This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4501-21-01 | Definitions.
For purposes of this chapter: (A) "Adult Remedial Driving
Course" means the course of adult remedial driving instruction conducted
as provided in sections 4510.037 and 4510.038 of the Revised Code, including,
but not limited to, those programs related to a two-point credit or
twelve-point suspension. (B) "Advanced Juvenile Driver
Improvement Program" or "advanced juvenile program" means the
course of juvenile remedial instruction that includes a minimum of two hours of
classroom and a minimum of four hours of behind-the-wheel instruction in a
closed-course facility as provided in sections 4510.31 and 4510.311 of the
Revised Code. (C) "Advanced Skills
Instructor" or "Instructor" means a person certified to train
students in the operation of vehicles in the course of the "Advanced
Juvenile Driver Improvement Program." (D) "Approved curriculum" means the most current
version of an adult remedial driving course or advanced juvenile program
curriculum that has been submitted to the department as required in rule
4501-21-06 of the Administrative Code and approved by the
department. (E) "Asynchronous" means
education, instruction, and learning that do not occur in the same place or at
the same time. It is a learning style that is self-directed involving a student
and the content. (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, public school, or an association for the facilities, equipment,
instructors, managers and other employees of a remedial driving course
enterprise. (G) "Certificate of completion" or
"certificate" means a certificate printed, administered, and supplied
by the department to an approved remedial driving course enterprise and issued
by the enterprise to students who have completed the remedial driving
course. (H) "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. (I) "Chief Instructor" means an "Advanced
Skills Instructor" responsible for instructors and ensuring the overall
instructor and student training is compliant with the requirements of this
chapter. (J) "Classroom instruction" refers to in-person
classroom instruction only and is not intended to refer to technology-based
instruction. (K) "Course manager" or "manager" means
a person designated by an authorizing official of a remedial driving course
enterprise to carry out orders, instruct, and conduct the business and manage a
remedial driving course including the training and supervision of instructors
of an adult remedial driving course or a juvenile remedial driving
course. (L) "Department" means the Ohio department of
public safety. (M) "Director" means the director of the Ohio
department of public safety or the director's designee. (N) "Disqualifying offense" has
the same meaning as in section 9.79 of the Revised Code. (O) "Enterprise" or "remedial driving course
enterprise" means a person, non-profit, or government entity that operates
a remedial driving course program. (P) "Home office" means a room in a residence
that is used exclusively for the administrative purposes of the remedial
business. (Q) "Instructor" means any person, whether acting
for self as operator of a remedial driving course or for such an enterprise,
who teaches, conducts classes of, gives demonstrations to, monitors
participation of, or monitors final written examination of, persons learning
about the safe operation of motor vehicles. (R) "Juvenile Remedial Driving Course" or
"juvenile driver improvement program" means the six-hour classroom
course of juvenile remedial driving instruction as provided in sections 4510.31
and 4510.311 of the Revised Code. (S) "Online" means an asynchronous course offered
via the internet. (T) "Ownership" means the legal right of
possession; proprietorship. (1) A change in ownership
of an enterprise includes the conveyance by a partner of his interest in the
partnership that results in the dissolution of the partnership. (2) Change in ownership
of an enterprise does not include the conveyance by a partner of his interest
to another when such conveyance does not dissolve the partnership. (U) "Person" means an individual, corporation,
business trust, estate, trust, partnership, or association. (V) "Pre-registration" means the process in which
each student is given a unique user ID and password by the provider of the
classroom portion of the course prior to beginning the technology-based
method(s) of the course, and that will provide the student with access to the
technology-based method(s) of the course. This pertains to an adult remedial
driving course enterprise that includes technology-based method(s) training for
students. (W) "Range" means an off-highway site designed
for training motor vehicle drivers that does not permit public traffic to pass
through the site. (X) "Remedial driving course" and "remedial
program" can refer to the "Adult Remedial Driving Course," the
"advanced juvenile program" and/or the "juvenile driver
improvement program." (Y) "Video teleconferencing" means providing the
classroom training through a technology platform with video and audio, where
students may view presentations and/or videos, and interact with the instructor
and other participants, all in real time. (Z) "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, engage with
resources, and engage in work groups, all in real time. (AA) "Year" means twelve consecutive months
beginning January first and ending December thirty-first.
Last updated May 2, 2022 at 9:08 AM
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Rule 4501-21-02 | Scope.
Effective:
April 17, 2014
This chapter covers approval of adult remedial driving courses pursuant to sections 4510.037 and 4510.038 of the Revised Code and juvenile remedial driving courses, including the advanced juvenile program, pursuant to sections 4510.31 and 4510.311 of the Revised Code.
Last updated October 23, 2023 at 11:27 AM
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Rule 4501-21-03 | Place of business.
(A) Remedial enterprise office. All
remedial course enterprises shall establish an office that shall be owned,
leased, or rented by the enterprise. (1) A single business
enterprise may own and operate more than one remedial course. Except for an
out-of-state online remedial course, any facility used as a remedial course
office is inspected and approved by the director prior to its use as a remedial
driving course office. The use of a mobile or modular structure as a remedial
course office is allowed if the structure is installed on a permanent
foundation. (2) Except for an online
only adult remedial course enterprise, the office for a remedial course
enterprise is a fixed geographical location within the state of Ohio
and: (a) Has access to computers, printers, e-mail, and internet
functions; (b) Has space adequate to conduct any necessary
business; (c) Posts, in a place that can be readily seen, of the
remedial course fee schedules and display of the department issued remedial
course certificate of approval; and (d) Conforms to all federal, state and local fire, building
and safety regulations. (3) Each adult remedial
course enterprise providing online education maintains at least one office at a
fixed geographical location where records are kept. (B) Any remedial course office, where
students are permitted, shall not consist of a house trailer; tent; temporary
stand; post office box; rooming house or apartment. It shall not be located
within a guest or sleeping room, or in a room that is designated or designed as
a sleeping room in a hotel or motel. No enterprise may share any office with
any other remedial driving course enterprise unless the same person owns both.
A home office may be utilized for the sole purposes of administrative work,
which includes handling phone calls, completing paperwork, etc. No students are
permitted in a home office. (C) If a home office is used, the
remedial driving course fee schedules and department issued remedial course
certificate of approval shall be posted at the location where the remedial
program is offered.
Last updated May 2, 2022 at 9:08 AM
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Rule 4501-21-04 | Character and fitness.
(A) Any person connected in any manner
with a remedial driving course enterprise shall be of good character and
reputation and comply with all rules of this chapter. (B) The conviction of any person
connected in any manner with a remedial driving course enterprise of any
disqualifying offense shall be grounds to deny issuing or renewing approval or
grounds for suspending or revoking a previously issued approval. (C) Every person connected in any manner
with a remedial driving course enterprise, shall conduct himself or herself in
a professional manner and shall comply with all applicable state and federal
laws which prohibit discrimination based upon race, color, national origin,
sex, sexual orientation, age, handicap, disability, ancestry or
religion. (D) The director may deny the issuance of
approval to any enterprise for which the applicant has had a driver training
school, driver training school manager, or driver training school instructor
license revoked or denied, or a remedial driving course approval revoked or
denied within the five years immediately preceding the current filing for an
application or renewal. (E) No remedial driving course manager,
chief instructor or authorizing official shall knowingly permit any course
manager, chief instructor or instructor of the enterprise who is not physically
or mentally sound to instruct students or manage the course. (F) A remedial driving course manager,
chief instructor or instructor shall notify the authorizing official of any
remedial driving course enterprise with which the person is affiliated of any
injury, any physical or mental impairment, or that the person is currently
taking any drug or medicine that may affect that instructor's or
manager's ability to effectively and safely instruct students or manage
the course. (G) No course manager, chief instructor
or authorizing official shall knowingly permit any course manager, chief
instructor or instructor of the enterprise to accept cash payments or gifts
from students. No instructor shall knowingly accept cash payments or gifts from
any student in a course, except on behalf of the remedial driving course
enterprise as payment for services. (H) The authorizing official of a
remedial driving course enterprise shall notify the director in writing of
legal action that is filed against or by the enterprise, its officers, any
owner, or any instructor arising from the enterprise's failure to perform
or to operate its courses safely, within ten working days after the school, its
officers, any owner, or any instructor has commenced the legal action or has
been served with legal process. Included with the written notification, the
enterprise shall submit a file-marked copy of the petition or complaint that
has been filed with the court.
Last updated May 2, 2022 at 9:08 AM
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Rule 4501-21-05 | Application for and renewal of remedial driving course approval.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] (A) No person shall establish a remedial
driving course or allow such course to continue unless the authorizing official
first applies for and obtains from the director of public safety approval for a
remedial driving course. The authorizing official is responsible to ensure the
remedial driving course enterprise is in compliance with sections 4510.037 and
4510.038 of the Revised Code and Chapter 4501-21 of the Administrative Code or
in the case of a juvenile remedial driving course or an advanced juvenile
driver improvement program, sections 4510.31 and 4510.311 of the Revised Code
and Chapter 4501-21 of the Administrative Code as well as all other applicable
local, state, and federal laws. No motorcycle training or motorcycle safety
program is administered under this chapter of the Administrative
Code. (B) A remedial driving course enterprise may share the same
name as another remedial driving course enterprise if the same person owns
both. The enterprise name shall be registered with the secretary of
state. (C) Each authorizing official applying for a remedial
driving course approval submits the "Remedial Course Provider
Application" to the department. Each application for an original remedial
driving course approval includes: (1) The "Remedial
Course Provider Application"; (2) Proof of legal
occupancy for each remedial driving course school. For an online adult remedial
school or virtual remedial school, proof of legal occupancy for the enterprise
office. The proof includes the parties with whom the agreement is made, address
of the property for which the agreement is made, monetary consideration, even
if none, and term of the agreement. The signatures and date of signatures shall
be included. (3) Proof of a fire
inspection for each school location or office, whichever is applicable, that is
compliant with all applicable local, state and federal laws. The inspection
shall have been performed no more than one year from the date the
"Remedial Course Provider Application" was received. (4) The "List of Personnel Used by
the Enterprise"; (5) Criminal background checks of the
authorizing official and owner that are dated not more than ninety days prior
to the date the "Remedial Course Provider 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. (6) Except for an online adult remedial
course, a copy of the course manager's certificate of training showing
the course manager has completed a remedial training course approved by the
director. For an advanced juvenile driver training program, a copy of the chief
instructor's certificate showing he or she has completed a chief
instructor's training course approved by the director; (7) Certification that the authorizing
official will operate the remedial driving course enterprise in compliance with
all applicable local, state, and federal laws; (8) Proof of eligibility to provide
training: (a) For the adult remedial course, a copy of the certificate of
the training from an organization on the list of approved curriculum providers,
which is available on the driver training web page at
http://www.drivertraining.ohio.gov/schools.htm, or a copy of a proposed
curriculum for review and approval as provided in rule 4501-21-06 of the
Administrative Code; (b) For the juvenile remedial driving course, as provided in
rules 4501-21-06 and 4501-21-13 of the Administrative Code, a copy of the
certificate of completion for training in the curriculum provided by the
department; (c) For the advanced juvenile driver improvement program, a copy
of the certificate of the training from an organization on the list of approved
curriculum providers, which is available on the driver training web page at
http://www.drivertraining.ohio.gov/schools.htm, or a copy of a proposed
curriculum for review and approval as provided in rule 4501-21-06 of the
Administrative Code. (d) For an online adult remedial course, the complete
online adult remedial course in written format and include full access to the
proposed internet based website or portal for review. The online adult remedial
course may be approved once the online course has met an "Acceptable"
rating for all requirements as set forth in the "Minimum Standards for an
Online Adult Remedial Course." (9) A copy of the performance bond or
evidence of an escrow account as required in rule 4501-21-07 of the
Administrative Code; (10) Except for an online adult remedial
course, copies of the following forms: (a) "Remedial Student Report Form"; (b) An enrollment contract; and (c) The course evaluation form. (11) For an online adult remedial driving
course enterprise that includes partial technology-based method(s) training for
students, the enterprise develops and implements procedures for obtaining and
verifying successful student completion of the portion of the course completed
by the student through the technology-based method(s). If a proposal is
submitted that includes separate technology-based method(s) and classroom
providers, then the proposal includes a plan for the online provider to
transfer the student completion data directly to the classroom course
provider. (D) In addition to requirements in paragraph (C) of this
rule, an advanced juvenile program application also includes: (1) A copy of the
"behind-the-wheel" evaluation form; (2) Proof of liability insurance as
required in paragraph (F) of rule 4501-21-15 of the Administrative Code;
and (3) A copy of the intended layout of the
range including dimensions of the run-off areas, dimensions of the specific
exercise areas and maximum speed allowed for each exercise. (E) During the application process, the department may
conduct any inspections it deems necessary to ensure that the remedial driving
course will be operated in compliance with all applicable statutes, rules and
regulations. (F) Upon approval, the department issues a certificate of
approval that shall be displayed in a conspicuous place at the remedial driving
course enterprise office or location of training. (G) An online adult remedial enterprise shall receive
approval from the director prior to implementing changes to the approved course
materials that significantly impact the delivery model, physical architecture,
logical architecture, or other changes that will impact the audit process or
alter the understanding of the provider infrastructure. (H) The authorizing official of an advanced juvenile driver
improvement program enterprise is responsible to notify and receive approval
from the director prior to implementing changes to the approved range
dimensions, run-off dimensions and maximum allowable speeds for a given
exercise that significantly impacts the delivery of the exercise and safety of
the students. (I) The director may deny a "Remedial Course Provider
Application" for approval if the director determines the application does
not satisfy the requirements of this chapter. Any authorizing official whose
application has been denied shall be afforded an opportunity for hearing in
accordance with Chapter 119. of the Revised Code. (J) An original course approval expires on December
thirty-first of each year. (K) Each authorizing official applying for a renewal of a
remedial driving course approval shall submit the "renewal
requirements." "Renewal requirements" may include: (1) The "List of Personnel Used by
the Enterprise"; (2) Criminal background checks of the
authorizing official and owner dated not more than ninety days prior to the
date the "Remedial Course Provider 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) Except for an adult remedial course, including online,
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 or enterprise office, whichever is
applicable. The proof 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 the signatures and date
of signatures. (4) Certification that the applicant
operates the remedial driving course enterprise in compliance with all
applicable local, state, and federal laws; (5) Proof of eligibility to provide
training as set forth in paragraph (C)(6) of this rule; (6) A copy of the performance bond or
evidence of an escrow account as required in rule 4501-21-07 of the
Administrative Code; and (7) For an advanced juvenile driver
improvement program, proof of liability insurance as required in paragraph (F)
of rule 4501-21-15 of the Administrative Code; and (8) Copies of the following
forms: (a) "Remedial Student Report Form"; (b) An enrollment contract; and (c) The course evaluation form. (L) If a renewal is not postmarked or otherwise received by
the director at least thirty days prior to the expiration of the current course
approval, the authorizing official submits a "Remedial Course Provider
Application" for an original course approval in accordance with paragraph
(C) of this rule. (M) No authorizing official changes the enterprise's
name, ownership, or enterprise location without prior approval of the director.
The director may require submission of a new "Remedial Course Provider
Application" for course approval if there is any change of ownership in
the enterprise. The department may inspect any change in location. (N) No person shall submit a "Remedial Course Provider
Application" that is incomplete or incorrect or which contains false or
misleading information. An incomplete or incorrect application may be rejected
or returned to the applicant. An application containing false or misleading
information may be denied. (O) If an enterprise discontinues business for any reason,
the authorizing official, chief instructor or course manager submits the
"Enterprise Closing Procedure" to the director within seven days of
the intended closure. The notification identifies where the course records will
be stored. The director shall make all unused certificates inaccessible to the
enterprise. (P) For purposes of monitoring or reviewing course content
and instructional atmosphere, a remedial driving course enterprise shall permit
department of public safety agents to participate, at no cost, as a student in
any course which the enterprise operates.
Last updated May 2, 2022 at 9:08 AM
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Rule 4501-21-06 | Course curriculum.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] (A) Each enterprise shall only use an
approved curriculum. (B) Except for an online adult remedial
driving course, to obtain approval for a curriculum provider for the adult
remedial driving course or the advanced juvenile program, a representative of
the curriculum provider submits to the department a proposed curriculum. The
curriculum is evaluated using criteria approved by the director which includes
the student curriculum, instructor training curriculum, organizational
information, curriculum and instructor certification and renewal system,
minimum hours of training, and topics to be provided during instruction. The
approval criteria provided by the department are available on the driver
training web page at
http://www.drivertraining.ohio.gov/schools.aspx. (C) For an online adult remedial driving course, to obtain
approval for the curriculum, a representative submits the full online course
proposal to the department. The curriculum is evaluated using criteria approved
by the director and found in the "Minimum Standards for an Online Adult
Remedial Course." A proposal for an online adult remedial course also
includes the requirements set forth in rule 4501-21-14 of the Administrative
Code. (D) The adult remedial driving course curriculum includes a
minimum of eight hours of instruction. A minimum of twenty-five per cent of the
curriculum is devoted to instruction on driver attitude and a minimum of
twenty-five per cent of instruction time is devoted to the area of alcohol and
drugs and the operation of motor vehicles. (E) The adult remedial driving course curriculum includes,
at a minimum, the following subject matter topics: (1) Driving involves risk
that can be managed; (2) Developing good
visual habits; (3) Communicating with
others; (4) Personal
responsibility and safe driving attitude; (5) Safe and courteous
driving strategies and principles; (6) Assessing speed and
adjusting speed; (7) Dynamics of a
crash; (8) Space
management; (9) Consequences of poor
driving behavior; (10) Distracted driving,
including at a minimum, the types, dangers, and Ohio laws pertaining to use of
mobile devices while driving; (11) Handling driving
emergencies; (12) Safety restraint systems
safety belts, airbags, child passenger seats; (13) Financial responsibility
laws; (14) Vehicle technology
issues; (15) Driver fitness; (16) Alcohol, drugs and
driving; (17) Aggressive driving issues and road
rage; (18) Anatomical gifts and anatomical gift
procedures; and (19) References to Ohio specific laws
applicable to the purpose of the course. (F) Any curriculum or delivery method shall be conducive to
learning as determined by the department. For any curriculum delivered online
the following requirements apply: (1) The student is able
to navigate logically and systematically through the course; and (2) Technical support
personnel is available and provides information pertaining to the course
completion requirements and technical issues. Except for circumstances beyond
control of the online provider, a student has adequate access to technical
assistance throughout the course such that the flow of instructional
information is not delayed. Upon request of the department, an enterprise shall
provide time documentation to show that this requirement is being
met. (G) The director may deny approval of any curriculum or
delivery method that fails to meet the requirements of this chapter of the
Administrative Code. (H) If an enterprise is conducting a remedial course for
juveniles, except for the advanced juvenile program, the enterprise uses the
"Juvenile Driver Improvement Curriculum." (I) The curriculum for an advanced juvenile driver
improvement program is approved by the director. The curriculum includes, at a
minimum, two hours of classroom instruction and four hours of behind-the-wheel
driving exercises. (1) Classroom instruction
includes, at a minimum, topics on: (a) Driving physics; (b) Vehicle dynamics; (c) Proper vision techniques; (d) Teen driver statistics. (2) Behind-the-wheel
instruction includes, at a minimum: (a) Vehicle control in inclement weather conditions; (b) Emergency transition maneuvers, and; (c) Spin and skid control.
Last updated May 2, 2022 at 9:09 AM
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Rule 4501-21-07 | Performance bond; escrow account.
(A) No remedial driving course approval
will be issued or renewed until the authorizing official certifies that the
remedial driving course enterprise maintains a continuous performance bond for
each of its courses sufficient to cover the cost of reimbursing students for
instruction not supplied. In lieu of a performance bond, an enterprise may
maintain an escrow account to cover the cost of reimbursing students for
instruction and/or services not supplied. The performance bond or escrow
account shall continue in force as long as the enterprise operates a remedial
driving course or as long as the enterprise has students to whom it is
contractually obligated. In determining whether a performance bond or
escrow account is sufficient to ensure reimbursement, the department considers
the following: (1) The number of
students trained by the enterprise and/or the number of students anticipated to
be trained by the enterprise; (2) Whether the
enterprise already maintains a bond that would be sufficient to ensure
reimbursement; and (3) How the enterprise
handles prepayments and issuance of certificates. (B) Such bond or escrow account shall be
obtained from a company authorized to do business in this state specifying that
such remedial driving course enterprise shall not practice any fraud or make
any fraudulent representation that may cause a monetary loss to a person taking
instruction from the enterprise. (C) The bond or escrow account includes
the remedial driving course enterprise name, the amount of the bond or escrow
account, the effective date, and the period of coverage. (D) The bond or escrow account shall name
the department of public safety and the state of Ohio as obligees and stipulate
that the director shall be notified ten days before the bond or escrow account
terminates due to its expiration or cancellation or before the bond or escrow
account is reduced in value. (E) The above bond or escrow account does
not apply to a remedial driving course enterprise operated under the authority
of the state of Ohio or any political subdivision approved by the
director. (F) Failure to maintain such performance
bond or escrow account, including the record of bond or escrow account required
by this rule, during any portion of the licensure period may result in
suspension or revocation of a remedial driving course approval.
Last updated May 2, 2022 at 9:09 AM
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Rule 4501-21-08 | Advertising and soliciting business.
(A) A remedial driving course enterprise
shall not use any name other than its approved name for advertising or
publicity purposes, nor advertise or imply it is supervised, recommended, or
endorsed by the director or the department. (B) A remedial driving course 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 enterprise office and can be produced upon demand of any
person. As applied to provisions of this chapter of the Administrative Code,
use of an approved curriculum by a remedial driving course enterprise does not
constitute curriculum provider endorsement of the enterprise. (C) No person shall advertise in any
manner a course of adult, advanced juvenile program or juvenile remedial
driving instruction prior to being approved as an adult, advanced juvenile
program or juvenile remedial driving course. (D) No remedial driving course enterprise
shall solicit or advertise for business without supplying its name, website, if
applicable, and the location where training is conducted. (E) Advertisement of goods and services
shall not appear on actual instructional pages of the course.
Last updated May 2, 2022 at 9:09 AM
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Rule 4501-21-09 | Inspections.
(A) The department of public safety may conduct any inspections necessary to ensure a remedial driving course is being conducted in compliance with all applicable statutes, rules and regulations. Upon request, within a reasonable time period, a remedial driving course enterprise shall correct any problems the department identifies during inspection. (B) All locations at which a course is being conducted or records are being maintained shall be accessible to the department during reasonable hours. (C) Each applicant shall provide during the inspection certification that all facilities of a course conform to all federal, state, and local building, fire, and health regulations. (D) A remedial driving course enterprise shall furnish upon request any and all records relating to operation of a remedial driving course. There may be announced or unannounced compliance surveys each year. The course manager or authorizing official shall make any records accessible for copying.
Last updated October 23, 2023 at 11:27 AM
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Rule 4501-21-10 | Disciplinary Action.
The director may deny an application for a remedial driving course renewal or reprimand, suspend, revoke, or place on probationary status the remedial driving course approval when the director determines that the course is not being operated in accordance with this chapter of the Administrative Code or the Revised Code. An enterprise against which disciplinary action is proposed according to this rule shall be afforded an opportunity for hearing in accordance with Chapter 119. of the Revised Code.
Last updated October 23, 2023 at 11:28 AM
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Rule 4501-21-11 | Enrollment contract.
(A) A remedial driving course enterprise
shall provide each student with an enrollment contract that includes fees and
verification that the course will meet all Ohio requirements prior to providing
training. (B) An enrollment contract
includes: (1) The hours of required
instruction; (2) A grievance
procedure. The grievance procedure also includes that the matter may be
referred to the "Department of Public Safety through the Driver Training
Program Office, 1970 West Broad Street, Columbus, Ohio
43223"; (3) Policies for
dismissal of a student; (4) Refund policy;
and (5) Final examination
requirements, if applicable. (C) For an adult remedial program
providing instruction through online, an enrollment contract also includes the
following: (1) Identifying the type
of any third-party data that will be accessed prior to or during validation of
the student's identity, if third-party data verification is used;
(2) Identify the hardware
and software requirements to successfully complete the course; (3) Specify that
interruptions in course service may occur which the course owner has no
control; (4) A statement that
notifies the student of the course security and privacy policy regarding
student data including personal and financial data; (5) A declaration of the
date by which the complete program will be made available to and completed by
the student. The date is no more than thirty days from the time the student
starts the content of the course; (6) The enterprise shall obtain the
student's acknowledgement of the enrollment contract and policies and
requirements as provided in this rule. (D) Enterprises using a web-based
enrollment process shall use secure and reasonable controls to authenticate the
student's identity. This may be accomplished by a combination of the
following: (1) Third-party database
authentication; (2) Biometric
authentication; (3) Other secure means
that are based on emerging technologies and allow for reasonable assurance that
the student's identity is authenticated; or (4) A signed and
notarized affidavit. The affidavit includes certification that the student
submitted official documents to verify the student's identity. The
affidavit is received by the online enterprise before training
begins.
Last updated May 2, 2022 at 9:09 AM
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Rule 4501-21-12 | Records and certificates of completion.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] (A) Except for an online adult remedial
course, each remedial driving course enterprise shall keep true, accurate, and
complete records pertaining to the courses taught. The course records
include: (1) "Daily Classroom
Roster - Remedial Courses"; (2) The final examination
record for each student completing the course. For a juvenile remedial course,
this includes the assessment used in lieu of the final
examination; (3) "Remedial Student Report
Form"; and (4) Copy of enrollment
contract. (B) Each enterprise shall maintain
records regarding all training provided to its instructors and managers who are
employed. The authorizing official of a remedial driving course enterprise
maintains records demonstrating that all instructors have been properly trained
in use of the curriculum as set forth in rule 4501-21-06 of the Administrative
Code. (C) Each enterprise shall maintain a file
for all business records at the enterprise office and be easily accessible.
These records include: (1) A copy of all
information provided to the department as part of the application
process; (2) A copy of the rental
or lease agreement or deed for the property used as the established place of
business; (3) The current and valid
performance bond or evidence of escrow account and filed as a part of the
course records and made available upon request; (4) Proof of insurance
coverage, as applicable and required by paragraph (F) in rule 4501-21-14 of the
Administrative Code. (D) Each enterprise shall keep any other
records that the department may require as part of the remedial driving course
approval process. (E) An online adult remedial course
offering either partial or full online course instruction maintains a complete
student course data file to demonstrate student activity and ensures that the
following information, at a minimum, is collected and retained for creating the
student footprint: (1) Student's name
and driver license number; (2) Dates and times of
student activity (log-on and log-off times); (3) Dates, times, and
results of personal-validation and course-content questions. If a
"key" or "code" is used to identify the question and
answer, rather than recording the entire question and answer, then the
"key" or "code" must be furnished; (4) Verification of the
amount of time the student spent in each unit; (5) Verification of the
amount of total time the student spent in the course; (6) An identifier of the
reason a person was suspended or failed the course; (7) Dates, times, and
responses for each question on the final examination; (8) Name or identity
number of an adult remedial driving course enterprise staff member entering
comments, retesting, or revalidating student, if applicable. (F) "Certificate of Completion" (1) Every student who
successfully completes a remedial driving course is issued a "Certificate
of Completion." (2) For a student who
completes an approved adult remedial driving course that includes instruction
through technology-based method(s), the classroom course provider issues a
"Certificate of Completion" to the student upon verification of
student completion of the approved eight hours of training. The
"Certificate of Completion" is provided by the department via the
online certificate system. (3) In the event a
"Certificate of Completion" is lost or stolen after being issued to a
student, the student may receive a duplicate certificate after completing the
"Request for Duplicate Certificate," which shall be maintained by the
remedial driving course. (4) An authorizing
official, course manager, or chief instructor of the remedial driving course
who issues the certificate signs each certificate. If an authorizing official,
course manager, or chief instructor permits the use of a stamped or
electronically produced signature, that authorizing official, course manager,
or chief instructor is responsible for securing the stamp or electronic means.
The authorizing official, course manager, or chief instructor is responsible
for any document on which their stamped or electronic signature is
produced. (G) All records shall be maintained for a period of three
years. All records required to be maintained in this chapter shall be made
available to the director upon request. (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 within the United States.
Any records required to be maintained which are in a computer database shall be
accessible and capable of being distinguished from non-related
records.
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Rule 4501-21-13 | Classrooms.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] (A) Physical location. (1) A remedial driving
course conducted in a classroom setting shall be conducted in an environment
conducive to learning. Consideration is given to the safety and well-being of
all students, the appropriate methods of maintaining discipline, environmental
factors and any other relevant factors. (2) The classroom shall
be located in a permanent structure or in a mobile or modular structure
installed on a permanent foundation. The classroom shall not be located in a
residence, a guest or sleeping room or in a room that is designated or designed
as a sleeping room in a hotel or motel. (3) The classroom
includes: (a) Having sufficient space to contain tables and chairs or
desks for all students to comfortably accommodate students and
instructors; (b) Being equipped with a variety of audio and/or visual
training aids that support the course curriculum; (c) Being reasonably free of visible and/or audible
distractions and shall present an atmosphere adequate for
learning; (d) Having a clean and functional restroom available for
student use within its facility; and (e) Conform to all federal, state and local fire, building
and safety regulations. (B) Instruction
requirements. (1) Neither a
"Juvenile Driver Improvement Program" nor an "Advanced Juvenile
Driver Improvement Program" is taught in the same classroom at the same
time that an "Adult Remedial Driving Course" is conducted. A
"Juvenile Driver Improvement Program" may not be taught in the same
classroom at the same time as an "Advanced Juvenile Driver Improvement
Program." (2) The requirements in
this rule apply to authorizing officials, course managers, chief instructors,
advanced skills instructors and instructors instructing students participating
in a remedial driving course. Instruction of individuals in remedial driving
courses shall conform to this rule. (a) Students are taught and supervised by instructors who
meet the requirements of this chapter. (i) For the adult
remedial program, instructors shall instruct students only under the authority
and guidance of a department-approved adult remedial curriculum
provider; (ii) For the juvenile
remedial driving course, the instructors shall instruct students using the
"Juvenile Driver Improvement Curriculum"; (iii) For the advanced
juvenile program, advanced skills instructors shall instruct students only
under the authority and guidance of a department-approved advanced skills
curriculum provider. Behind-the-wheel instruction shall be taught and
supervised by certified instructors. A minimum of one instructor shall instruct
no more than six students on any one range exercise. (b) No radios, cell phones, electronic games or similar
distractions shall be used or allowed during times of instruction. (c) Classroom instruction consists of no less than sixty
minutes of instruction for each hour credited toward completion of the required
training. Time taken for breaks in instruction are not included when
calculating completion of the required instruction. (d) Instructors instruct students for no more than two
hours without taking a ten-minute break from instruction. For courses being
completed in one day an additional lunch break of at least thirty minutes is
provided. (e) There shall be no more than twenty-four students in a
remedial driving course. At least one instructor who meets the requirements of
this chapter shall be present and conduct a remedial driving
course. (f) A student who is late or absent from any part of a
course shall make up that portion of the instruction that was missed prior to
receiving a "Certificate of Completion." A student who does not
actively participate in any part of the instruction is not eligible to receive
a "Certificate of Completion." (g) The "Daily Classroom Roster - Remedial
Courses" shall be used to ascertain the attendance of
students. (i) If the student does
not complete the entire course, including all makeup sessions, within the
timeline specified by the court or the bureau of motor vehicles, no credit for
instruction is granted. (ii) Any period of
absence for any portion of instruction requires that the student complete the
missed session of instruction. All make-up sessions shall be equivalent in
length and content to the instruction missed and taught by an instructor who
meets the requirements of this chapter. (h) For the adult remedial driving course, not more than
three hours or less than one hour of classroom instruction shall be devoted to
showing educational videos, slides or films that relate to adult remedial
driving courses. No videos, DVDs, films or activities unrelated to safe driving
practices, driver knowledge or driver skill shall be used. (3) A student may be
refused instruction if the course officials reasonably believe that the person
is under the influence of alcohol or a controlled substance. (4) For each remedial
driving course there shall be a written grievance procedure made available to
students that specifies the manner by which students may make complaints and
the method by which the enterprise shall attempt to resolve them. (5) The identity of all
students are verified by the instructor at the beginning of each course and
prior to administering the final examination. (C) Final examination (1) An adult remedial
driving course includes administration of an examination to test the
student's comprehension of the material included in the course. The
examination consists of a minimum of forty multiple choice questions. The
questions are drawn from a bank of at least one hundred and twenty questions or
there shall be established three different test versions. (2) An advanced juvenile
program includes administration of an examination to test the student's
comprehension of the material included in the course. The final examination
consists of three different test versions with a minimum of ten multiple choice
questions per test. (3) For a juvenile
remedial course, the enterprise uses the assessment material provided in the
"Juvenile Driver Improvement Curriculum" in lieu of a final
examination. (4) Accommodations may be
made for the final test to assist students who identify themselves as having
learning difficulties. (5) Students taking the
examination are not allowed to refer to any materials that may contain answers
to the questions. (6) Records of each
examination given includes the date, the student's score, the
student's name, and the identity and signature of the person who graded
the examination. (7) Any student found
cheating on the final examination shall not be issued a "Certificate of
Completion." (8) A student
successfully completes the final examination when the student has correctly
answered seventy-five percent of the final examination questions. If a student
does not correctly answer seventy-five per cent of the final examination
questions, the student shall have the opportunity to retake a different version
of the final examination one additional time. If the student fails to score at
least seventy-five per cent after taking the examination the second time, the
student shall be required to retake the course. (D) Evaluations (1) For an advanced
juvenile program, a behind-the-wheel evaluation shall be used to assess the
progress of each student for each driving exercise. The student's
evaluation shall be based on a pass/fail rating for each exercise provided in
paragraph (H)(2) of rule 4501-21-06 of the Administrative Code. No
"Certificate of Completion" shall be issued unless the student has
passed the final examination and evaluation given during the behind-the-wheel
training. (2) The participants of
an adult remedial program shall be provided the opportunity to complete an
anonymous evaluation of the course and instructor. The course evaluation shall
be provided on an official form.
Last updated May 2, 2022 at 9:10 AM
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Rule 4501-21-14 | Technology-based method(s).
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] An adult remedial driving course enterprise may use
technology-based method(s) for delivery of part or all of the curriculum.
Partial online adult remedial is done in conjunction with classroom-based
instruction. Sections 4510.037 and 4510.038 of the Revised Code require at
least fifty per cent of the adult remedial curriculum to be delivered to a
student through classroom instruction. The student shall successfully complete
all technology-based method(s) portions of the training prior to starting the
classroom portion of the training. Each student shall finish the complete eight
hours of training within thirty days of the initial starting date and time.
After thirty days, the student shall be required to begin the course
again. The department shall review the proposal for
technology-based instruction, and approve or deny approval of the proposed
method. Under no circumstances shall the department approve technology-based
instruction to accomplish juvenile remedial driving instruction as provided in
sections 4510.31 and 4510.311 of the Revised Code. The enterprise shall provide
any additional information required by the department as part of the approval
process. (A) Along with the requirements in rule
4501-21-05 of the Administrative Code, an enterprise proposal from an adult
remedial driving course enterprise shall develop security policies and
procedures. The elements of the security policies and procedures
includes: (1) Risk management
plan; (2) User authentication
and authorization procedures and technologies; (3) Access control
procedures and technologies; (4) Auditing
capability; (5) Systems
availability; (6) Course and systems
integrity; (7) Confidentiality and
privacy; (8) Business continuity
and disaster recovery; (9) Systems monitoring
and incident response; and (10) Change
control. (B) An enterprise shall incorporate a
personal validation process that verifies student identity and participation.
An enterprise shall develop and maintain a means to reasonably authenticate
users on a periodic basis. Authentication shall occur randomly twice during the
course and upon entering, and exiting the adult remedial driving course. This
may be accomplished by a combination of the following: (1) Username and password
authentication; (2) Third-party database
authentication including the department-provided student validated
questions; (3) Certification
authentication through the use of digital certificates; (4) Biometric
authentication; or (5) Other means that are
as secure as the methods described in paragraphs (B)(1) to (B)(4) of this rule
that are based on emerging technologies and allow for reasonable assurance that
the students are authenticated. (C) An enterprise shall incorporate and
maintain compliance with the "Minimum Standards for an Online Adult
Remedial Course." The "Minimum Standards for an Online Adult Remedial
Course" includes, but is not limited to, the following: (1) A course validation
process that verifies student participation and comprehension of course
material; (2) Built-in timers to ensure that the
statutorily required amount of hours have been attended and completed by the
student; and (3) Testing of student participation
throughout the course and at the completion of the course to ensure that the
student receives the minimum course content and time management requirements
for instruction. (D) For partial online adult remedial enterprises, the
online course does not include the final exam. The classroom portion of the
course includes administration and scoring of the final exam, including the one
retake examination that is permitted under paragraph (C)(8) of rule 4501-21-13
of the Administrative Code. (E) In addition to paragraph (C)(8) of
rule 4501-21-13 of the Administrative Code, an online adult remedial driving
course offering the full course online, testing procedures also includes the
following: (1) Measures that will
ensure a student taking the examination is not allowed to refer to any
materials that may contain answers to the questions, including identifying the
correct response to each question presented until the examination is
completed; (2) Accommodations for
the final examination to assist student who identify themselves as having
learning difficulties; (3) Recording of each
examination given including the questions presented, the student's answer
to the questions, the date, and the student's score; and (4) Measures to ensure
the student's identity prior to starting the final
examination. (F) An online adult remedial enterprise
shall provide for systems security. Systems security includes the
following: (1) Developing and
maintaining a technology infrastructure that facilitates sound security and
positively contributes to the student learning experience; (2) Developing and
maintaining an appropriate solution to ensure the integrity of information,
especially financial and personal information, in transit and at
rest; (3) Developing and
maintaining a systems back-up and disaster recovery capability; (4) Maintaining assurance
that course data are readily, securely, and reliably available by electronic or
printed means to the department and the department authorized recipients on a
demand basis; (5) Developing and
maintaining a means to facilitate state audit, compliance, and verification
requirements; and (6) Developing and
maintaining a means to facilitate state-conducted audit requirements. The
department retains the right to request and review work papers and other
supporting documentation related to the audit reports and the reviews
undertaken. If the technical support, application server host, or data storage
facilities are located outside the state of Ohio, upon the request of the
department, the enterprise submits a report encompassing the rules of this
chapter to meet the audit requirements. An enterprise shall provide the
department with an audit amendment describing any significant system changes
within thirty days of enabling those changes. (G) Audits (1) A remedial driving
course enterprise may be audited upon request of the department to ensure
compliance with the applicable rules and regulations, and the results shall
become a part of the course provider file maintained by the
department. (2) An enterprise shall
address all exceptions noted during the audit and provide such documentation to
the department within thirty days of notice of said exceptions. (3) An enterprise upon
termination of the course approval, shall deliver any missing student data to
the department within seven calendar days of termination. (H) Student pre-registration process for
partial online adult remedial driving courses. (1) An enterprise using
technology-based method(s) as a part of the course of instruction shall
establish a student pre-registration process that requires each student to
register with the affiliated classroom provider as identified in paragraph
(C)(11) of rule 4501-21-05 of the Administrative Code. (2) During the student
pre-registration process, the classroom provider shall verify the
identification of each student using the list of approved primary and secondary
documents as published in the "Digest of Motor Vehicle
Laws." (3) Students may not
begin the technology-based method(s) portion of the course until their identity
has been verified during the classroom provider's student
pre-registration process. Following verification of each student's
identity, the classroom provider will issue the student a unique user ID and
password that will provide the student with access to the on-line portion of
the course. (I) 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.
Last updated May 2, 2022 at 9:10 AM
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Rule 4501-21-15 | Ranges, vehicles, and insurance for advanced juvenile driver improvement programs.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] (A) The range is a closed-course facility that: (1) Contains exercise
dimensions that include, at a minimum, the following: (a) Spin-and-skid control exercise area, with speeds at no more
than twenty miles per hour, and is no less than three hundred eighty-five feet
in length by one hundred eighty feet in width; (b) Vehicle control in inclement weather conditions exercise
area, with speeds at no more than twenty-five miles per hour, and is no less
than two hundred fifty feet in length by fifty feet in width; (c) Emergency transition maneuvers exercise area, with speeds at
no more than thirty-five miles per hour, and is no less than four hundred
twenty-five feet in length by sixty feet in width. (2) Has adequate unobstructed run-off
areas; (3) Has paths of travel that provides
adequate space to minimize risk to students; (4) Has paved or concrete, reasonably
level surfaces that are in decent condition and free of potholes, loose
materials or other surface defects; and (5) Does not contain obstacles within the
exercise areas. (B) All vehicles used in the training of this program shall meet
the minimum vehicle requirements set forth in Chapter 4513. of the Revised
Code. (C) The authorizing official of a course
using the enterprise's vehicles shall have the vehicles inspected annually
by the department and issued a valid inspection number. (D) The advanced skills instructor or
chief instructor of a course allowing the use of a student's vehicle
ensures: (1) Each student provides
a "Vehicle Inspection" that has been performed within ninety days
prior to the student taking the course; and (2) The size of the
vehicle is capable to navigate safely through the drills. (E) Vehicles used in the operation of the
spin-and-skid control driving exercise shall be equipped with devices that
simulate the loss of grip and maintain all four of the vehicle's tire
contact patches during the exercise. (F) 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 is
acquired from a company licensed to do business in this state and shall be
maintained as long as the remedial course is operating as an advanced juvenile
driver improvement program. Proof of this insurance coverage is maintained with
all motor vehicles used for instruction. (1) Insurance coverage
shall be maintained in the following minimum limits: (a) Five hundred thousand dollars combined single limit liability
coverage; (b) Twenty-five thousand dollars for injury to property of others
in any one crash; (c) Five thousand dollars medical payments for each
occupant; (d) Uninsured motorists coverage at least equal to the bodily
injury coverage required in paragraph (F)(1)(a) of this rule. (2) For vehicles used
solely for the operation of the advanced juvenile program on a closed range
facility, vehicle insurance may be maintained under the business general
liability in amounts at least equal to the liability coverage specified in
(F)(1) of this rule. The insurance shall stipulate that the coverage pertains
to the operations of an advanced juvenile program at the designated
facility. (3) Failure to maintain
the required insurance, including record of current coverage as required by
this rule, may result in the suspension or revocation of an advanced juvenile
driver improvement program approval. (G) Students providing motor vehicles for their own instruction
shall, before such motor vehicle is used for any instruction, provide proof of
insurance or other financial responsibility that indicates compliance with
Chapter 4509. of the Revised Code. (H) No student's vehicle may be used
for the operation of the spin-and-skid control exercise.
Last updated May 2, 2022 at 9:10 AM
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Rule 4501-21-16 | Instructors for remedial programs.
[Comment: For dates and availability of material
incorporated by reference in this rule, see paragraph (A) in rule 4501-21-17 of
the Administrative Code.] (A) The requirements in this rule apply
to authorizing officials, course managers, chief instructors, advanced skills
instructors and instructors instructing students participating in a remedial
driving course, except for an asynchronous online adult remedial
course. (B) Adult remedial driving
course. (1) Every adult remedial
driving course shall employ a course manager who has been trained in an adult
remedial curriculum. (2) Each course is taught
by an instructor who has been trained to teach the curriculum and has knowledge
of Chapter 4501-21 of the Administrative Code, road signs, the care and
operation of motor vehicles and the "Digest of Ohio Motor Vehicle
Laws." (3) Each instructor and
course manager shall be trained by an organization on the list of approved
curriculum providers, which is available on the driver training web page at
http://www.drivertraining.ohio.gov/schools.aspx. (4) Each instructor and course manager
shall complete a continuing education course every five years as provided by
the curriculum provider and approved by the department and, upon request from
the director, provide proof of the satisfactory completion of such training in
a manner approved by the director. (C) Juvenile remedial driving
course. (1) Every juvenile
remedial driving course shall employ a course manager who has been trained in
the "Juvenile Driver Improvement Curriculum." (2) Each course is taught
by an instructor who has been trained to teach the "Juvenile Driver
Improvement Curriculum." (3) Each instructor and course manager
shall complete a continuing education course every five years as provided by
the department and, upon request from the director, provide proof of the
satisfactory completion of such training in a manner approved by the
director. (D) Advanced juvenile driver improvement
program. (1) Each advanced
juvenile program enterprise shall employ a chief instructor who has
successfully completed a chief instructor's course approved by the
department. A chief instructor is eligible for such training after providing
either of the following: (a) Proof of providing training as an advanced skills
instructor for a minimum of sixty hours of instruction or two years in an
advanced juvenile driver improvement program; or (b) Proof of being a certified instructor in a driving
course for a fire department, law enforcement or other similar agency or
entity, or the military, within ten years preceding the date of the chief
instructor course; or (c) Proof of being a certified instructor for advanced or
high performance driving within ten years preceding the date of the chief
instructor course. (2) The chief instructor
shall complete an additional continuing education course every five years as
approved by the department. The course includes, at a minimum, topics on
automotive technology advancement. (E) Each enterprise shall have policies
in place establishing how the enterprise shall ensure either the instructors
and course managers or the advanced skills instructors and chief instructors,
whichever are applicable to the enterprise, comply with this
chapter. (F) The authorizing official for each
remedial enterprise shall ensure that all course managers, chief instructors,
advanced skills instructors and instructors are eligible to teach the course.
Eligibility includes: (1) Possessing a
currently valid driver's license and have been the operator of a motor
vehicle for at least three years; (2) Having a record free
of a disqualifying offense; and (3) Having 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 preceding three years; (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; and (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. (G) As applicable to the course, the
authorizing official shall periodically verify that the course manager, chief
instructor, advanced skills instructor and all instructors remain eligible to
serve as course managers, chief instructors, advanced skills instructor and
instructors and every year obtain a current driving abstract for each course
manager, chief instructor, advanced skills instructor and
instructor. (H) Each course manager, chief
instructor, advanced skills instructor, or instructor shall report any
occurrences that would cause an instructor, advanced skills instructor, chief
instructor, or course manager to no longer be employed or eligible to be
employed as such to the authorizing official of the enterprise. (I) The director may require attendance
and satisfactory completion of department-sponsored workshops to update
instructors on Ohio-specific information.
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Rule 4501-21-17 | Incorporated by reference.
[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) "Certificate of
Completion" is made available to approved remedial driving course
providers and may be accessed via the driver training program office on-line
application database at https://services.dps.ohio.gov/DETS. (2) "Daily Classroom
Roster - Remedial Courses" or "DTO 0146" (July, 2014) may be
accessed via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (3) "Digest of Ohio
Motor Vehicle Laws" or "HSY 7607" (October, 2021) may be
accessed via the bureau of motor vehicles' website at
http://www.bmv.ohio.gov/. (4) "Enterprise
Closing Procedure" or "DTO 0158" (July, 2014) may be accessed
via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (5) "Juvenile Driver
Improvement Curriculum" or "OTS 0114" (February, 2014) is
available through the driver training program's on-line application
database at https://www.dps.ohio.gov/DriverTraining. (6) "List of
Personnel Used by the Enterprise" or "DTO 0140" (April, 2021)
may be accessed via the driver training program office website at
http://www.drivertraining.ohio.gov/forms.aspx. (7) "Minimum
Standards for an Online Adult Remedial Course" or "DTO 0237"
(August, 2021) may be accessed via the driver training program office website
at http://www.drivertraining.ohio.gov/forms.aspx. (8) "Remedial Course Provider
Application" or form "DTO 0129" (July, 2014) 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. (9) "Remedial Student Report
Form" or "DTO 0132" (July, 2014) may be accessed via the driver
training program website at
http://www.drivertraining.ohio.gov/forms.aspx. (10) "Renewal Requirements" are
available through the driver training program's on-line application
database at https://services.dps.ohio.gov/DETS. (11) "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. (12) "Vehicle Inspection" or
"DTO 0206" (September, 2014) may be accessed via the driver training
program website at http://www.drivertraining.ohio.gov/forms.aspx. (B) Materials incorporated by reference
are also available by writing to the "Driver Training Program Office, 1970
West Broad Street, Columbus, Ohio 43223."
Last updated May 2, 2022 at 9:11 AM
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Rule 4501-21-18 | Disqualifying offenses.
(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 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 or offense listed in paragraph (C) of this rule. (C) For any license issued by the
department pursuant to section 4510.037, 4510.038, 4510.31, or 4510.311 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); 2912. 2919.22 (endangering children), or 2919.24 (contributing to
the unruliness or delinquency of a child) of the Revised Code; (4) Arson offenses:
sections 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), or 2909.09 (vehicular vandalism) of the Revised
Code; (6) Major motor vehicle
offenses: section 4511.19 (operating a motor vehicle under the influence),
section 4511.194 (having physical control of vehicle while under the
influence), 2903.06 (aggravated vehicular homicide, vehicular homicide,
vehicular manslaughter), or 2903.08 (aggravated vehicular assault, vehicular
assault) of the Revised Code; (7) Terrorism-related
offenses: sections 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); or 2921.41
(theft in office) of the Revised Code; (9) Weapons-related
offenses: section 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); or 2923.13 (having weapons while under disability) of the
Revised Code; (10) Failing to provide
for a functionally impaired person as set forth in section 2903.16 of the
Revised Code; (11) Menacing by stalking
as set forth in section 2903.211 of the Revised Code; (12) Patient abuse or
neglect as set forth in section 2903.34 of the Revised Code; (13) Patient endangerment
as set forth in section 2903.341 of the Revised Code; (14) Kidnapping as set
forth in section 2905.01 of the Revised Code; (15) Abduction as set
forth in section 2905.02 of the Revised Code; (16) Extortion as set
forth in section 2905.11 of the Revised Code; (17) Coercion as set
forth in section 2905.12 of the Revised Code; (18) Trafficking in
persons as set forth in section 2905.32 of the Revised Code; (19) Disrupting public
services as set forth in section 2909.04 of the Revised Code; (20) Aggravated trespass
as set forth in section 2911.211 of the Revised Code; (21) Safecracking as set
forth in section 2911.31 of the Revised Code; (22) Tampering with coin
machines as set forth in section 2911.32 of the Revised Code; (23) Operating a gambling
house as set forth in section 2915.03 of the Revised Code; (24) Inciting to violence
as set forth in section 2917.01 of the Revised Code; (25) Riot as set forth in
section 2917.03 of the Revised Code; (26) Telecommunications
harassment as set forth in section 2917.21 of the Revised Code; (27) Inducing panic as
set forth in section 2917.31 of the Revised Code; (28) Making false alarms
as set forth in section 2917.32 of the Revised Code; (29) Unlawful possession
or use of a hoax weapon of mass destruction as set forth in section 2917.33 of
the Revised Code; (30) Improperly handling
infectious agents as set forth in section 2917.47 of the Revised
Code; (31) Unlawful abortion
upon a minor as set forth in section 2919.121 of the Revised Code; (32) Unlawful
distribution of an abortion-inducing drug as set forth in section 2919.123 of
the Revised Code; (33) Abortion
manslaughter as set forth in section 2919.13 of the Revised Code; (34) Abortion trafficking
as set forth in section 2919.14 of the Revised Code; (35) Dismemberment
abortion as set forth in section 2919.15 of the Revised Code; (36) Partial birth
feticide as set forth in section 2919.151 of the Revised Code; (37) Terminating or
attempting to terminate human pregnancy after viability as set forth in section
2919.17 of the Revised Code; (38) Abortion after
gestational age of twenty weeks as set forth in section 2919.201 of the Revised
Code; (39) Domestic violence as
set forth in section 2919.25 of the Revised Code; (40) Violating protection
order as set forth in section 2919.27 of the Revised Code; (41) Bribery as set forth
in section 2921.02 of the Revised Code; (42) Intimidation as set
forth in section 2921.03 of the Revised Code; (43) 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; (44) Retaliation as set
forth in section 2921.05 of the Revised Code; (45) Perjury as set forth
in section 2921.11 of the Revised Code; (46) Tampering with
evidence as set forth in section 2921.12 of the Revised Code; (47) Making or causing
false report of child abuse or neglect as set forth in section 2921.14 of the
Revised Code; (48) Making false
allegation of peace officer misconduct as set forth in section 2921.15 of the
Revised Code; (49) Compounding a crime
as set forth in section 2921.21 of the Revised Code; (50) Obstructing official
business as set forth in section 2921.31 of the Revised Code; (51) Obstructing justice
as set forth in section 2921.32 of the Revised Code; (52) Failure to comply
with order or signal of police officer as set forth in section 2921.331 of the
Revised Code; (53) Aiding escape or
resistance to lawful authority as set forth in section 2921.35 of the Revised
Code; (54) 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; (55) Dereliction of duty
as set forth in section 2921.44 of the Revised Code; (56) Impersonation of
peace officer or private police officer as set forth in section 2921.51 of the
Revised Code.
Last updated May 2, 2022 at 9:11 AM
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