[Comment: For dates and availability of material incorporated
by reference in this rule, see paragraph (A) in rule
4501-7-39
of the Administrative Code.]
(A) Any
person connected in any manner with a driver training enterprise, including but
not limited to an owner, partner, training manager, instructor, online
instructor, or authorizing official, shall be of good character and
reputation.
(B) The conviction of
any persons of any
felony or any misdemeanor, other
than a minor misdemeanor, which is reasonably related to a person's ability to
serve safely and honestly in connection with a driver training
enterprise,
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,
training manager, office manager, instructor, online 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, training manager, online instructor, or 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 training
manager, online instructor, or instructor whose license has been revoked may
apply for a license by following the training procedure set forth in rule
4501-7-05
of the Administrative Code. Granting of a license shall be based upon
successful completion of the training procedure including an appropriate course
approved by the director and no further violations of Chapter 4507. or Chapter
4508. of the Revised Code or the rules amplifying those chapters.
(E) No training manager or
authorizing official shall knowingly permit any training manager, online
instructor, or instructor of the enterprise who is
not physically or mentally
unfit
sound to be in
contact with students.
(1) Any person who
applies for or holds a driver training instructor's, online instructor's,
authorizing official's school, or training manager's license shall submit to an
examination of that person's physical or mental fitness when the director or
the school's training manager or enterprise's authorizing official has evidence
to believe the instructor, official, or manager 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 training manager'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 or manager's ability to drive or to effectively and safely
instruct students or manage training.
(3) The authorizing official is
responsible for maintaining records for an online instructor, a training
manager and/or instructor's behavioral problem(s) that give good cause for the
belief that the online instructor, training manager and/ or instructor could be
physically or mentally unfit to perform their duties. The authorizing official
is also responsible for maintaining records of disciplinary actions taken to
correct such behavior in the instructor's file.
(F)
Except for online instructors,
Class "D" instructors and training managers shall
provide
an annual
a completed "Driver Training Personnel Physical
Examination" to the authorizing official of the driver training enterprise
every two years.
CDL
instructors and training managers shall provide a physical exam to the
authorizing official that is compliant with paragraph (D)(9) of rule
4501-7-05
of the Administrative Code every two years.
The authorizing official shall maintain the "Driver Training
Personnel Physical Examination" in each instructor's and training manager's
personnel file. The authorizing official shall make these records available for
inspection upon request of the director.
Notes
Ohio Admin. Code
4501-7-03
Effective:
5/1/2022
Five Year Review (FYR) Dates:
2/4/2022 and
04/01/2027
Promulgated
Under:
119.03
Statutory Authority:
4508.02
Rule Amplifies:
4508.02,
4508.03,
4508.04
Prior Effective Dates: 01/07/1967, 03/01/1976, 12/01/1980,
02/29/1988, 12/21/1991, 07/01/1997, 10/04/2001, 10/08/2009, 10/10/2013,
12/06/2014, 07/01/2016
