This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4501-8-01 | Definitions.
Effective:
September 3, 2022
(A) "Abbreviated adult driver
training course" or "abbreviated adult course" means a driver
training course, as establish in division (F) of section 4508.02 of the Revised
Code, consisting of classroom education, online education, and may include on
the road training. (B) "Adult student" or
"student" means a person, who is at least eighteen years of age, and
meets the requirements as set forth in division (C) of section 4507.21 of the
Revised Code. (C) "Adult training
coordinator" or "adult coordinator" means a person designated by
an authorizing official of a driver training enterprise to carry out orders,
instruct, conduct the business and manage the training program of a school,
assess, train and supervise current and candidate instructors. (D) "Applicant" or "candidate" means any
person applying for a license to be an authorizing official for a driver
training enterprise or school, an instructor or a training
manager. (E) "Armed forces" means the armed forces of the United
States, including the army, navy, air force, marine corps, coast guard, or any
reserve components of those forces; the national guard of any state; the
commissioned corps of the United State public health service; the merchant
marine service during wartime; such other service as may be designated by
congress; or the Ohio organized militia when engaged in full-time national
guard duty for a period of more than thirty days. (F) "Authorizing official" or "official"
means any person who owns or who maintains responsibility on behalf of an
individual, corporation, business trust, estate, trust, partnership, or an
association for the facilities, equipment, instructors, managers and other
employees of a driver training enterprise. (G) "Behind-the-wheel instruction" means that portion
of a driver training course which is devoted to teaching a student driving
skill, provided to a student who is operating an approved motor vehicle, and
presented by a licensed instructor. (H) "Biometric authentication"
means the verification of a user's identity by means of a physical trait
or behavioral characteristic. (I) "Certificate of completion" means a certificate
electronically furnished by the department to a licensed driver training
enterprise and issued by the enterprise to students who have completed the
required four hours of classroom instruction or the online instruction and four
hours of behind-the-wheel instruction to the satisfaction of the school's
authorizing official or adult training coordinator as required by division (C)
of section 4508.02 of the Revised Code. (J) "Chargeable crash" means a
conviction of, a guilty plea to, a finding of guilty following a plea of no
contest to, or the forfeiture of any bail or collateral deposited to secure an
appearance for a moving traffic violation as a result of a motor vehicle
crash. (K) "Classroom" means any room
within a driver training school used to teach students driver
knowledge. (L) "Classroom instruction"
means that portion of an abbreviated adult training course that is devoted to
teaching driver knowledge and provided in a physical classroom location.
Classroom instruction does not include the student's operation of a motor
vehicle. (M) "Current textbook or
workbook" means a book published within the past ten years containing
information for safe and responsible driver practices and used as part of an
approved driver training curriculum. (N) "Department" means the
"Ohio Department of Public Safety." (O) "Director" means the
director of the "Ohio Department of Public Safety" as set forth in
division (G) of section 121.03 of the Revised Code, or the director's
designee. (P) "Disqualifying offense" has
the same meaning an in section 9.79 of the Revised Code. (Q) "Driver license" or "operator
license" means a class D license issued to any person to operate a motor
vehicle, other than a commercial motor vehicle, including a "probationary
license" or a "restricted license" as defined in division (A) of
section 4507.01 of the Revised Code. (R) "Driver training school," "adult driver
training school" or "school" means each facility where an
abbreviated adult driver training course is conducted. A driver training school
includes: (1) A business enterprise
conducted by a person for the training of persons to operate a motor vehicle
that use public streets or highways to provide training and charges a fee for
such services; (2) A business enterprise
that offers the equivalent to classroom instruction via an online internet
education program, (3) A lead school district as provided in
section 4508.09 of the Revised Code; or (4) A board of education of a city,
exempted village, local, or joint vocational school district or the governing
board of an educational service center that offers an adult driver training
course for high school students enrolled in the district or in a district
served by the educational service center. (S) "Dual control brake" means two devices in a
single motor vehicle, either of which will safely stop the motor
vehicle. (T) "Enterprise," "driver training
enterprise," or "business enterprise" means a person, as defined
in section 1.59 of the Revised Code, who operates a school, as defined in this
chapter, for the education and training of persons in the operation of motor
vehicles using public streets or highways or an online driver education
program. (U) "In-person learning" means
a form of instructional interaction that occurs in real time between
instructors and students. This includes instructional interaction that allows
people to interact from different locations at the same time. (V) "Instructor" means any person, whether acting
for self as operator of a driver training school or for such a school, who
teaches, conducts classes of, gives demonstrations to, or supervises practice
of, persons learning to operate or drive motor vehicles. (W) "Occupational therapist" means a person who
is licensed or holds a limited permit to practice occupational therapy and who
offers such services to the public under any title incorporating the words
"occupational therapy," "occupational therapist," or
similar title or description of services as defined in section 4755.04 of the
Revised Code. (X) "Office" means a room used for conducting
school business and storing school records which meets the requirements
specified in rules 4501-8-02 of the Administrative Code. (Y) "Online driver education program" means a
licensed driver training course that is the equivalent to in-person classroom
instruction approved by the director and offered by an online
provider. (Z) "Online instructor" means a person who is
available for curriculum content support for those students enrolled in an
online driver education program. Curriculum content support may be provided
through, but is not limited to, open forums, message boards, chat rooms,
telephone support, or e-mail correspondences. (AA) "Online provider" means a business that
provides an online program of classroom instruction via the internet for the
training of persons to operate class "D" vehicles, including a driver
training school as defined in paragraph (R)(2) of this rule. (BB) "Original school application" means an
application and all required supporting documents submitted by an enterprise or
lead school district for a school that has not previously been licensed to
operate a driver training school at that location, or an application for
renewal received or postmarked after November thirtieth in a given calendar
year for renewal of the school license for the calendar year which begins the
following January first. (CC) "Original instructor or training manager
application" means an application and all required documents for a license
for an instructor or training manager that is submitted by a person who has not
previously been licensed as a driver training instructor or training manager,
or an application for renewal of a person's driver training instructor or
training manager license that is received by the director after December
thirty-first in the calendar year that occurs one year after the date of
expiration of the last license issued to that person. (DD) "Ownership" means the legal right of
possession; proprietorship. (1) A change in ownership
of an enterprise or school includes the conveyance by a partner of his interest
in the partnership that results in the dissolution of the
partnership. (2) A change in ownership
of an enterprise or school does not include the conveyance by a partner of his
interest to another when such conveyance does not dissolve the
partnership. (EE) "Person" means an individual, corporation,
business trust, estate, trust, partnership, or association as defined in
section 1.59 of the Revised Code. (FF) "Person with a disability" or "disabled
person" means any person who, in the opinion of the registrar of motor
vehicles, is afflicted with or suffering from a physical or mental disability
or disease that prevents the person, in the absence of special training or
equipment, from exercising reasonable and ordinary control over a motor vehicle
while operating the vehicle upon the highways. A person with a disability is
not a person who is or who has been subject to any condition resulting in
episodic impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is sufficiently under
medical control that the person is capable of exercising reasonable and
ordinary control over a motor vehicle. A student who is deaf is not a person
with a disability for purposes of this chapter. (GG) "Physician" means a person licensed to
practice medicine or surgery or osteopathic medicine and surgery under Chapter
4731. of the Revised Code. (HH) "Residence" means any dwelling used or
occupied as living quarters, whether or not on a full-time basis. A residence
does not include an unattached structure upon a residential property that has a
separate means of ingress and egress. (II) "Theory," or "theory instruction"
means that portion of a driver training course that is devoted to teaching
driver knowledge and does not include the student's operation of a motor
vehicle. See also "classroom instruction," "virtual
classroom," and "online driver education program." (JJ) "Virtual classroom" means an online classroom
that allows participants to communicate with one another, view presentations
and/or videos, interact with other participants and instructor, and engage with
resources, and engage in work groups, all in real time.
Last updated September 6, 2022 at 8:23 AM
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Rule 4501-8-02 | Place of business.
Effective:
September 3, 2022
(A) Each driver training enterprise
offering the abbreviated adult driver training course shall maintain an
established place of business that is owned and operated by that enterprise.
(1) Except for an online
school, each driver training enterprise offering an abbreviated adult driver
training course in the classroom shall maintain at least one fixed geographical
location at which a school is operated and at least one classroom where
training is conducted. (a) Any facility used for an abbreviated adult driver
training course shall be inspected and approved prior to its use as a
school. (b) The use of a mobile or modular structure as an
abbreviated adult driver training school shall be prohibited unless the
structure is installed on a permanent foundation. (c) The place of business shall only be occupied by the
abbreviated adult driver training school during times of classroom
instruction. (2) The classroom for an
abbreviated adult driver training school includes: (a) Sufficient space to comfortably sit at least ten
students and an instructor, and contain tables and chairs or desks for all
students; (b) Is equipped with a variety of audio and/or visual
training aids that support the course curriculum; (c) Is free of visible and audible distractions and shall
present an atmosphere adequate for learning; (d) Has a clean and functional restroom that is available
for student use within the facility; and (e) Conforms to all federal, state and local fire, building
and safety regulations. (3) Each driver training enterprise, that is offering
virtual instruction shall maintain at least one office, that has been inspected
and approved by the director prior to use, at a fixed geographic location where
records are kept and the virtual instruction is provided. The place of business
shall only be occupied by the driver training school during times of
instruction. (4) The enterprise shall also maintain at
least one office in a fixed geographical location where records are
kept. (a) The office of a driver training enterprise shall have
access to a computer, printer, e-mail and the internet. It shall have space
adequate to maintain those records required to be kept. A driver training
enterprise shall have sufficient space to interview clients and to display the
school license. (b) If the office of the driver training enterprise and the
classroom of the adult driver training school are located in the same facility,
there shall be a permanent wall that sufficiently prevents distractions and
noise in the classroom. If no permanent wall exists, the office shall remain
closed during classroom instruction. (c) The office shall be located in the same county as, or
in a county adjacent to the school, for which students' paper records are
being stored. (5) Each driver training enterprise
providing an online abbreviated adult course shall maintain at least one office
at a fixed geographic location where records are kept. The office of an
enterprise providing an online abbreviated adult course shall: (a) Have a person available for technical support during
reasonable hours, which must be posted on the online driver education program
website; (b) Have an online instructor available for curriculum
content support during reasonable hours, which must be posted on the online
driver education program website. (6) Neither the office of an online
abbreviated adult course nor the office and abbreviated adult driver training
school shall consist of a house, trailer, tent, temporary stand, post office
box, rooming house or apartment. Neither the office of an online abbreviated
adult course nor the office and adult driver training school shall be located
within a residence or a room in a hotel or motel. No driver training enterprise
may share any office or any classroom with any other driver training enterprise
unless the same person owns both enterprises. (B) The driver training enterprise shall
operate in compliance with all applicable local, state and federal
laws.
Last updated September 6, 2022 at 8:23 AM
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Rule 4501-8-03 | Character and fitness for adult driver training courses.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) Any person connected in any manner
with a driver training enterprise, including but not limited to an owner,
partner, adult training coordinator, instructor, online instructor, or
authorizing official, shall be of good character and reputation. (B) The conviction of any of the above
persons of any disqualifying offense shall be grounds to deny issuing or
renewing a license or grounds for suspending or revoking a previously issued
license. (C) Every person connected in any manner
with a driver training enterprise, including but not limited to an owner,
partner, adult training coordinator, office manager, instructor, or authorizing
official, shall comply with all applicable state and federal laws which
prohibit discrimination based upon race, color, national origin, sex, age,
handicap, disability, ancestry, or religion. (D) The director may deny the issuance of
a license to any person if the person applying for a license has had a driver
training school, adult training coordinator, instructor, or online instructor
license revoked or denied within the five years immediately preceding the
current filing for an application. After the five-year revocation period has lapsed,
any adult training coordinator, instructor or online instructor whose license
has been revoked or denied may apply for a license by following the training
procedure set forth in rule 4501-8-05 of the Administrative Code. Granting of a
license shall be based upon successful completion of the training procedure,
which includes an appropriate course approved by the director, and successful
completion of the probationary license period, and no further violations of
Chapter 4507. or Chapter 4508. of the Revised Code or the rules amplifying
those chapters. (E) No adult training coordinator or
authorizing official shall knowingly permit any adult training coordinator,
instructor, or online instructor of the enterprise who is not physically or
mentally sound to be in contact with students. (1) Any person who
applies for or holds an abbreviated adult driver training instructor's,
online instructor's, authorizing official's school, or adult training
coordinator's license shall submit to an examination of that person's
physical or mental fitness when the director or the school's adult
training coordinator or enterprise's authorizing official has evidence to
believe the instructor, online instructor, or coordinator may not be mentally
or physically fit to instruct students or operate a motor vehicle. (2) Any person who
applies for or holds a driver training instructor's, online
instructor's, or adult training coordinator's license shall notify
the authorizing official of any driver training enterprise with which the
person is affiliated of any injury, any physical or mental impairment, or any
drug or medicine the person is taking that gives good cause to believe such
injury, impairment, drug or medicine may affect that instructor's, online
instructor's or adult training coordinator's ability to drive or to
effectively and safely instruct students or manage training. (F) Except for an online instructor,
instructors and adult training coordinators shall provide a completed
"Driver Training Personnel Physical Examination" to the authorizing
official of the enterprise every two years.
Last updated September 6, 2022 at 8:23 AM
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Rule 4501-8-04 | Application for and renewal of an abbreviated adult driver training school and online license.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) No person shall establish a driver
training enterprise or allow such an enterprise to continue unless the
authorizing official first applies for and obtains from the director a license
for a driver training school. The authorizing official shall ensure the driver
training school, its business enterprise, and its instructors, online
instructors and adult training coordinators operate in compliance with Chapter
4508. of the Revised Code and Chapter 4501-8 of the Administrative Code, as
well as all other applicable local, state, and federal laws. (B) No driver training enterprise may
share the same name as any other driver training enterprise unless the same
person owns both. (C) The director issues driver training
school licenses. An authorizing official may apply for one or both of the
following types of driver training school licenses: (1) Abbreviated adult
school, which offers traditional classroom and/or virtual classroom instruction
and behind-the-wheel training that complies with requirements of division (F)
of section 4508.02 of the Revised Code; (2) Online abbreviated
adult school license, which offers a course of study via the internet, that is
the content equivalent of the classroom instruction offered by an abbreviated
adult driver training school. (D) Each original "Driver Training
Enterprise Application", submitted by the authorizing official,
includes: (1) An application fee of two hundred
fifty dollars for each school location; (2) Criminal background checks regarding
the authorizing official and owner, dated no more than ninety days prior to the
date the "Driver Training Enterprise Application" is received by the
director. The criminal background checks shall include: (a) A state level check, which includes information maintained by
the bureau of criminal identification and investigation, or a similar
government agency from the resident state of the authorizing official and/or
owner; and (b) A federal level check, provided by a government agency, which
includes information from Ohio and all other states. (3) Proof of legal occupancy for each
driver training school that includes the parties with whom the agreement is
made, address of the property for which the agreement is made, monetary
consideration, even if none, term of the agreement, and signatures and dates of
both parties. For an enterprise offering virtual classroom, this includes proof
of legal occupancy for the office where the virtual classroom is hosted. For an
online school, this includes proof of legal occupancy for the enterprise
office. (4) Proof of a fire inspection, dated no
more than one year prior to the date of application, for each school or office
location, whichever is applicable, that is compliant with all applicable local,
state and federal laws. (5) A copy of the adult training
coordinator's certificate of training showing completion of an adult
coordinator's course approved by the department. (6) Proof of completion
of a department provided new school orientation for all owners and authorizing
officials and dated no more than one year prior to the date of
application. (E) Each original "Driver Training
Enterprise Application" for an online abbreviated adult school license
includes: (1) A fee of eight
hundred fifty dollars, which includes; (a) Two hundred fifty dollar application fee; and (b) Six hundred dollars for review of the assessment and online
driver education program; (2) Criminal background
checks regarding the authorizing official and owner dated no more than ninety
days prior to the date the "Driver Training Enterprise Application"
is received by the director. The criminal background checks
include: (a) A state level check, which includes information maintained by
the bureau of criminal identification and investigation, or a similar
government agency from the resident state of the authorizing official and/or
owner; and (b) A federal level check, provided by a government agency, which
includes information from Ohio and all other states. (3) Proof of legal
occupancy for the enterprise office that includes the parties with whom the
agreement is made, address of the property for which the agreement is made,
monetary consideration, even if none, term of the agreement, and signatures and
dates of both parties. For an enterprise offering virtual classroom, this
includes proof of legal occupancy for the office where the virtual classroom is
hosted. For an online school, this includes proof of legal occupancy for the
enterprise office. (4) Proof of a fire
inspection, dated no more than one year prior to the date of application, for
the office that is compliant with all applicable local, state and federal laws.
(5) Evidence of expertise
in providing driver education and/or driver training which includes, but is not
limited to, proof of prior or current driver's education and/or training
certification or licensure issued in Ohio or another state. The director may
consider all evidence provided; (6) The complete proposed online driver
education program in written format and full access to the proposed internet
based website or portal for review; (7) A completed, signed, and notarized
"Online Driver Education Security Assessment." (8) Proof of completion
of a department provided new school orientation for all owners and authorizing
officials and dated no more than one year prior to the date of
application. (F) An original online school license may
be issued to the applicant based on all licensing requirements and the online
program has met an "Acceptable" rating for all requirements as
prescribed by the director and set forth in the "Minimum Standards for an
Online Abbreviated Adult Course": (G) The authorizing official for an
online school shall provide the director with an "Online Driver Education
Security Assessment" describing any significant system changes for
approval within thirty days of enabling the specific changes. (H) Each original school and online license expires on December
thirty-first of the year it is issued and may be renewed. (I) Each renewal of an abbreviated adult driver training course
includes: (1) An application fee of
fifty dollars; and (2) The "renewal
requirements." (J) Each renewal online school license
includes: (1) An application fee of
fifty dollars; and (2) The "renewal
requirements." (K) Each authorizing official for a school, as specified in
paragraph (C) of this rule, shall ensure the department receives the
"renewal requirements" by or that it is postmarked no later than
November thirtieth of the year the license expires. (L) If the "renewal requirements" are not postmarked or
received by the director by November thirtieth of year of expiration, the
authorizing official shall submit a new "Driver Training Enterprise
Application" for an original school license in accordance with paragraph
(D) or (E) of this rule, whichever is applicable. (M) No authorizing official shall change the school's name,
ownership, authorizing official, or school location without prior notification
to the director. (1) Any person to whom
the ownership is conveyed of a driver training enterprise shall submit a new
"Driver Training Enterprise Application" in accordance with paragraph
(D) or (E) of this rule, whichever is applicable. The original application
shall be submitted to and approved by the director prior to conveyance of
ownership. (2) Any person to whom an
interest in ownership is conveyed that does not constitute a change of
ownership as defined in rule 4501-8-01 of the Administrative Code shall submit
a new "Driver Training Enterprise Application" for the conveyance of
interest to the director along with the documents required in paragraphs (D)(2)
and (D)(6), or (E)(2) and (E)(8) of this rule, whichever is applicable. The
application shall be approved by the director. (3) No fees will be
assessed for changing the location of a school or the name of a driver training
enterprise. (4) Any person applying
to be an authorizing official of an enterprise shall complete and submit a new
"Driver Training Enterprise Application" along with the documents
required in paragraph (D)(2) and (D)(6) or (E)(2) and (E)(8) of this rule,
whichever is applicable. The application shall be approved by the
director. (N) All license fees are paid electronically in the form of a
check or money order made payable to the treasurer of the state of
Ohio. (O) No person shall submit the "Driver Training Enterprise
Application" or "renewal requirements" that are incomplete or
incorrect or which contain false or misleading information. An incomplete,
incorrect, false or misleading "Driver Training Enterprise
Application" or "renewal requirements" may be rejected, returned
to the applicant, or denied. (P) If a driver training enterprise or school closes or
discontinues business for any reason, the authorizing official shall return the
school license to the director immediately. (Q) All prospective new enterprise owners
and authorizing officials shall attend a new school orientation provided by the
department no more than one year prior to the date the department receives the
"Driver Training Enterprise Application."
Last updated September 6, 2022 at 8:23 AM
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Rule 4501-8-05 | Requirements for instructors, online instructors and adult training coordinators.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) No person shall give instruction for
hire in the operation of a motor vehicle unless such person is the holder of a
current and valid probationary instructor license or non-probationary
instructor license issued by the director. No authorizing official or adult
training coordinator shall allow a person to instruct driver training unless
the person has applied for and obtained the appropriate instructor's
license from the director. Instructors shall maintain a valid driver's
license at all times during licensure. The instructor shall act only under the
authority and guidance of a licensed driver training enterprise. (B) Adult training coordinators shall be
licensed instructors and shall have completed a course for adult training
coordinators. (C) Each person applying for an
instructor or online instructor license submits the "Abbreviated Adult
Driver Training Instructor License Application" to the department.
Original applications for instructors include: (1) A fee of twenty-five
dollars paid electronically or in the form of a check or money order made
payable to the treasurer of the state of Ohio. (2) Background checks
regarding the applicant's criminal record and dated no more than ninety
days prior to the date the director receives the "Abbreviated Adult Driver
Training Instructor License Application." The background checks
include: (a) A state level check, which includes information maintained by
the bureau of criminal identification and investigation, or a similar agency
from the resident state of the applicant; and (b) A federal level check, provided by a governmental agency,
which includes information from Ohio and all other states. (3) A .jpeg format
photograph of the applicant showing neck, shoulders, full face and uncovered
head with a plain solid colored background and taken not more than sixty days
prior to the date of the application. Photocopies of photographs from other
identification badges or cards will not be accepted. (4) The applicant's
driving record abstract obtained from the records maintained by the bureau of
motor vehicles, or a similar agency from another state if the applicant has an
out-of-state license. The abstract shall be dated no more than ninety days
prior to the date the "Abbreviated Adult Driver Training Instructor
License Application" is received by the director. The abstract must show
the applicant has a current and valid license to operate a motor
vehicle. (5) Except for an online
instructor applicant, certification from an Ohio driver examiner that the
applicant has passed the required driver training instructor testing. Testing
includes: (a) A vision screening; (b) A knowledge test that includes questions testing the
applicant's knowledge of the Administrative Code, road signs, the care and
operation of motor vehicles, and the "Digest of Motor Vehicle
Laws." (c) A skill examination in a motor vehicle other than a
commercial motor vehicle or motorcycle. (6) Except for an online
instructor applicant, proof the applicant has completed a training program
within the ten years immediately preceding the application for an
instructor's license. Except for an online instructor, the proof consists
of: (a) A training program approved by the director and administered
by a licensed driver training school under the direction of the adult training
coordinator; or (b) A valid copy of a state of Ohio department of education
certificate with a driver training endorsement issued pursuant to the
provisions of sections 3319.22 to 3319.31 of the Revised Code. Such certificate
shall be valid at the time of applying for an instructor license;
or (c) Certificate issued by a college or university providing
training specific to driver education and training; or (d) An abbreviated training program approved by the director and
administered by the licensed driver training school under the direction of the
adult training coordinator. The abbreviated training program shall only be
provided to instructors who currently meet the requirements under rule
4501-7-05 of the Administrative Code. (7) For an online
instructor applicant, the proof shall consist of a training program approved by
the director. Such training shall have been completed within the ten years
immediately preceding the application for an online instructor's
license. (8) Except for an online instructor
applicant, the "Driver Training Personnel Physical Examination"
signed by a physician, nurse practitioner, or physician's assistant acting
within their scope of practice declaring that the instructor does not have a
medical condition, physical condition, including vision impairment (not
corrected), which could interfere with the responsibilities of being an
instructor or could jeopardize the health and welfare of students and/or
general public. The "Driver Training Personnel Physical Examination"
shall be dated no more than one year prior to the date the director receives
the "Abbreviated Adult Driver Training Instructor License
Application." (9) Proof the applicant has completed the
department's online "Sexual Harassment Training." (D) Upon approval of an initial "Abbreviated Adult
Driver Training Instructor License Application" the director issues a
probationary instructor license. (1) The probationary
license expires one hundred eighty days from the date of issuance. (2) The probationary
instructor license holder shall successfully pass an assessment, approved by
the director, prior to the expiration of the probationary license. The adult
training coordinator shall be responsible for assessing the instructor. The
authorizing official of an online course shall assess the online instructor.
The assessments shall be provided to the director at least one month prior to
the expiration of the probationary license. (3) A probationary
license holder may not be associated with more than one driver training
enterprise during the probationary term. (4) If a probationary license holder
fails to meet expectations as provided by the assessment, the director may
extend the probationary term no more than ninety days. The probationary
instructor license holder shall successfully pass a second assessment performed
by the adult training coordinator. (5) If during the
probationary term, a probationary license holder becomes associated with
another driver training enterprise, the probationary term shall start
over. (6) The director shall issue a
non-probationary instructor license to an applicant who has successfully
completed the probationary term. (E) Every applicant for an adult training coordinator
endorsement shall submit the "Abbreviated Adult Driver Training Instructor
License Application" to the department. (1) For an abbreviated
adult course instructor, who does not meet the requirements set forth in
paragraph (E)(2) or (E)(3) of this rule, the original application shall
include: (a) Proof the applicant has completed a course for adult training
coordinators approved by the director; and (b) Proof the applicant has held an abbreviated adult instructor
license for two years and have taught, at a minimum, eight abbreviated adult
courses. (2) For an applicant who has held, within
the previous three years, a training manager license for a class d driver
training school pursuant to Chapter 4501-7 of the Administrative Code, the
original application includes: (a) Proof of the training manager license for a class d driver
training school pursuant to Chapter 4501-7 of the Administrative Code;
and (b) Proof the applicant has completed a continuing education
course for adult training coordinators approved by the director. (3) For an applicant that is a current
certified driver rehabilitation specialist, the original application
includes; (a) Proof the applicant is a current certified driver
rehabilitation specialist; and (b) Proof the applicant has completed a course for adult training
coordinators approved by the director. (F) All non-probationary instructor, online instructor and
adult training coordinator licenses expire on December thirty-first of the year
the license was issued, and a license may be renewed annually upon completion
of the "renewal requirements." (G) All non-probationary instructor, online instructor and
adult coordinator license "renewal requirements" may be filed without
penalty if filed within one year from the date of expiration of the last
license issued, but such license will be effective no sooner than the date it
is approved by the director. (H) The director issues certification for
training persons with a disability in one of two categories: (1) As a disability
endorsement for an instructor of an abbreviated adult training course providing
classroom and behind-the-wheel instruction. (a) An instructor applying for the disability endorsement
shall file a "Abbreviated Adult Driver Training Instructor License
Application" in accordance with paragraph (C) of this rule and include a
certificate of successful completion of a course approved by the director for
training drivers with a disability. (b) In order to maintain current certification, an
instructor shall take a continuing education course in training drivers with a
disability, as approved by the director, every three years. (2) As a license for an
instructor of only a rehabilitation clinic or medically based hospital that
offers driver training for beginning drivers with a disability. (a) An instructor applying for a license, who will provide
driver training in persons with a disability for a rehabilitation clinic or
medically based hospital, shall file a "Abbreviated Adult Driver Training
Instructor License Application" in accordance with paragraph (C) of this
rule and include proof of certification as an occupational therapist or a
certified driver rehabilitation specialist. (b) In order to maintain current certification, an
instructor shall show proof of continuing education every three years in
training drivers with a disability. (I) Any application for an instructor,
online instructor, or adult training coordinator license received by the
director more than one year after the last license expired shall be submitted
as an original application. (J) Each applicant seeking renewal shall
submit the "renewal requirements" as prescribed by the director.
"Renewal requirements" include: (1) A fee of ten dollars
paid electronically or in the form of a check or money order made payable to
the treasurer of the state of Ohio. (2) The applicant's
driving record abstract obtained from the records maintained by the bureau of
motor vehicles, or a similar agency from another state if the applicant has an
out-of-state license. The abstract shall be dated no more than ninety days
prior to the date the "renewal requirements" are received by the
director and show the applicant has a current and valid license to operate a
motor vehicle. (3) A .jpeg format
photograph of the applicant showing neck, shoulders, full face and uncovered
head with a plain solid colored background and taken not more than sixty days
prior to the date of the application. Photocopies of photographs from other
identification badges or cards will not be accepted. (4) The signature of the
authorizing official of the driver training school with which the applicant is
affiliated. (K) Every applicant for a probationary or
non-probationary instructor or online instructor license or applicant for an
adult training coordinator shall: (1) Certify the applicant
has been licensed as the operator of a motor vehicle for at least five
years; (2) Possess a valid
driver's license; (3) Certify that the
applicant is in sound physical and mental health, does not have any injury or
physical or mental impairment, and is not under the influence of or addicted to
any drug or medicine which may affect that applicant's ability to drive or
to effectively and safely instruct students or manage training; (4) Have a record free of
a disqualifying offense; (5) Have a driving record
free of any of the following: (a) Three or more chargeable crashes within the three years
preceding the date of application; (b) Three or more moving violation convictions under Chapter
4511. of the Revised Code, or an equivalent conviction from another
jurisdiction, within the three years preceding the date of
application; (c) An accumulation of six points or more under Chapter 4510. of
the Revised Code, or equivalent action from another jurisdiction within the
preceding three years; (d) A twelve-point administrative suspension under section
4510.037 of the Revised Code, or equivalent action from another jurisdiction,
within the ten years preceding the date of application. (L) If an instructor, online instructor,
or adult training coordinator failed to renew because of service in the armed
forces, the license shall be renewed in accordance with section 5903.10 of the
Revised Code. The instructor, online instructor, or adult training coordinator
shall submit the "renewal requirements" as set forth in paragraph (I)
of this rule. (M) If an instructor, online instructor,
or adult training coordinator failed to renew because the license holder's
spouse served in the armed forces and the service resulted in the holder's
absence from Ohio, the license shall be renewed in accordance with section
5903.10 of the Revised Code. The instructor or adult training coordinator shall
submit the "renewal requirements" as set forth in paragraph (I) of
this rule. (N) A renewal shall not be granted unless
the holder or the holder's spouse, whichever is applicable, has presented
satisfactory evidence of the service member's discharge under honorable
conditions or release under honorable conditions from active duty or national
guard duty within six months after the discharge or release. (O) An instructor, online instructor, or
adult training coordinator shall notify the enterprise's authorizing
official, in writing, within ten days if any of the following
occur: (1) The instructor,
online instructor, or adult training coordinator is convicted of or pleads
guilty to a moving traffic violation; (2) The instructor,
online instructor, or adult training coordinator is involved in a chargeable
crash; (3) The instructor,
online instructor, or adult training coordinator is convicted of a charge that
assesses points against the holder's license; (4) The instructor,
online instructor, or adult training coordinator receives any driver license
suspension, cancellation, or revocation; (5) The instructor,
online instructor, or adult training coordinator is convicted of or pleads
guilty to any criminal charge specified in paragraph (K)(4) of this
rule. (P) The authorizing official shall notify
the director, in writing, within ten days of the receipt of notice that the
instructor, online instructor, or adult training coordinator received a
conviction or violation specified in paragraph (O) of this rule. (Q) The director may refuse to issue or
renew, or suspend, revoke or place on probation the probationary or
non-probationary license of any instructor, online instructor, or adult
training coordinator upon notice of that person's conviction for any
offense for which that person may be disqualified under this rule. (R) The director may refuse to issue or
renew, or suspend, revoke or place on probation the probationary or
non-probationary license of any instructor, online instructor, or adult
training coordinator upon notice of an offense determined by the director to be
of a nature or severity inconsistent with the standards expected of an
instructor, online instructor, or adult training coordinator which is committed
beyond the periods provided herein. (S) No person shall submit a
"Abbreviated Adult Driver Training Instructor License Application" or
"renewal requirements" that are incomplete, incorrect or which
contains false or misleading information. An incomplete, incorrect, false, or
misleading "Abbreviated Adult Driver Training Instructor License
Application" or "renewal requirements" may be rejected, returned
to the applicant, or denied. (T) No authorizing official or adult training coordinator
shall allow a person to instruct unless the person has applied for and obtained
a probationary or non-probationary instructor's license in the manner and
form prescribed by the director. (U) Every non-probationary instructor license holder and
adult training coordinator shall complete a pre-approved continuing education
course once every three years, and shall, upon request from the director,
provide proof of the satisfactory completion of such training. (1) The continuing
education course shall be approved by the director and shall consist of topics
related to driver's education and training or training management
conducted by a college, university, or a national driver training
organization. (2) The proof of
satisfactory completion shall be in a manner prescribed by the
director. (3) The director shall
provide a list of approved courses upon request. In addition to the list, the
director may pre-approve, on an individual basis, additional conferences,
workshops, or seminars, including a driving dynamics or defensive driving
course, in satisfaction of this requirement. (V) Every instructor, online instructor, and adult training
coordinator shall complete the department's online "Sexual Harassment
Training" annually. Proof of the course completion shall be maintained in
the instructor's file and shall be made available upon request of the
director.
Last updated September 6, 2022 at 8:23 AM
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Rule 4501-8-06 | Qualifications for instructing persons with disabilities.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) No school shall offer
behind-the-wheel training programs for persons with a disability unless that
school employs an instructor who is certified by the director to provide
training for persons with a disability. (B) No instructor shall provide
behind-the-wheel training to a student with a disability unless that instructor
has been certified by the director to train persons with a
disability. (C) A medically based hospital or
rehabilitation facility that offers instruction for beginning drivers with a
disability shall appoint an authorizing official who applies for a driver
training school license for each driver training facility or school it
operates. The school may offer only behind-the-wheel driver training and may
refer students to another licensed driver training school for the required
theory instruction. The school shall also employ instructors certified to
provide driver training instruction for drivers with a disability, and only
certified instructors may provide driver training. (1) The authorizing
official or adult training coordinator of the driver training school at a
hospital or rehabilitation facility shall maintain complete records of each
student's training at that school. For a hospital or rehabilitation
facility that does not supply the required classroom training, the authorizing
official or adult training coordinator copies all records produced at that
school for students taking behind-the-wheel training and forward those records
to the driver training school that will complete each student's classroom
instruction required by paragraph (A) of rule 4501-8-09 of the Administrative
Code. The authorizing official or adult training coordinator of the driver
training school in which a student completed classroom training shall, upon the
official's or coordinator's determination of the student's
successful completion, issues the student a "Certificate of
Completion." Each school's authorizing official or adult training
coordinator maintains complete driver training records applicable to this
student, including copies of those completed by another school for the same
student. (2) For those students
who have completed the abbreviated adult course through an online program, the
hospital or rehabilitation facility that provides the behind-the-wheel
instruction maintains the "Certificate of Completion of an Online Adult
Program" for each student. The authorizing official or adult training
coordinator of a medically based hospital or rehabilitation facility determines
the student's successful completion and supplies a "Certificate of
Completion" compliant with rule 4501-8-10 of the Administrative
Code. (D) The medically based hospital or
rehabilitation facility shall have sufficient space for storing files. If
classroom driver training is not being provided at the medically based hospital
or rehabilitation facility, the requirement for a classroom is waived for this
type of facility. The facility shall comply with all other requirements of a
driver training school under Chapter 4501-8 of the Administrative
Code.
Last updated September 6, 2022 at 8:24 AM
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Rule 4501-8-07 | Disqualifying offenses.
Effective:
September 3, 2022
(A) "Disqualifying offense"
means a conviction, judicial finding of guilt, or plea of guilty to a criminal
offense that has is directly related to the duties and responsibilities related
to the operation of a driver training school, the operation as an instructor or
training manager, or both. A conviction of attempt, conspiracy, or complicity
to any section of the Revised Code or offense listed in paragraph (C) of this
rule is considered a disqualifying offense. (B) "Offense" for the purposes
of this rule means an offense as listed in sections of the Revised Code as
listed in this rule and includes any municipal ordinance, law of this state,
any other state or the United States that is substantially equivalent to any
section of the Revised Code or offense listed in paragraph (C) of this
rule. (C) For any license issued by the
department pursuant to Chapter 4508. of the Revised Code, with the exception of
section 4508.08, of the Revised Code and the related rules adopted by the
director, the following offenses are disqualifying offenses: (1) Violent offenses:
section 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary
manslaughter), 2903.04 (involuntary manslaughter), 2903.041 (reckless
homicide), 2903.05 (negligent homicide), 2903.11 (felonious assault), 2903.12
(aggravated assault), 2903.13 (assault), 2903.21 (aggravated menacing),
2903.211 (menacing by stalking), or 2909.24 (terrorism) of the Revised
Code; (2) Sexually-oriented
offenses: section 2907.02 (rape), 2907.03 (sexual battery), 2907.04 (unlawful
sexual conduct with a minor), 2907.05 (gross sexual imposition), 2907.06 (gross
sexual imposition), 2907.07 (importuning), 2907.08 (voyeurism), 2907.09 (public
indecency), 2907.19 (commercial sexual exploitation of a minor), 2907.21
(compelling prostitution), 2907.22 (promoting prostitution), 2907.23
(enticement or solicitation to patronize a prostitute; procurement of a
prostitute for another), 2907.231 (pandering obscenity involving minor or
impaired person), 2907.31 (disseminating matter harmful to juveniles), 2907.311
(displaying matter harmful to juveniles), 2907.32 (pandering obscenity),
2907.321 (pandering obscenity involving minor or impaired person), 2907.322
(pandering sexually oriented matter involving a minor or impaired person), or
2907.323 (illegal use of a minor or impaired person in nudity-oriented material
or performance) of the Revised Code or a violation of former section 2907.12
(felonious sexual penetration) of the Revised Code; (3) Child-related violent
offenses: section 2903.15 (permitting child abuse), 2905.05 (criminal child
enticement), 2919.22 (endangering children), 2919.24 (contributing to the
unruliness or delinquency of a child) of the Revised Code; (4) Arson offenses:
section 2909.02 (aggravated arson), and 2909.03 (arson) of the Revised
Code; (5) Vandalism and related
offenses: section 2909.05 (vandalism), 2909.06 (criminal damaging or
endangering), 2909.09 (vehicular vandalism) of the Revised Code; (6) Major motor vehicle
offenses: section 4511.19 (operating a motor vehicle under the influence),
4511.194 (having physical control of vehicle while under the influence),
2903.06 (aggravated vehicular homicide, vehicular homicide, vehicular
manslaughter), 2903.08 (aggravated vehicular assault, vehicular assault) of the
Revised Code; (7) Terrorism-related
offenses: section 2909.22 (soliciting or providing support for act of
terrorism), 2909.23 (making a terroristic threat), 2909.24 (terrorism), 2909.26
(criminal possession of chemical, biological, radiological, or nuclear weapon
or explosive device), 2909.27 (criminal use of chemical, biological,
radiological, or nuclear weapon or explosive device), 2909.27 (illegal assembly
or possession of chemicals or substances for manufacture of prohibited
weapons), and 2909.29 (money laundering) of the Revised Code; (8) Theft-related
offenses: section 2911.01 (aggravated robbery), 2911.02 (robbery) 2911.11
(aggravated burglary), 2911.12 (burglary), 2911.13 (breaking and entering),
2921.13 (falsification- in theft offense - to purchase firearm), 2921.41 (theft
in office) of the Revised Code; (9) Weapons-related
offenses: section 2923.02 (attempt ot commit an offense), 2923.12 (carrying
concealed weapons), 2923.122 (illegal conveyance of deadly weapon or dangerous
ordinance or of object indistinguishable from firearm in school safety zone),
2923.1211 (falsification of concealed handgun license - possessing a revoked or
suspended concealed handgun license), 2923.13 (having weapons while under
disability), 2923.132 (use of firearmor dangerous ordnance by violent career
criminal), 2923.15 (using weapons while intoxicated), 2923.16 (improperly
handling firearms in a motor vehicle), 2923.161 (improperly discharging firearm
at or into a habitation, in a school safety zone or with intent to cause harm
or panic to persons in a school building or at a school function), 2923.162
(discharge of firearm on or near prohibited premises), 2923.17 (unlawful
possession of dangerous ordnance - illegally manufacturing or processing
explosives), 2923.19 (failure to secure dangerous ordnance), 2923.20 (unlawful
transaction in weapons), 2923.201 (possessing a defaced firearm), 2923.21
(Improperly furnishing firearms to minor), 2923.211 (underage purchase of
firearm or handgun), 2923.24 (possessing criminal tools), 2923.241 (hidden
compartments in vehicles), 2923.32 (engaging in pattern of corrupt activity),
2923.42 (participating in criminal gang) of the Revised Code; (10) Drug related offenses; section 2925.02 (corrupting
another with drugs), 925.03 (trafficking, aggravated trafficking in drugs),
2925.04 (illegal manufacture of drugs - illegal cultivation of marihuana -
methamphetamine offenses), 2925.041 (illegal assembly or possession of
chemicals for manufacture of drugs), 2925.05 (funding, aggravated funding of
drug or marihuana trafficking), 2925.06 (illegal administration or distribution
of anabolic steroids), 2925.11 (possession of controlled substances), 2925.12
(possessing drug abuse instruments), 2925.13 (permitting drig abuse), 2925.14
(illegal use or possession of drug paraphernalia), 2925.22 (deception to obtain
a dangerous drug), 2925.23 (illegal processing of drug documents), 2925.24
(tampering with drugs), 2925.31 (abusing harmful intoxicants), 2925.32
(trafficking in harmful intoxicants - improperly dispensing or distributing
nitrous oxide), 2925.36 (illegal dispensing of drug samples), 2925.37
(counterfeit controlled substance offenses) of the Revised Code; (11) Failing to provide for a functionally
impaired person as set forth in section 2903.16 of the Revised
Code; (12) Menacing by stalking as set forth in
section 2903.211 of the Revised Code; (13) Patient abuse or neglect as set forth
in section 2903.34 of the Revised Code; (14) Patient endangerment as set forth in
section 2903.341 of the Revised Code; (15) Kidnapping as set forth in section
2905.01 of the Revised Code; (16) Abduction as set forth in section
2905.02 of the Revised Code; (17) Extortion as set forth in section
2905.11 of the Revised Code; (18) Coercion as set forth in section
2905.12 of the Revised Code; (19) Trafficking in persons as set forth
in section 2905.32 of the Revised Code; (20) Disrupting public services as set
forth in section 2909.04 of the Revised Code; (21) Aggravated trespass as set forth in
section 2911.211 of the Revised Code; (22) Safecracking as set forth in section
2911.31 of the Revised Code; (23) Tampering with coin machines as set
forth in section 2911.32 of the Revised Code; (24) Operating a gambling house as set
forth in section 2915.03 of the Revised Code; (25) Inciting to violence as set forth in
section 2917.01 of the Revised Code; (26) Riot as set forth in section 2917.03
of the Revised Code; (27) Telecommunications harassment as set
forth in section 2917.21 of the Revised Code; (28) Inducing panic as set forth in
section 2917.31 of the Revised Code; (29) Making false alarms as set forth in
section 2917.32 of the Revised Code; (30) Unlawful possession or use of a hoax
weapon of mass destruction as set forth in section 2917.33 of the Revised
Code; (31) Improperly handling infectious agents
as set forth in section 2917.47 of the Revised Code; (32) Unlawful abortion upon a minor as set
forth in section 2919.121 of the Revised Code; (33) Unlawful distribution of an
abortion-inducing drug as set forth in section 2919.123 of the Revised
Code; (34) Abortion manslaughter as set forth in
section 2919.13 of the Revised Code; (35) Abortion trafficking as set forth in
section 2919.14 of the Revised Code; (36) Dismemberment abortion as set forth
in section 2919.15 of the Revised Code; (37) Partial birth feticide as set forth
in section 2919.151 of the Revised Code; (38) Terminating or attempting to
terminate human pregnancy after viability as set forth in section 2919.17 of
the Revised Code; (39) Abortion after gestational age of
twenty weeks as set forth in section 2919.201 of the Revised Code; (40) Domestic violence as set forth in
section 2919.25 of the Revised Code; (41) Violating protection order as set
forth in section 2919.27 of the Revised Code; (42) Bribery as set forth in section
2921.02 of the Revised Code; (43) Intimidation as set forth in section
2921.03 of the Revised Code; (44) Intimidation of attorney, victim or
witness in criminal case of delinquent child action proceeding as set forth in
section 2921.04 of the Revised Code; (45) Retaliation as set forth in section
2921.05 of the Revised Code; (46) Perjury as set forth in section
2921.11 of the Revised Code; (47) Tampering with evidence as set forth
in section 2921.12 of the Revised Code; (48) Making or causing false report of
child abuse or neglect as set forth in section 2921.14 of the Revised
Code; (49) Making false allegation of peace
officer misconduct as set forth in section 2921.15 of the Revised
Code; (50) Compounding a crime as set forth in
section 2921.21 of the Revised Code; (51) Obstructing official business as set
forth in section 2921.31 of the Revised Code; (52) Obstructing justice as set forth in
section 2921.32 of the Revised Code; (53) Failure to comply with order or
signal of police officer as set forth in section 2921.331 of the Revised
Code; (54) Aiding escape or resistance to lawful
authority as set forth in section 2921.35 of the Revised Code; (55) Illegal conveyance of weapons, drugs,
or other prohibited items onto grounds of detention facility or institution as
set forth in section 2921.36 of the Revised Code; (56) Dereliction of duty as set forth in
section 2921.44 of the Revised Code; (57) Impersonation of peace officer or
private police officer as set forth in section 2921.51 of the Revised
Code; (58) Contaminating substance for human consumption or use or
contamination with hazardous chemical, biological, or radioactive substance -
spreading false report of contamination as set forth in section 2927.24 of the
Revised Code.
Last updated September 6, 2022 at 8:24 AM
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Rule 4501-8-08 | Financial responsibility.
Effective:
September 3, 2022
(A) Except for a driver training school
providing only online instruction, the authorizing official shall maintain
financial responsibility for the operation of all motor vehicles used for
instruction as specified in Chapter 4509. of the Revised Code. Such insurance
coverage shall be acquired from a company licensed to do business in this state
and be maintained as long as the driver training enterprise is operating a
driver training school. Proof of the insurance coverage required by this rule
shall be maintained with all motor vehicles used for instruction. (B) Except for a driver training school
providing only online instruction, insurance coverage shall be maintained in
the following minimum limits as provided in either paragraph (B)(1) or (B)(2)
of this rule: (1) (a) One hundred thousand dollars for bodily injury to or death of
one person in any one crash; (b) Three hundred thousand dollars for bodily injury to or death
of two or more persons in any one crash; (c) Twenty-five thousand dollars for injury to property of other
in any one crash; (d) Five thousand dollars medial payment for each
occupant; (e) Uninsured motorist coverage at least equal to the bodily
injury coverage required in paragraphs (B)(1)(a) and (B)(1)(b) of this
rule. (2) (a) Four hundred thousand dollars combined single limit liability
coverage; (b) Five thousand dollars medical payments for each
occupant; (c) Uninsured motorist coverage at least equal to the bodily
injury coverage required in paragraph (B)(2)(a) of this rule. (C) Except for a driver training school
providing only online instruction, failure to maintain the required insurance,
including the record of current coverage as required by this rule, may result
in the suspension or revocation of an authorizing official's driver
training enterprise license. (D) Students with a disability providing
motor vehicles for their own instruction shall provide proof of insurance or
other financial responsibility that indicates compliance with Chapter 4509. of
the Revised Code. Proof of coverage shall be provided prior to using such motor
vehicle for any behind-the-wheel instruction. (E) No driver training school license
will be issued or renewed until the authorizing official certifies that the
enterprise maintains a continuous performance bond or escrow account for each
of its schools in an amount sufficient to cover the cost of reimbursing
students for training and/or services not supplied. The amount of such bond or
escrow account shall be based on the number of students trained by the
enterprise or number of students anticipated to be trained by the enterprise.
Such bond or escrow account shall be no less than ten thousand dollars for the
first licensed school and no less than an additional two thousand dollars for
each additional licensed school under the enterprise. The bond or escrow
account shall continue in force as long as the enterprise operates a school or
as long as the enterprise has students to whom it is contractually
obligated. (1) The current and valid
performance bond or evidence of an escrow account shall be maintained at the
school office and filed as part of the school records and made available upon
request. Such bond or escrow account shall be obtained by the enterprise from a
company authorized to do business in this state specifying that such enterprise
shall not practice fraud or make any fraudulent representation which may cause
a monetary loss to a person taking instruction from the
enterprise. (2) The bond or escrow
account shall include the enterprise name, the amount of the bond or escrow
account, the effective date, and the period of coverage. (3) The bond or escrow
account shall name the department of public safety and the state of Ohio as
obligees and shall stipulate that the director shall be notified ten days
before the bond or escrow account terminates due to its expiration,
cancellation for any reason, or before the bond or escrow account is reduced in
value. (4) The bond or escrow
account is required of each licensed school, but does not apply to a driver
training school operated under the authority of the state of Ohio or any
political subdivision approved by the director. (5) Failure to maintain
such performance bond or escrow account, including record of bond or escrow
account required by this rule, during any portion of the licensure period may
result in suspension or revocation of an authorizing official's enterprise
license.
Last updated September 6, 2022 at 8:24 AM
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Rule 4501-8-09 | Course requirements.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) Abbreviated adult courses for
beginning drivers, who are at least eighteen years of age and older, may be
offered in three categories: (1) Four hours of
classroom equivalent training offered via the internet through a licensed
online enterprise; or (2) Four hours of
classroom or virtual classroom instruction offered through an abbreviated adult
training course; or (3) Four hours of
classroom, virtual classroom, or online instruction and four hours of
behind-the-wheel training. (4) Those students
electing only the courses provided in paragraphs (A)(1) and (A)(2) of the
Administrative Code will be required to drive twenty-four hours, not to exceed
four hours per day, with a valid licensed driver. Such students submit to the
registrar a signed "24-hour Affidavit" attesting that the student has
acquired a minimum of twenty-four hours of driving experience. (B) The abbreviated adult course
classroom and online instruction shall be based upon the principals of and
cover, at a minimum, the body of knowledge contained in the "Abbreviated
Adult Course Curriculum." The abbreviated adult course consists of four
hours of classroom or online instruction. (C) The abbreviated adult course
behind-the-wheel training shall be based upon the principals of and cover, at a
minimum, the laboratory lessons contained in the "Abbreviated Adult Course
Curriculum." The abbreviated adult course consists of four hours of
behind-the-wheel instruction. (D) Except as provided in rule 4501-8-06 of the Administrative
Code for a medically based hospital or rehabilitation facility that offers
instruction for persons with a disability, and for online enterprises offering
theory instruction only via the internet, enterprises that provide the
abbreviated adult course shall be able to provide both the classroom, virtual
classroom, and the behind-the-wheel training. (E) The classroom and virtual classroom instruction shall meet
the following requirements: (1) Maintain an environment in a manner
that is conducive to learning. In maintaining an environment that is conducive
to learning, consideration is given to the appropriate class size, appropriate
methods of maintaining discipline, and any other relevant factors; (2) For instruction
provided via a virtual classroom environment, the instructor shall periodically
ensure the students are present and actively engaged with the course content.
This may be accomplished through quizzes, worksheets, group activities, or
other educational activities related to the content being taught; (3) Provide a ten minute break at the
approximate mid-point of the lesson for students receiving more than two
continuous hours of training; (4) Any materials or workbooks used for
instruction shall be available to every student taking that instruction.
Instructional materials referenced during instruction shall be provided for
each student; (5) No use of videos, slides or films, or
activities unrelated to safe driving practices, driver knowledge, or driver
skill; (6) It shall be the responsibility of the
driver training enterprise to determine each student's successful
completion by means of a comprehensive final examination measuring driver
knowledge; (a) No student being tested shall be permitted to refer to any
materials that may contain answers to the questions thereon. (b) The final examination shall be administered and graded
in-person by a licensed instructor. Only examinations provided by the director
shall be used. Accommodations shall be made for the final examination to assist
students with confirmed learning difficulties. (c) The student shall answer seventy-five per cent or more of the
questions comprising the final examination correctly in order to constitute a
successful completion of the classroom instruction. (d) The student may be offered no more than two additional
opportunities to a final examination if the student failed the first attempt.
The student may not re-take an exam that the student had previously taken and
failed. (e) A student who fails all three attempts at the final
examination shall re-take the classroom instruction. (f) The record of all final examinations given shall include the
date the test was given, the student's score, the name and signature of
the instructor who administered and graded the exam, and the student's
name and signature. (7) A student who is absent from any
portion of the classroom instruction shall make up the segment of the
instruction missed prior to receiving a certificate. (F) The online abbreviated adult course
instruction shall meet the following requirements: (1) Student curriculum
and content based questions and/or comments shall be responded to by an online
instructor. This includes, but is not limited to, responses to message boards,
chat rooms, e-mails and telephone calls; (2) Any reference
material required for the student to complete the online instruction must be
provided to the student prior to the start of the online
instruction; (3) Each student
successfully enrolled in an online abbreviated adult course shall be provided
with a username and password. This username and password shall be required for
each time the student logs into the program; (4) Personal validation
questions appear, at a minimum, twice throughout the entire course and at a
minimum appear once during the final examination. The student shall answer
correctly the personal validation question within sixty seconds for the
questions presented over the internet. The student shall have no more than one
additional opportunity to answer another validation question if the student
fails to answer correctly the first question. Failure to answer both validation
questions correctly locks the student out of the program for a calendar
day; (5) The online driver
education program shall provide a final examination at the completion of the
program during the online provider's operational hours. An online
instructor shall be available during this time. In addition to paragraph (E)(6)
of this rule, with the exception of paragraph (E)(6)(b) of this rule, the final
examinations shall: (a) Include twenty questions that have been randomly drawn from
the "Abbreviated Adult Examination Questions Test Bank." No question
shall appear more than once per final examination; (b) Not identify the correct answer of a final examination
question to the student until the entire test has been completed and
submitted. (G) The behind-the-wheel training shall meet the following
requirements: (1) No behind-the-wheel
training shall be given to a student who does not hold and carry a valid
temporary permit or operator's license. No student shall be given
behind-the-wheel instruction using a permit or license which has expired or
which has been suspended or revoked; (2) When a student
operates a motor vehicle upon public highways, a licensed instructor shall be
in the vehicle seated beside the driver. The instructor shall wear, in a
conspicuous location, an identification card. The identification card displays
a clear photo of the instructor's face, the instructor's name and the
name of the driver training school for which the instructor is
working; (3) No instructor shall
give a student behind-the-wheel instruction before the student has received at
least two hours of classroom instruction; (4) No instructor shall
provide a student any behind-the-wheel instruction, if within the same day the
student has taken four hours of classroom instruction, unless the student has
been provided a thirty minute break after completion of the classroom
instruction; (5) Students receiving
more than two continuous hours of behind-the-wheel training shall be provided a
ten-minute break at the approximate mid-point of the lesson; (6) Instructors shall
ensure that a student's first thirty minutes of training occurs in an area
that is reasonable free from pedestrian and vehicular traffic, and that first
thirty minutes does not include operation of a vehicle on primary traffic
arteries, main highway routes, and other thoroughfares that carry a large
amount of traffic; (7) During times of
behind-the-wheel training, use of any items or behavior that causes
unreasonable distraction is prohibited. No eating or drinking by the students
is permitted in the vehicle during times of training or while the vehicle is in
motion; (8) No more than two
students may be in a vehicle while behind-the-wheel instruction is being given.
No credit for the hours of required behind-the-wheel training shall be given to
a student who is not driving; (9) An on-road evaluation
of the student's ability to drive shall be performed at the end of the
four hours. The evaluation shall be based upon basic driving skills and the
student's good faith effort to perform the basic skills. (H) The total training a student receives shall not exceed six
hours in one day, including both classroom, virtual, or online instruction and
behind-the-wheel training. (I) Classroom instruction, virtual instruction, online
instruction and behind-the-wheel training consists of no less than sixty
minutes for each hour credited towards the completion of the required training.
Time taken for breaks shall not be included when calculating completion of the
required instruction. (J) Except for an online abbreviated adult course, students shall
be taught and supervised by a licensed instructor. Licensed instructors shall
instruct students only under the authority and guidance of a licensed driver
training school. (K) For an online abbreviated adult course, any modifications
made to the online instruction, including but not limited to, design, quizzes,
activities, modules, content, law updates or resources must be approved by the
director prior to being placed into production. (L) In order to meet the standards set
forth in division (A)(2)(a) of section 4508.02 of the Revised Code, an online
abbreviated adult course provider must implement and maintain all security
controls included in the "Online Driver Education Security
Assessment." (M) All training as required in this rule, provided by the
enterprise shall be made available to, and completed by, the student within
three months of the first date of training, unless mitigating circumstances
occur. Mitigating circumstances include health and family issues that disrupt
the student's ability to receive training. Mitigating circumstances shall
be documented in the student's record. Requests for special circumstances
not listed to be considered as "mitigating" shall be requested
through the department. If no mitigating circumstances are approved, training
will be voided and the student shall re-take the training.
Last updated September 6, 2022 at 8:24 AM
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Rule 4501-8-10 | Certificates of completion.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) The director shall supply and
maintain record of the certificates as required by division (A) of section
4508.10 of the Revised Code. The record will include the name of the enterprise
and the date the certificates were supplied. The certificates will be supplied
to a licensed driver training enterprise. Certificates are non-transferrable to
any other enterprise. No authorizing official or training manager shall issue a
certificate before the student had completed all required
training. (1) Online enterprises
shall issue a "Certificate of Completion of an Online Adult Program"
to a student who has successfully completed four hours of online instruction.
Successful completion includes the student completing every module and passing
the final examination of the online abbreviated adult course. (2) Except for online enterprises, an
abbreviated adult course enterprise shall issue a "Certificate of
Completion" or a "Certificate of Classroom Completion" to a
student who is at least eighteen years of age and who has successfully
completed the abbreviated adult course required by division (F) of section
4508.02 of the Revised Code. (a) A "Certificate of Completion" is issued to
students who have completed both the classroom and behind-the-wheel training
with the abbreviated adult course enterprise. (b) "Certificate of Classroom Completion" is
issued to students who have completed only the classroom portion of the
abbreviated adult training course with an abbreviated adult course
enterprise. (B) When the authorizing official or
adult training coordinator determines that a certificate must be voided, the
box for "void" shall be marked on the on-line system. (C) In the event a "Certificate of
Completion," "Certificate of Completion of an Online Adult
Program," or "Certificate of Classroom Completion" is lost or
stolen after being issued to a student, the student may obtain a new
"Certificate of Completion," "Certificate of Completion of an
Online Adult Program," or "Certificate of Classroom Completion"
from the driver training enterprise that issued it. The student shall first
complete and sign the "Request for Duplicate Certificate." The adult
training coordinator or authorizing official, or a designee, marks the box for
"duplicate" and issues the new certificate via the on-line system. No
driver training school may charge a fee for a replacement certificate that
exceeds fifteen dollars. (D) An authorizing official or adult
training coordinator of the school who issues the certificate shall sign each
certificate. If an authorizing official or adult training coordinator permits
the use of a stamped or electronically produced signature, that official, or
coordinator is responsible for securing the stamp or electronic means. That
official or coordinator is responsible for any document on which that
official's or coordinator's signature is produced. (E) All unused certificates will be made
inaccessible by the director when a driver training enterprise closes for any
reason, including a license suspension or revocation.
Last updated September 6, 2022 at 8:24 AM
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Rule 4501-8-11 | Training agreements.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) A signed written agreement shall be
established between the student and the driver training enterprise prior to the
start of any training. Verbal agreements are prohibited. (B) All written agreements contain the
following: (1) The type of training
the enterprise will provide; (2) The full address where the classroom
instruction will be given, if applicable. Online adult abbreviated courses
shall use the office address of the company and its website
address; (3) All charges for the training course
stated clearly; (4) Policies for dismissal of a
student; (5) Refund policy; (6) Except for an online abbreviated
adult course, a statement regarding the use of an enterprise-owned vehicle for
the license examination if included in the charges, and if not included, any
additional charge for this service; (7) The agreement shall state that the
hours shall include four hours of classroom, virtual, or online instruction
based upon the "Abbreviated Adult Course Curriculum." (8) The agreement shall state that, if
elected by the student, that the four hours of behind-the-wheel training is
based upon the "Abbreviated Adult Course Curriculum." (9) A declaration of the date by which
the complete program of training will be made available to and completed by the
student. This date shall be no more than three months from the date the
instruction begins. (10) The statement,
"Driver training schools are licensed by the Department of Public Safety
through the Driver Training Program Office, 1970 West Broad Street, Columbus,
Ohio 43223." (11) The signature of the authorizing
official, adult training coordinator, or instructor and the date such signature
was made. (12) The signature of the student and the
date such signature was obtained. (C) A signed copy of the agreement shall
be given to the student on the day that it is executed. (D) If applicable, for a student who took
instruction through an online abbreviated adult course and elected to receive
behind-the-wheel training, an agreement must be established between the student
and the enterprise offering the behind-the-wheel training. Verbal agreements
are prohibited. Except for paragraph (B)(7) of this rule, all other
requirements in this chapter apply to the agreement. (E) Driver training enterprises shall use
reasonable controls to verify the student's identification when enrolling
in the program. For an abbreviated adult driving course, that offers classroom
and behind-the-wheel instruction, using a web-based enrollment process, secure
and reasonable controls to authenticate the student's identity are used.
An online enterprise shall develop and maintain the means to reasonably
authenticate the student's identity. This may be accomplished by a
combination of the following: (1) Third-party database
authentication; (2) Other secure means that are based on
emerging technologies and allow for reasonable assurance that the
student's identity is authenticated; or (3) A signed and notarized affidavit. The
affidavit includes certification that the parent or guardian submitted official
documents to verify the student's identity. The affidavit shall be
received by the online enterprise before training may begin.
Last updated September 6, 2022 at 8:25 AM
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Rule 4501-8-12 | Required records.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) Each licensed school shall maintain
student records for three years from the date the record was finalized,
regardless of whether the student has completed all training. (1) For an abbreviated
adult course offering classroom, virtual classroom, and behind-the-wheel
instruction, a record of the material taught for each student in each training
session, regardless of whether the student has completed all training. A
distinct record shall be kept for the classroom instruction, and a distinct
record shall be kept for behind-the-wheel training, if applicable. These
records include: (a) The student classroom and behind-the-wheel records
include the student's name and address; driver license or permit number
and, if applicable, its issuance date, the date of each training session, the
actual starting time, break time, and the actual ending time for each session
the student completed; (b) Each behind-the-wheel session notation signed or
initialed by the student and instructor, who provided the training, after
completion of the training. The record also includes the instructor's
license number for each session; (c) A record of the on-road evaluation performed for the
student. The evaluation includes the date of evaluation, signature and license
number of the instructor evaluating the student, and the student's
initials; (d) A record of the "Certificate of Completion"
or "Certificate of Classroom Completion," whichever is applicable,
issued including its number and the date of issue; (e) A complete roster of students attending each classroom
session. The roster includes the name of the school, date, time, break time,
topic of instruction, and instructor of record; (f) A record of the student's examination of knowledge
required by rule 4501-8-09 of the Administrative Code; (g) A copy of the training agreement between the enterprise
and each student trained; (h) The "Certificate of Completion of an Online Adult
Program" for those students who took an online abbreviated adult course
and have elected to receive behind-the-wheel instruction; (i) If applicable, the
"Request for Duplicate Certificate" for each duplicate certificate
issued. (2) For an online adult
abbreviated course, student records include, at a minimum; (a) The student's name and address; (b) The date the student started and date the student
completed the program; (c) The start time, end time, and total cumulative time
spent in each module of the online program; (d) The agreement between the enterprise and each student
trained; (e) The records for each examination provided to each
student, which includes: (i) All of the questions
asked and the student's responses; (ii) The name or identity
of the online instructor entering comments or responding to questions during
each final examination. (f) A record of every "Certificate of Completion of an
Online Adult Program" issued by the online provider to students under
eighteen years of age, in a format prescribed by the director. (g) If applicable, the
"Request for Duplicate Certificate" for each duplicate certificate
issued. (B) All driver training enterprises and
schools shall maintain an instructor file for all instructors currently
employed and maintain the records for at least three years following the
termination of an instructor's employment. The records
include: (1) A copy of each
instructor's current license. The instructor's license, or a
photocopy of the license, shall also be maintained by the instructor, and by
each enterprise for which the instructor trains. The license, or a photocopy
thereof, is kept in the instructor's possession at any time the instructor
is training students. (2) The enterprise or
organization that completed the training is responsible for maintaining the
records of the instructors. This includes the dates, times, location of
training and curriculum used. (3) For instructors with
the adult coordinator or disability endorsement, proof of completion of the
training provided to obtain such endorsement. (4) A copy of each
instructor's current driving record submitted during the annual license
renewal. (5) An annual assessment
for all instructors performed by the adult coordinator that are in a written
format pre-approved by the director. (6) Proof of the annual
"Sexual Harassment Prevention Training" course
completion. (7) Proof of satisfactory
completion of a pre-approved advanced training course as set forth in
paragraphs (T) and/or (V) of rule 4501-8-05 of the Administrative Code,
whichever is applicable. (8) The "Driver
Training Personnel Physical Examination" as set forth in paragraph (F) of
rule 4501-8-03 of the Administrative Code. (9) Except for an online
abbreviated adult course, the record of the schedule or log for
behind-the-wheel instruction for each instructor that includes the date, start
and ending time, and student name for each lesson for three years. (10) Records for an adult
coordinator's and/or instructor's behavioral problem(s) that give
good cause for the belief that the instructor and/or adult coordinator could be
physically or mentally unfit to perform their duties. The records also include
disciplinary actions taken to correct such behavior in the instructor's
file. (C) Driver training enterprises and
schools shall also maintain a file for business records. These records
include: (1) The current school
license. A copy shall be made available to any person upon request. Except for
an online abbreviated adult course, the original school license is posted in
the school in a conspicuous location where any person who enters the school can
see it. If a license cannot be posted at the school, the license, or a copy
thereof, is carried to each training session provided in that
school; (2) A copy of the deed,
lease, or rental agreement for the property used as the established place of
business; (3) Proof of valid
insurance coverage as set forth in paragraphs (B) in rule 4501-8-08 of the
Administrative Code, whichever is applicable; (4) Proof of a valid and
continuous bond or escrow account covering the enterprise's obligations to
provide student instruction as set forth in paragraph (F) in rule 4501-8-08 of
the Administrative Code; (5) The annual
"Motor Vehicle Inspection List"; (6) A complete copy of
the "Abbreviated Adult Course Curriculum" and lesson plans used by
the school and any supporting articles, or other sources of driver training
information used for the classroom or behind-the-wheel
instruction. (D) If an instructor, authorizing
official, or coordinator permits the use of a stamped or electronically
produced signature, that instructor, official, or coordinator is responsible
for securing the stamp or electronic means, and that instructor, official, or
coordinator is responsible for any document on which that instructor's,
official's, or coordinator's signature is produced. (E) All of the documents listed in this
rule shall be kept accurately and stored in a file in the office of the school
that conforms to the standards under this chapter. Finalized records may be
stored at the enterprise's main office. Active student records shall be
stored on site in the classroom or in an office located in the same county as
or in a county adjacent to where the training takes place. The authorizing
official or adult training coordinator shall make all records available for
inspection by the director. The authorizing official or adult training
coordinator shall make all applicable records available for inspection by a
student and/or the student's parent or legal guardian at any and all
reasonable times. These documents shall be furnished upon request to the
director. (F) If a school closes or an enterprise
discontinues business for any reason, the authorizing official or adult
training coordinator shall complete and submit the "Enterprise Closing
Procedure" to the director at least thirty days prior to
closing. (G) No person shall falsify, alter, or in
any manner tamper with any records required to be kept by this
chapter. (H) All records required to be maintained
by an enterprise under the rules of this chapter that are stored
electronically, shall be stored either in a secured computer at the office for
the enterprise or at a secure off-site data center. The authorizing official or
adult training coordinator shall make all records available for inspection by
the director. The authorizing official or adult training coordinator shall make
all applicable records available for inspection by a student and/or the
student's parent or legal guardian at any and all reasonable times. Any
records required to be maintained which are in a computer database shall be
accessible and capable of being distinguished from non-related
records. (I) All records required to be maintained
in this rule and chapter shall be made available to the director upon
request.
Last updated September 6, 2022 at 8:25 AM
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Rule 4501-8-13 | Vehicles used to train.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) Every driver training enterprise that
provides students with behind-the-wheel instruction in the operation of motor
vehicle shall supply all equipment necessary to give the required instruction
for operating motor vehicles, except that a student with a disability may
provide a motor vehicle that is specially equipped for that student's
disability. (B) Every motor vehicle used to provide
behind-the-wheel instruction shall be maintained in safe mechanical condition
and shall be in compliance with all applicable provisions of Chapter 4513. of
the Revised Code. (C) Safety belts that meet the standards
set forth in section 4513.262 of the Revised Code shall be provided for all
occupants of motor vehicles used for driver training. Such belts shall be in
use by all occupants of a driver training vehicle at all times. (D) All motor vehicles used for
behind-the-wheel training shall be equipped with dual controls as defined in
this chapter of the Administrative Code. The auxiliary control device shall be
securely fastened and easily accessible to the person seated in the front
passenger seat. (E) All motor vehicles used for
behind-the-wheel instruction shall be equipped with inside rearview mirrors for
both the driver and instructor and outside rearview mirrors on the
driver's and instructor's side of the vehicle. A visor mirror shall
not be used as an inside rear view mirror. (F) All motor vehicles used for training
shall be equipped with a sign on the front of the vehicle and a sign on the
rear of the vehicle containing the words, "student driver." The words
of both signs shall be visible and legible outside of the motor vehicle from
both the front and the rear. Such words shall be a minimum of three inches
high, contrast the color of the vehicle and use material that reflects light at
night. Any other words on such signs shall be no more than two inches high.
Additional signs on the front, rear, or doors that indicate the vehicle is
being used as a driver-training vehicle are permitted. (G) Every motor vehicle shall carry a
current financial responsibility identification card or insurance
identification card that complies with rule 4501:1-2-02 of the Administrative
Code. (H) The authorizing official or adult
training coordinator of the school shall make all motor vehicles used by the
school available for inspection by the director at any and all reasonable
times. (1) Every motor vehicle
used by the school shall be inspected annually. No motor vehicle shall be used
for behind-the-wheel instruction unless it is inspected and received an
inspection number by the director within the last twelve months. (2) When a driver
training enterprise obtains vehicles to add to its fleet for instructional
purposes, after the annual inspection, the authorizing official or adult
training coordinator notifies the department for a motor vehicle inspection.
The department will schedule a motor vehicle inspection in response to such a
request from a driver training school official, coordinator, or
instructor. (a) Prior to first using a vehicle for training, the
authorizing official or adult training coordinator shall: (i) Inspect the vehicle
for compliance to provisions in paragraphs (A), (B), (C), (D), (E), (F) and (G)
of this rule completing a form prescribed by the director; (ii) Add the vehicle
information to the fleet list for the online school function; and (iii) Schedule the
vehicle for inspection by the department. (b) If the motor vehicle acquired by the enterprise meets
the provisions of this rule as determined by the authorizing official or adult
training coordinator, but does not receive the inspection number required by
this rule, the motor vehicle may be used for a period not to exceed thirty days
from the date the vehicle was acquired by the driver training
enterprise. (I) A person who has a disability may
provide and receive instruction in a motor vehicle that has been altered for
the purpose of providing the person with special equipment. Any vehicle
provided for this purpose shall be in a safe operating condition as determined
by the licensed driver training instructor, adult training coordinator, or
authorizing official, and the vehicle shall be insured as provided in paragraph
(D) of rule 4501-8-08 of the Administrative Code.
Last updated September 6, 2022 at 8:25 AM
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Rule 4501-8-14 | Safe operation of vehicles.
To assure the safety and welfare of students and
instructors when providing behind-the-wheel instruction, the driver training
enterprise's authorizing officials, coordinators, and instructors shall
assess all factors that affect driving conditions and shall take corrective
action to ensure the continued safe operation of driver training vehicles.
Officials, coordinators, and instructors shall evaluate road conditions, the
environment, vehicle condition, road construction, traffic, weather, and any
other factors that may affect the safe operation of a motor vehicle before and
during any behind-the-wheel instruction.
Last updated October 23, 2023 at 10:47 AM
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Rule 4501-8-15 | Use of driver examination test routes.
(A) No authorizing official or adult training coordinator of a
driver training enterprise or school shall use, or permit the school's
instructors to use, any driver test routes or sites of a driver license
examination station for instruction during the hours the examining station is
open for business. (B) No driver training
instructor shall use any driver test routes or sites of a driver license
examination station for instruction during the hours that the examining station
is open for business.
Last updated October 23, 2023 at 10:48 AM
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Rule 4501-8-16 | Advertising and soliciting business.
(A) A driver training enterprise shall not use any name other
than its licensed name for advertising or publicity purposes, nor shall a
driver training enterprise advertise or imply it is supervised, recommended, or
endorsed by the director, the department, or the state highway
patrol. (B) A driver training enterprise shall not advertise or imply
that it is endorsed or sanctioned by any organization unless such endorsement
or sanction is maintained on file in written form at the school office and can
be produced upon demand of any person. (C) No person shall advertise in any manner an abbreviated adult
course prior to being licensed as a driver training school. (D) Advertisements shall not list program information or offer
discounts that are inaccurate or not available during the time that the
advertisement is valid. (E) Advertisements shall not include any erroneous, misleading,
or false information. (F) Advertisements posted in classified sections of any published
media shall not state that a position of employment shall result from the
training received. This rule shall not limit the ability of a driver training
enterprise to solicit employees for the driver training enterprise
itself. (G) No driver training enterprise shall solicit or advertise for
business at or in the immediate area used by patrons of any office used for
conducting driver license examinations. The use of an enterprise's
licensed name on its motor vehicles or place of business shall not be construed
as advertising or soliciting under this rule. (H) No driver training enterprise shall solicit or advertise for
business without supplying its name and the location where training is
conducted.
Last updated October 23, 2023 at 10:48 AM
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Rule 4501-8-17 | Prohibition of guarantees.
No person associated with a driver training
enterprise shall assert or imply that the person or the enterprise will
guarantee a license to operate a motor vehicle as a result of the training
received. No person associated with a driver training enterprise shall assert
or imply that the enterprise will guarantee employment in the operation of a
motor vehicle upon completion of the course, nor shall any person associated
with the enterprise assert that the enterprise will guarantee that the student
will pass the state examinations in the operation of motor vehicles.
Last updated October 23, 2023 at 10:48 AM
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Rule 4501-8-18 | Inspections and investigations.
Effective:
September 3, 2022
(A) Every place used as an office or
classroom by a driver training enterprise, except as provided in paragraph (B)
of this rule, shall be subject to inspection and/or investigation by the
director during reasonable hours. Inspections and investigations may include,
but are not limited to, any and all records, facilities, classroom instruction,
virtual classroom instruction, behind-the-wheel instruction, and vehicles used
for behind-the-wheel instruction. The enterprise's authorizing official or
the school's adult training coordinator shall make school records, student
records, vehicles, and facilities required by this chapter available to the
director for inspection. The adult training coordinator or authorizing official
shall, upon the director's request, produce records for copying. Such
records shall be promptly returned to the school. (B) An online enterprise shall be subject
to inspections and/or investigations by the director during reasonable hours.
Inspections and investigations may include, but are not limited to, all student
records, training modules, information technology infrastructure, security
measures and other aspects of the online abbreviated adult program. The
director may inspect and/or investigate supporting documentation to include
access to computer logs related to the inspection and/or investigation. If the
technical support, application server host, or data storage facilities are
located outside the state of Ohio, the authorizing official shall submit, upon
request of the director, a report encompassing the rules of this chapter to
meet the requirements in lieu of a state-conducted inspection and/or
investigation of technical support, application server host, or data storage
facilities. The authorizing official shall make school and student records
required by this chapter available to the director online, in a
password-protected environment, upon request.
Last updated September 6, 2022 at 8:25 AM
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Rule 4501-8-19 | Administrative actions by the department.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of
the Administrative Code.] (A) The director may reject any
application or the "renewal requirements" for license when the
director determines the applicant may have violated any of the provisions of
Chapter 4501-8 of the Administrative Code or Chapter 4508. of the Revised
Code. (B) When the director has rejected an
application or the "renewal requirements" for a license, or when the
director determines that a licensee may have violated any of the provisions of
Chapter 4501-8 of the Administrative Code or Chapter 4508. of the Revised Code,
the applicant shall be afforded an opportunity for a hearing in accordance with
sections 119.01 to 119.13 of the Revised Code. (C) The director may reprimand, deny,
suspend, revoke, or place on probationary status the license of any driver
training school, adult training coordinator, online instructor or instructor
when the director determines that the applicant or licensee has violated any of
the provisions of Chapter 4501-8 of the Administrative Code or Chapter 4508. of
the Revised Code. (D) The director may reprimand, deny,
suspend, revoke, or place on probationary status the license of any driver
training enterprise if the enterprise fails to pay for the fees and fines owed
to the department, as set forth in Chapter 4501-8 of the Administrative Code
and Chapter 4508. of the Revised Code. (E) The director may suspend an online
instructor, instructor, or adult training coordinator license without a prior
hearing if the director believes there exists clear and convincing evidence of
any conduct, as specified in division (B) of section 4508.06 of the Revised
Code, committed by the online instructor, instructor or adult training
coordinator. (F) The director may suspend a driver
training school license without a prior hearing if the director believes there
exists clear and convincing evidence of any conduct or risk as specified in
division (C) of section 4508.06 of the Revised Code. (G) The director, in accordance with
section 119.07 of the Revised Code, shall issue a written order of suspension
and provide the opportunity for a hearing for an online instructor, instructor,
adult training coordinator, or driver training school, immediately following
the decision to impose a suspension.
Last updated October 23, 2023 at 10:48 AM
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Rule 4501-8-20 | Process for armed forces applications.
(A) The department shall track and monitor "Abbreviated
Adult Driver Training Instructor Applications" and "renewal
requirements" that have been received from veterans or members of the
armed forces and/or spouses or surviving spouses of veterans or members of the
armed forces. (B) The department shall prioritize and expedite completed
"Abbreviated Adult Driver Training Instructor Applications" and
"renewal requirements" for veterans or members of the armed forces,
and spouses or surviving spouses of veterans or members of the armed forces
within two business days of the receipt of a completed "Abbreviated Adult
Driver Training Instructor Applications" and "renewal
requirements." An application shall be considered complete only when all
requirements as set forth in rule 4501-8-05 of the Administrative Code are met
and the documentation as required in paragraph (C) of this rule has been
provided to the department. (C) Satisfactory evidence that the applicant or applicant's
spouse is a veteran or member of the armed forces includes the applicant's
official military identification card, official DD-214 separation document, or
other official military documentation approved by the director of the
department. A marriage certificate may be required, in addition to the evidence
of status as a veteran or member of the armed forces, if the applicant is the
spouse of a veteran or member of the armed forces. (D) In order to expedite the processing of applications and
renewals, especially for individuals facing imminent deployment, the department
shall accept necessary information in support of the applications by electronic
and other appropriate means.
Last updated October 23, 2023 at 10:48 AM
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Rule 4501-8-21 | Incorporated materials.
Effective:
September 3, 2022
[Comment: For dates and availability of material
incorporated by reference in this chapter, see paragraph (A) of this
rule.] (A) Incorporated by reference. This
chapter includes material that has been incorporated by reference. If the
material is subject to change, only the specific version listed in this rule is
incorporated. Any revision to the referenced material is not incorporated
unless and until this rule has been amended to specify the new
date. (1) "24-hour
Affidavit" or "BMV 5789" (April, 2016) may be accessed via the
bureau of motor vehicles' website at
https://publicsafety.ohio.gov/static/bmv5789.pdf. (2) "Abbreviated Adult Course
Curriculum" or "DTO 0210" (August, 2017) is available through
the driver training program office, 1970 West Broad street, Columbus, Ohio
43223. (3) "Abbreviated
Adult Driver Training Enterprise Application" or form "DTO 0119"
(February, 2016) may be accessed via the driver training program office website
at http://www.drivertraining.ohio.gov/forms.aspx or electronically through the
"Driver Education and Training System" at
https://services.dps.ohio.gov/DETS. (4) "Abbreviated
Adult Driver Training Instructor License Application" or form
""DTO 0121" (February, 2016) may be accessed via the Ohio driver
training program website at http://www.drivertraining.ohio.gov/forms.aspx or
electronically through the "Driver Education and Training System" at
https://services.dps.ohio.gov/DETS. (5) "Abbreviated Adult Examination
Questions Test Bank" is made available to licensed online driver training
enterprises upon written request submitted to "Driver Training Program
Office, 1970 West Broad Street, Columbus, Ohio 43223." (6) "Certificate of Completion"
is made available to licensed driver training enterprises, except for online
driver training enterprises, and may be accessed via the driver training
program office on-line application database at
https://services.dps.ohio.gov/DETS. (7) "Certificate of Completion of an
Online Adult Program" is made available to licensed online enterprises,
and may be accessed via the driver training program office on-line application
database at https://services.dps.ohio.gov/DETS. (8) "Certificate of Classroom
Completion" is made available to licensed driver training enterprises
offering the abbreviated adult training course, and may be accessed via the
driver training program office on-line application database at
https://services.dps.ohio.gov/DETS. (9) "Digest of Motor Vehicle
Laws" or "HSY 7607" (October, 2021) may be accessed via the
bureau of motor vehicles' website at http://www.ohiobmv.gov/. (10) "Driver Training Personnel
Physical Examination" or "DTO 0117" (May, 2021) may be accessed
via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (11) "Enterprise Closing Procedure
Form" or form "DTO 0158" (July, 2014) may be accessed via the
driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (12) "Minimum
Standards for an Online Abbreviated Adult Course" or form "DTO
0211" (February, 2016) may be accessed via the Ohio driver training
program website at http://www.drivertraining.ohio.gov/forms.aspx. (13) "Motor Vehicle Inspection
List" or form "DTO 0142" (March, 2021) may be accessed via the
driver training program website at
http://www.drivertraining.ohio.gov/forms.aspx. (14) "Online Driver
Education Security Assessment" or "DTO 0201" (January, 2022) may
be accessed via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (15) "Renewal requirements" are
available through the driver training program's on-line application
database at https://services.dps.ohio.gov/DETS. (16) "Request for Duplicate
Certificate" or form "DTO 0120" (July, 2014) may be accessed via
the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (17) "Sexual Harassment Prevention
Training" or "WBT650-DriversTraining" (September, 2014) may be
accessed via the "Public Safety Training Campus" at
http://www.drivertraining.ohio.gov/. (B) Materials incorporated by reference
are also available by writing to the "Ohio Department of Public Safety,
Driver Training Program, 1970 West Broad Street, Columbus, Ohio
43223."
Last updated September 6, 2022 at 8:25 AM
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