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Rs 32:408.1 Third-Party Testing; Proof Of Testing

§408.1. Third-party testing; proof of testing

A. The Department of Public Safety and Corrections, public safety services, may

contract with or license another state, an employer, a private driver training facility, driver

education course provider, or other private institution, or a department, agency, or

instrumentality of a local government to administer the skills tests as specified herein if all

of the following conditions are met:

(1) The tests given by the third party are the same as those which would otherwise

be given by the department.

(2) The third party has a contract or license with the department to administer skills

tests for Class "D" or "E" driver's licenses containing, at a minimum, provisions which:

(a) Allow the Department of Public Safety and Corrections, public safety services,

or its representative to conduct random examinations, inspections, and audits without prior

notice;

(b) Require the Department of Public Safety and Corrections, public safety services,

to conduct onsite inspections at least annually;

(c) Require that all third-party examiners meet the same qualification and training

standards as Department of Public Safety and Corrections, public safety services, examiners

to the extent necessary to conduct skills tests in compliance herein;

(d) Require that, at least on an annual basis, designated Department of Public Safety

and Corrections, public safety services, employees take the tests actually administered by the

third party as if said employee were a test applicant, or that the Department of Public Safety

and Corrections, public safety services, test a sample of drivers who were examined by the

third party to compare pass/fail results; and

(e) Reserve unto the Department of Public Safety and Corrections, public safety

services, the right to take prompt and appropriate remedial action against the third-party

testers in the event that the third party fails to comply with state or federal standards for the

commercial driver's license testing program or with any other terms of the third-party

contract.

(3) The third party has a contract or license with the department to administer skills

tests for Class "A", "B", or "C" driver's licenses which, at minimum, complies with 49 CFR

383.75. In addition, the third-party tester must initiate and maintain a surety bond in the

amount of ten thousand dollars.

B. A driver applicant who takes and passes driving tests administered by an

authorized third party shall provide evidence to the state licensing agency that he has

successfully passed the driving tests administered by the third party on a form approved by

the department.

C.(1) Any third party or Department of Public Safety and Corrections, public safety

services, employee authorized under the provisions of this Chapter to administer tests to

applicants for commercial driver's licenses shall not falsify information regarding test results

or applicant qualification or in any way participate in, aid, or abet the fraudulent testing or

issuance to an applicant of a commercial driver's license or endorsement. Any person who

violates this Paragraph shall be liable under this Chapter for civil penalties of not less than

five hundred nor more than five thousand dollars per act. Furthermore, the Department of

Public Safety and Corrections, public safety services, may establish procedures to void all

transactions and any licenses issued as a result of such falsification or fraud, such procedures

to be established pursuant to the Administrative Procedure Act. Any authorized third-party

tester suffering a sanction under the provisions of this Chapter shall forfeit his authorized

third-party-testing status and contract and shall not qualify for such status henceforth.

(2) A third-party tester or third-party examiner with whom the Department of Public

Safety and Corrections, public safety services, has a contract or to whom has issued a license

shall administer the skills test for a commercial driver's license or an endorsement on a

commercial driver's license in accordance with state and federal statutes and regulations and

policies adopted by the Department of Public Safety and Corrections, public safety services,

in accordance with such statutes and regulations.

D. A person or business shall not operate, advertise, or hold oneself or itself out as

a third-party tester or a third-party examiner unless such person or business has a current

contract with the Department of Public Safety and Corrections, public safety services, to

operate as a third-party tester or a third-party examiner or is currently licensed by the

Department of Public Safety and Corrections, public safety services, to operate as a third-party tester or a third-party examiner.

E. The principal of the third-party examiner or tester who has or is seeking a contract

with the Department of Public Safety and Corrections, public safety services, to administer

commercial driving examinations and tests shall consent to, pass, and pay the costs of an

annual background check.

F.(1) The Department of Public Safety and Corrections, public safety services, may

issue a cease and desist order to any person or business operating in violation of this Section.

Any such cease and desist order shall be served either by regular mail with a proof of mailing

issued by the United States Postal Service, or by hand delivery by a representative of the

department. If the cease and desist order is served by mail with proof of mailing, it shall be

deemed delivered on the seventh calendar day after the date affixed by the post office on the

certificate or proof of mailing. The presumption of delivery in this Subsection shall not apply

if the postal service returns the cease and desist order as undeliverable.

(2) If the person or business subject to the cease and desist order in this Section

cannot be served, or does not comply with the cease and desist order, the Department of

Public Safety and Corrections, public safety services, may file a petition for injunctive relief

as provided in the Code of Civil Procedure in district court. There shall be no suspensive

appeal or stay of an order or judgment of the district court granting the Department of Public

Safety and Corrections, public safety services, a preliminary or permanent injunction.

(3) The Department of Public Safety and Corrections, public safety services, may

promulgate rules in accordance with the Administrative Procedure Act to implement the

provisions of this Subsection.

Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 2011, No. 294, §2; Acts 2012, No.

455, §2; Acts 2012, No. 751, §1; Acts 2016, No. 293, §1.

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Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
test
party
corrections
safety
tests
driver
applicant
administer
license
examiner