2 Del. Admin. Code § 2226-12.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2226-12.0 - Auditing

12.1 Auditing and monitoring shall be performed by Division personnel in accordance with 49 CFR § 384.229.

12.2 A Division representative will conduct on-site compliance inspections without notice as often as the Division deems necessary and at the minimum frequency as specified in 49 CFR § 383.75(a) to ensure TPTOs continue to meet the standards established by the Division. During an on-site compliance inspection, the Division will review all required documentation and equipment, including:

12.2.1 Student completion statements and skills or road exam records;

12.2.2 Vehicles, to include inspection and review of vehicle records;

12.2.3 Contracts;

12.2.4 ST training student enrollment records;

12.2.5 ST training student completion records;

12.2.6 ST training classroom facilities;

12.2.7 Testing records; and

12.2.8 Monthly reports outlining the supporting data, advertising, and skills and road test exam information.

12.3 The Division reserves the right to retest any student or applicant if an audit indicates the test was not administered properly or did not meet Division's standards.

12.4 Audits may be conducted at the TPTO's office, the Division's office, or at another location as determined by the Division.

12.5 TPTO records must be accessible during normal business hours and made available to a Division or FMCSA representative upon request.

12.6 Records will be checked for accuracy and completeness, such as missing, voided, or altered records.

12.7 During Division compliance audits, TPTOs must cooperate with both the Division and FMCSA, allow access to testing areas and routes, and supply student names and testing records, results, and any other items as requested by the Division or FMCSA. Failure to fully cooperate may result in discipline, up to and including license revocation.

12.8 The Division will randomly audit ST motor vehicle records and must authorize the Division to access any TPTO vehicle registration data maintained in the Division's database.

12.9 The Division will conduct audits in compliance with 49 CFR § 383.75(a)(5).

2 Del. Admin. Code § 2226-12.0

27 DE Reg. 191 (9/1/2023) (Final)