Section 40:1461 - Requirements for private training and driving instructor schoolsA.(1) Every person engaged in the business of operating a private driving instructor training school or agency, or providing driving courses, shall apply for and procure a license from the Department of Public Safety and Corrections, public safety services. No person shall advertise or otherwise hold himself before the public, for remuneration, as qualified, licensed, or otherwise approved to train or instruct without having first obtained a license or contract with the Department of Public Safety and Corrections, public safety services.(2) Every person engaged in the business of operating a private driving instructor training school or agency, or providing driving courses, who has or is seeking a contract or license with the Department of Public Safety and Corrections, public safety services, shall consent to, pass, and pay the costs of a criminal history background check pursuant to R.S. 15:587.B. Every person desiring to train or instruct in driving courses shall file a written application with the commissioner.C. The commissioner of the office of motor vehicles, shall establish rules and regulations in accordance with the Administrative Procedure Act subject to oversight review by the House and Senate committees on transportation, highways, and public works, for the following:(1) The issuance, suspension, or revocation of licenses.(2) The requirements and qualifications of each applicant for a contract.(3) The establishment of the terms, manner, and location of instruction and testing.(4) The establishment of the causes of suspension or revocation of the license and contract and the imposition of a fine not to exceed one thousand five hundred dollars, pursuant to a schedule, for any violation of statutory law, rules, and regulations or the terms of the contract.D. The commissioner shall charge a fee of twenty-five dollars for each school or agency. The commissioner shall charge a fee of ten dollars for each additional instructor the school or agency may employ. E. The fees collected under this Section shall be paid to the office of motor vehicles of the Department of Public Safety and Corrections and used for its maintenance, operation, and supervision.F. Every person properly licensed pursuant to this Section on or after June 30, 2012, shall administer in accordance with law and administrative rules promulgated by the Department of Public Safety and Corrections, as a third-party examiner, both the knowledge and on-road driving skills tests required for the issuance of a Class "D" or "E" license in Louisiana.G. For purposes of this Section as it relates to a driving instructor training school or agency for a Class D or E license, or a person providing driving courses for a Class D or E license, the following words and phrases shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning: (1) "Principal" means a person or provider who has the primary responsibility for a driver education program at a school or agency.(2) "Third-party tester" means a person or entity licensed to provide driving courses who has executed a contract with the department to administer knowledge and road-skills tests required by Louisiana law for driver's license issuance.(3) "Third-party examiner" means a person employed by a third-party tester who is licensed as an instructor and is also authorized by a contract with the state to administer the knowledge and road-skills test for Class D and E licenses.(4) "Engaged in the business of operating a private driving instructor training school or agency" means any person or entity who applies to or contracts with the office of motor vehicles to operate a driving instructor training school or agency pursuant to R.S. 32:408.1 or R.S. 40:1461 and any current or prospective employee who works the business including but not limited to an instructor, an examiner, or any staff member who has access to the students' records.Added by Acts 1983, No. 665, §1; Acts 2011, No. 294, §3; Acts 2011, No. 307, §2; Acts 2022, No. 347, §3; Acts 2023, No. 176, §§2, 3, eff. June 7, 2023.Amended by Acts 2024, No. 579,s. 1, eff. 8/1/2024.Amended by Acts 2023, No. 176,s. 3, eff. 6/7/2023.Amended by Acts 2023, No. 176,s. 2, eff. 6/7/2023.Added by Acts 1983, No. 665, §1; Acts 2011, No. 294, §3; Acts 2011, No. 307, §2.