4501-47-09. Character

(A) Every examiner, employee, or agent of the third-party tester participating in the testing program shall be of good character and reputation.

(B) The conviction of an examiner, manager or owner of a third-party testing facility of any of the following shall be grounds to withhold issuing certification or grounds for terminating a third-party tester agreement:

(1) A conviction of a felony as defined in the Revised Code,

(2) A conviction of a misdemeanor I or II as defined in the Revised Code,

(3) A conviction of a felony or equivalent conviction under the laws of another jurisdiction, or

(4) A conviction of a misdemeanor I or II or equivalent conviction under the laws of another jurisdiction.

(C) Every person connected in any manner with a third-party test facility, including but not limited to an owner, partner, facility manager, office manager, or examiner shall comply with all applicable state and federal laws which prohibit discrimination based upon race, color, national origin, sex, age, handicap, disability, ancestry or religion.

(D) No third-party facility manager or owner shall knowingly permit any third-party examiner who is physically or mentally unfit to conduct CDL testing.

(E) Any person who applies for or holds a CDL examiner's certification shall notify the facility manager where the person is employed of any injury, any physical or mental impairment, or any drug or medicine the person is taking that gives good cause to believe such injury, impairment, drug, or medicine may affect that examiner's ability to drive safely or to effectively evaluate CDL applicants.

Five Year Review (FYR) Dates: 09/03/2015 and 09/03/2020
Promulgated Under: 119.03
Statutory Authority: 4506.09
Rule Amplifies: 4506.09
Prior Effective Dates: 10/2/89 (Emer.), 12/18/89, 6/3/04, 11/24/05

Prior History: (R.C. 119.032 review dates: 03/09/2010 and 03/09/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4506.09
Rule Amplifies: R.C. 4506.09
Prior Effective Dates: 10/2/89 (Emer.), 12/18/89, 6/3/04, 11/24/05 )