status for up to five years. (4) ODOT-TSO reserves the right to impose additional sanctions to protect a student, the public or public funds. Sanctions may include, but are not limited to: (a) Reimbursement of fees paid by students (b) Delay of a provider’s reimbursement (5) Reasons to sanction a driver education program provider or instructor include, but are not limited to, the following: (a) Misrepresenting information to obtain subsidy; (A) Misrepresenting expenses or revenue; (B) Claiming unauthorized expenses; (C) Submitting a false reimbursement request; or (D) Misrepresenting program location or delivery to receive additional benefit. (b) Misrepresenting information to obtain approved provider or approved instructor status: (A) Misrepresenting the program or its delivery; (B) Misrepresenting qualifications; (C) Failing to maintain eligibility requirements; or (D) Falsely claiming to correct program deficiencies. (c) Knowingly making a false statement or representation for the purpose of obtaining benefit for self or others; (d) Failing to abide by terms or conditions of an approved program; (e) Failing to correct deficiencies, or to provide a complete corrective action report addressing each deficiency, within stated timelines; (f) Failing to abide by applicable OAR or ORS; (g) Failing to submit required forms or information by the due date; (h) Entering into DMV2U an electronic driver education completion notation indicating passing when a student has not completed the course and passed the final drive assessment; (i) Entering into DMV2U an electronic driver education completion notation indicating course failure when a student has not completed the course; (j) Failing to enter student results within five business days after a student has completed the course and passed the final drive assessment as required in OAR 735-015-0095; (k) Failing to enter student results within five business days after a student completes the course and fails as required in OAR 735-015-0095; (L) The provider fails to remove an approved individual’s access to DMV2U when the individual is no longer authorized or employed by the provider and the individual was added to DMV2U by the provider; (m) The provider enters a passing notation into DMV2U when the student failed the course; or (n) The provider enters a failing notation into DMV2U when the student passed the course. (6) Emergency action may be imposed when there is potential for serious harm to the driver education program or any person. (7) The provider or instructor may provide ODOT-TSO with evidence of any mitigating circumstances related to OAR 737-015-0110, which may include the opportunity or degree of difficulty to comply. (8) ODOT-TSO may revoke its approval of a provider or instructor upon providing five days advance notice when ODOT-TSO determines, through an audit or investigation, that the safety of any person is endangered because of unsafe practices or unsafe equipment. (9) When ODOT-TSO takes action to suspend, revoke or cancel an approved provider ODOT-TSO will send notice to the approved provider. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the current address on record with ODOT-TSO. (10) If ODOT-TSO revokes a provider, no individual who owned, operated, or knowingly participated in the violations of the provider at the time of the act may, within five years of the revocation, own, operate or participate in an ODOT-TSO approved program. (11) A suspended or revoked provider may not schedule students, accept money or conduct classroom or behind-the-wheel lessons for an ODOT-approved program for the full term of suspension or revocation. (12) A suspended or revoked provider must refund enrolled students who are monetarily affected by the suspension or revocation. (13) When ODOT-TSO takes action to suspend, revoke or cancel an instructor approval ODOT-TSO will send notice to the instructor. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (for an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail to both the instructor and the provider on record with ODOT-TSO. (14) DMV shall remove a provider’s access to DMV2U when DMV suspends, revokes or cancels the provider’s approval status.