Section 247-8-009 - THIRD-PARTY EXAMINER CERTIFICATION009.01Certificate.An individual, before engaging in or attempting to engage in, third-party examination, shall hold a certificate issued or renewed by the Department authorizing the individual to be a Third-Party Examiner for that class of commercial motor vehicle.
009.02Requirements for Certification. Applicants for Third-Party Examiner certificates must comply with the following:
009.02A Meet the same qualifications and training standards as State examiners, to the extent necessary to conduct skills test in compliance with 49 CFR Part 383, Subparts G and H;009.02B Be an employee of a Third-Party Tester requesting initial certification or renewal of certification as a Third-Party Examiner;009.02C Have had no violations noted on his or her driving record for which five (5) or more points might be assessed. Additionally, the Third-Party Examiner must have no disqualifications, suspensions, or revocations on his or her driving record within the last five (5) years;009.02D Have had no convictions for driving while under the influence of alcohol or drug offense in connection with motor vehicle use within the previous five (5) years;009.02E Possess a valid Nebraska license or valid license from their state of residence;009.02F Be at least twenty-one (21) years of age; 009.02G Have a high school diploma or its equivalent;009.02H Agree to conduct skills test examinations, consisting of ten (10) pre-trip vehicle inspections, ten (10) basic control skills, and ten (10) road tests, of at least ten (10) different applicants per calendar year or, at the discretion of the Department, must either take the refresher training specified in 49 CFR 384.228 or have a State examiner ride along to observe the third party examiner fully administer at least one skills test;009.02I Provide the Department with a two day advance notice of skills test appointments scheduled pursuant to 008.01A of these rules and regulations;009.02J Provide the Department with the pass/fail results and scores of each applicant tested within three (3) days of the test date pursuant to 008.01B of these rules and regulations;009.02K Must attend a training course and examination at a minimum of every four (4) years; and,009.02L Must pass a nationwide criminal background check. The Department will deny any applicant whose record contains a felony conviction or any convictions involving fraudulent activities within the last ten (10) years.009.03Application for Certification. To have a Third-Party Examiner certificate issued, renewed or remain in effect, the individual shall:
009.03A Submit a completed application and include as a minimum, the following: 009.03A1 The individual's name, title, current home address, telephone number, email address, date of birth, driver's license number and state of issuance;009.03A2 The name, address and telephone number of the individual's employer;009.03A3 The name, title, current address, telephone number, and e -mail address of the individual who has been designated the employer's contact person with the Department;009.03A4 Education (high school diploma or equivalent);009.03A5 Signature of the applicant and date; and,009.04Approval.The Department has thirty (30) days after receipt of an application for certification to deny or approve the application in the form of a written notice. Once certified, the Third-Party Examiner must display the certificate prominently in the office of the Third-Party Tester. The certification to conduct Third-Party Testing shall be valid for two (2) years.
247 Neb. Admin. Code, ch. 8, § 009