4501-8-11 Training agreements.

[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. A signed copy of the written agreement shall be maintained in the school office files for a period of three years.

(B) All written agreements shall contain the following:

(1) The full address where the classroom instruction will be given. Online adult abbreviated courses shall use the office address of the company and its website address;

(2) All charges for the training course stated clearly;

(3) Policies for dismissal of a student;

(4) Refund policy;

(5) 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;

(6) The agreement shall state that the hours shall include four hours of classroom or online instruction based upon the "Abbreviated Adult Course Curriculum."

(7) 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."

(8) 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.

(9) The signature of the authorizing official, adult training coordinator, or instructor and the date such signature was made.

(10) 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)(6) 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 shall be 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 shall include 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.

Effective: 7/1/2016
Five Year Review (FYR) Dates: 06/20/2021
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02 , 4508.03