Section 25.22 - Examiner Certification and Responsibilities(a) An Examiner is not authorized to conduct a commercial driving test until he or she is certified by the department by meeting the following requirements:(1) Submit an Employer Testing Program Examiner Certification Application (DL 811 ETP, Rev. 10/2017), which is hereby incorporated by reference, or Employer Testing Program Refresher Training Request -- Examiner (DL 818 ETP, Rev. 10/2017), which is hereby incorporated by reference, whichever is applicable, to the department. The department shall notify the Examiner applicant when they are qualified to be enrolled in the department-sponsored Examiner Training class. The department shall notify the examiner applicant if the examiner fails to meet program requirements as stated in Section 25.22(a)(2) through (7) to be an examiner. A letter will be sent to the applicant explaining the reason for the denial. If the Application is incomplete, a cover letter will be sent to the applicant within 15 days listing the items needing correction.(2) Has held a valid commercial driver license for at least three years, with the appropriate class and endorsements.(3) Currently holds a valid California commercial driver license with appropriate class and endorsements for the type of license for which the Examiner is requesting testing authority. Also, the Commercial Driver License must be consistent with the type required to drive the test vehicle.(4) Maintains a valid medical certificate, as described in Section 28.19 of this Article.(5) Has no current actions against his/her California commercial driver license that would disqualify him/her to act as an Examiner; i.e., suspended, revoked, cancelled, or on probation for negligent operation of a motor vehicle.(6) Pays a $150 examiner training fee.(7) Attends and passes a department-sponsored examiner training class to establish his/her eligibility to act as an Examiner and receives a valid Certificate of Training. (A) The training fee is non-refundable.(B) If the Examiner does not pass the training course and applies to attend the training course again, an additional $150 training fee shall be paid.(8) Submits fingerprints at a California Live Scan facility to enable a nationwide criminal background check, on a Request for Live Scan Service Application Submission, form DMV 8016 (Rev. 10/2017), which is hereby incorporated by reference. Submission of fingerprints shall include all of the following requirements:(A) The applicant's true full name provided on the form.(B) The second copy of the signed DMV 8016 submitted with the DL 811 ETP.(b) The Examiner certification is valid for four years. To become recertified, an Examiner must meet all requirements in this section.(c) An Examiner certification shall be immediately terminated if: (1) The results of a live scan report reveal either of the following:(A) A felony conviction within the last ten years, or(B) A conviction involving fraudulent activity.(2) An Examiner fails to conduct driving tests for at least ten different applicants in a calendar year.(3) An Examiner fails to comply with any requirements in this Article or in Part 383 of Title 49, Code of Federal Regulations.(d) An Examiner must complete the following prior to conducting a commercial driving test for his or her employer. (1) Be under written contract with the employer(s) at the time he or she conducts the skills test, as required in Section 25.19(f)(2). (A) An Examiner may work for more than one employer concurrently, as long as he or she is under written contract with each employer.(2) The Examiner shall submit a written request to the department when the Examiner seeks authority to test drivers on vehicles that require a class of license or endorsement for which the Examiner is not authorized. The department shall verify that the Examiner has held a California Commercial Driver License for three years of the appropriate class and endorsements for type of license for which the Examiner is requesting testing authority, prior to approval of the request.(3) The Examiner shall verify that the driver has obtained an instruction permit from the department appropriate for the test vehicle prior to testing.(4) The Examiner shall maintain on file a DL 819 ETP of all driving tests conducted for certification purposes, which includes a record of driving tests conducted under each Employer Number with whom the Examiner has a contract to conduct driving tests. The log must include successfully completed and failed driving tests.(5) The Examiner shall conduct all driving tests for certification purposes using the Commercial Driver License Driving Performance Evaluation criteria established by the department.(e) An Examiner, upon authorization by the department to conduct commercial driving tests as defined in Title 13, Section 25.06(b), who fails to conduct skills test for at least ten different applicants (10 of each segment -- 10 Vehicle Inspections, 10 Basic Control Skills, 10 Road Tests) per calendar year, is ineligible to conduct commercial driving tests and must attend and pass a department sponsored Examiner refresher-training class, and be recertified by the department before conducting additional commercial driving tests. (1) The drive test shall consist of the pre-trip inspection, skills test, and road test on a department approved route and utilizing DMV score sheets (DL 65 ETP part I, Rev. 4/2003 and the DL 65 ETP part II, Rev. 4/2003), which is hereby incorporated by reference. The score sheets shall be retained in the employee file, even though a DL 170 ETP is not issued.(2) The Examiner shall log the driving test on the DL 819 ETP indicating that a training drive test was successfully completed and the authorized representative shall sign and date the notation certifying the training drive test was conducted.(3) If the driver fails the training test the company shall retrain the driver in the deficient areas noted during the test and note the retraining on the driver training log as specified in section 25.15.(f) The Examiner shall verify that the driver is given and successfully passes a complete commercial driving test including the pre-trip inspection, skills, and road tests.(g) The Examiner shall verify that the correct type of commercial vehicle is used for the driving test.(h) An Examiner shall not act as the Authorized Representative for the same driving test that he/she conducted.(i) The Examiner shall complete and sign the DL 170 ETP as the Examiner.(j) The Examiner must allow each employer to enroll him/her in the Employer's Pull Notice program during the contract period.(k) Upon the department's request, the Examiner shall be available between the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate during the monitoring of the employer's third party testing program for the duration of the Examiner's contract and for one year after termination of the contract.(l) The Examiner must update testing skills as needed in response to statutory and program changes. The department shall notify Examiners of statutory and program changes, and may require additional department-sponsored training to maintain eligibility.Cal. Code Regs. Tit. 13, § 25.22
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and NOTE filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect repealing subsections (f)(1)-(f)(1)(B), renumbering subsections, amending subsections (j) and (m) and amending NOTE filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
8. Amendment of section heading and section filed 8-16-2018; operative 10-1-2018 (Register 2018, No. 33). Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect repealing subsections (f)(1)-(f)(1)(B), renumbering subsections, amending subsections (j) and (m) and amending Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect repealing subsections (f)(1)-(f)(1)(B), renumbering subsections, amending subsections (j) and (m) and amending Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
8. Amendment of section heading and section filed 8-16-2018; operative 10/1/2018 (Register 2018, No. 33).