Ohio Admin. Code 4501-7-04 - Application for and renewal of driver training school licenses
[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) 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
the
driver training school. The authorizing official shall ensure the driver
training school, its business enterprise, and its instructors and training
managers operate in compliance with Chapter 4508. of the Revised Code and
Chapter 4501-7 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) Each authorizing official
applying for a school license shall submit the "Driver Training Enterprise
Application" in writing
as prescribed by the director to the
department.
(C) No driver training
enterprise established after July 1, 2001, may share the same name as any other
driver training enterprise unless the same person owns both.
(D) A "Driver Training Enterprise
Application" may include one or any combination of the following types of
driver training school licenses:
(1) Class "D"
license school, which offers traditional classroom instruction, virtual
classroom instruction, and behind-the-wheel training that complies with the
requirements of division (C) of section
4508.02 of the Revised
Code;
(2) Online license school,
which offers a course of study via the internet, that is the content equivalent
of the classroom instruction offered by a class "D" school.
(3) CDL license school, which offers
instruction in the operation of commercial motor vehicles, including theory and
behind-the-wheel training.
(E) An online provider may be, but is not
required to be, affiliated with a class '"D" driver training school. Online
providers shall provide a link to the driver training website
https://services.dps.ohio.gov/DETS/public/schoolshttps://apps.dps.ohio.gov/DETS/public/schools,
giving the student easy access to the list of approved driver training schools
in Ohio.
(F) 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) Except for a CDL enterprise applicant, 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 training manager's
certificate of training showing the training manager has completed, within the
past ten years, a driver training school manager's course approved by the
director;
(G) In
addition to paragraph (F) of this rule, an original application for an online
school license includes:
(1) A fee of six
hundred dollars for review of the assessment and online driver education
program;
(2) Evidence of expertise
in providing driver education and/or driver training which may include, 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;
(3)
The complete proposed online driver education program in written format and
full access to the proposed internet based website or portal for
review;
(4) A completed, signed,
and notarized "Online Driver Education Security Assessment."
(H) In addition to paragraph (F)
of this rule, an application for a CDL driver training school license includes
a copy of the intended layout of the range including dimensions of the run-off
areas and dimensions of the specific exercise dimensions.
(I) 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 "Required Minimum Standards for Online Driver
Education."
(J) 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.
(K) Each driver training school license
expires on December thirty-first of the year it is issued and each license may
be renewed.
(L) Each renewal of a
driver training school license includes:
(1)
An annual application fee of fifty dollars for
each school or online school location;
and
(2)
The "renewal requirements."
Either:
(a)
Demonstrated compliance with a scheduled program review
the same year as the renewal; or
(b)
Submission of the
"renewal requirements."
(M) Each authorizing official for a school,
as specified in paragraph (D) of this rule, shall ensure the department
receives the "renewal requirements" by or that it is postmarked
submitted
no later than November thirtieth of the year the license expires.
(N) If the "renewal requirements" are not
postmarked
submitted or received by the director by November
thirtieth of each year, the authorizing official shall submit a new "Driver
Training Enterprise Application" for an original school license in accordance
with paragraph (F), (G), or (H) of this rule, whichever is
applicable.
(O) 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 (F), (G), or (H) of this
rule, whichever is applicable. The application for an original license shall be
submitted to and approved by the director prior to the 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
4501-7-01 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
paragraph (F)(2) of this rule.
(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 (F)(2) of this rule. The application shall be
approved by the director.
(P) All license fees are paid electronically
or in the form of a check or money order made payable to the treasurer of the
state of Ohio.
(Q) 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.
(R) 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.
(S) 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."
Notes
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.01, 4508.02, 4508.03, 4508.04, 4508.09
Prior Effective Dates: 01/07/1967, 01/01/1980, 12/01/1980, 02/29/1988, 09/04/1991 (Emer.), 12/21/1991, 07/01/1997, 10/04/2001, 10/08/2009, 10/10/2013, 04/17/2014, 12/06/2014, 07/01/2016, 05/01/2022
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[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) 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 the driver training school. The authorizing official shall ensure the driver training school, its business enterprise, and its instructors and training managers operate in compliance with Chapter 4508. of the Revised Code and Chapter 4501-7 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) Each authorizing official applying for a school license shall submit the "Driver Training Enterprise Application" in writing as prescribed by the director to the department.
(C) No driver training enterprise established after July 1, 2001, may share the same name as any other driver training enterprise unless the same person owns both.
(D) A "Driver Training Enterprise Application" may include one or any combination of the following types of driver training school licenses:
(1) Class "D" license school, which offers traditional classroom instruction, virtual classroom instruction, and behind-the-wheel training that complies with the requirements of division (C) of section 4508.02 of the Revised Code;
(2) Online license school, which offers a course of study via the internet, that is the content equivalent of the classroom instruction offered by a class "D" school.
(3) CDL license school, which offers instruction in the operation of commercial motor vehicles, including theory and behind-the-wheel training.
(E) An online provider may be, but is not required to be, affiliated with a class '"D" driver training school. Online providers shall provide a link to the driver training website https://services.dps.ohio.gov/DETS/public/schoolshttps://apps.dps.ohio.gov/DETS/public/schools, giving the student easy access to the list of approved driver training schools in Ohio.
(F) 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) Except for a CDL enterprise applicant, 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 training manager's certificate of training showing the training manager has completed, within the past ten years, a driver training school manager's course approved by the director;
(G) In addition to paragraph (F) of this rule, an original application for an online school license includes:
(1) A fee of six hundred dollars for review of the assessment and online driver education program;
(2) Evidence of expertise in providing driver education and/or driver training which may include, 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;
(3) The complete proposed online driver education program in written format and full access to the proposed internet based website or portal for review;
(4) A completed, signed, and notarized "Online Driver Education Security Assessment."
(H) In addition to paragraph (F) of this rule, an application for a CDL driver training school license includes a copy of the intended layout of the range including dimensions of the run-off areas and dimensions of the specific exercise dimensions.
(I) 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 "Required Minimum Standards for Online Driver Education."
(J) 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.
(K) Each driver training school license expires on December thirty-first of the year it is issued and each license may be renewed.
(L) Each renewal of a driver training school license includes:
(1) An annual application fee of fifty dollars for each school or online school location; and
(2) The "renewal requirements." Either:
(a) Demonstrated compliance with a scheduled program review the same year as the renewal; or
(b) Submission of the "renewal requirements."
(M) Each authorizing official for a school, as specified in paragraph (D) of this rule, shall ensure the department receives the "renewal requirements" by or that it is postmarked submitted no later than November thirtieth of the year the license expires.
(N) If the "renewal requirements" are not postmarked submitted or received by the director by November thirtieth of each year, the authorizing official shall submit a new "Driver Training Enterprise Application" for an original school license in accordance with paragraph (F), (G), or (H) of this rule, whichever is applicable.
(O) 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 (F), (G), or (H) of this rule, whichever is applicable. The application for an original license shall be submitted to and approved by the director prior to the 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 4501-7-01 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 paragraph (F)(2) of this rule.
(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 (F)(2) of this rule. The application shall be approved by the director.
(P) All license fees are paid electronically or in the form of a check or money order made payable to the treasurer of the state of Ohio.
(Q) 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.
(R) 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.
(S) 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."
Notes
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.01, 4508.02, 4508.03, 4508.04, 4508.09
Prior Effective Dates: 01/07/1967, 01/01/1980, 12/01/1980, 02/29/1988, 09/04/1991 (Emer.), 12/21/1991, 07/01/1997, 10/04/2001, 10/08/2009, 10/10/2013, 04/17/2014, 12/06/2014, 07/01/2016, 05/01/2022