4501-53-06 Private provider qualifications for certification of approval.

 

 

 

4501-53-06                  Provider  Private  provider  qualifications  for

certification of approval.

certificate  of

(A)   All motorcycle training courses taught pursuant to section 4508.08 of the Revised Code must shall be taught by a certified instructor through an approved provider by an instructor certified to teach under this chapter.

(B)   A public agency, private agency, corporation, or organization seeking to become an approved private provider must shall submit a completed application to the department, on a form approved by the director, that demonstrates compliance with this rule.

(1)   No authorizing authorized official shall submit an application that contains false or misleading information;

(2)   The site coordinator must shall submit with the application a criminal abstract provided by the bureau of criminal identification and investigation and dated by the bureau of criminal identification and investigation not more than sixty days prior to the date the director receives the application. If there is no designated site coordinator, the authorizing authorized official must submit such criminal abstract.

(C)  The department shall issue a private provider certificate of certification of approval to any applicant who demonstrates that the motorcycle training course for which it seeks approval meets the following requirements:

(1)  The established place of business is owned, leased, or rented by the provider;

(2)   A provider maintains at least one fixed geographic location in which a training site is operated and where training is conducted, at least one office in a fixed geographic location where records are maintained, and at least one classroom where students are instructed:

(a)   The use of a mobile or modular structure as a training facility is prohibited unless the structure is installed on a permanent foundation;

(b)     Neither a provider nor its office shall consist of a house trailer, tent, temporary stand, post office box, rooming house, or apartment;

(c)   Neither a school provider nor its office shall be located within a residence or a room in a hotel or motel;

(d)   No provider may share any office or classroom with any other provider

unless the same person owns both.

(3)   The provider's office meets the following standards:

(a)   Has adequate space to maintain the required records;

(b)   Has a permanent wall of sufficient construction to prevent distractions and noise in the classroom. If no permanent wall exists, the office shall remain closed for business during classroom instruction;

(c)   Is located in the same county as, or in a county adjacent to, the provider for which student records are being stored.

(4)   The provider's classroom meets the following standards:

(a)    Comfortably accommodates at least twelve students and two instructors, and has sufficient space to contain tables and chairs or desks for all students;

(b)    Is equipped with a variety of audio and/or and visual training aids that support the course curriculum;

(c)    Is reasonably free of visible and/or and audible distractions and presents an atmosphere adequate for learning;

(d)    Has a clean and functional restroom that is available for student use within its facility;

(e)      Conforms to all federal, state, and local fire, building, and safety regulations.

(5)    Range instruction occurs on a suitable riding range, owned or leased by the provider, which shall consist of the following:

(a)   A surface of asphalt or concrete approximately two hundred feet by three hundred feet in size, which is free from obstructions, loose gravel and debris, is capable of being blocked off from all vehicular and pedestrian traffic, and is marked so that range markings to provide a clear path of travel for the students and visible cone positions for the instructor.

(6)   Assumes The provider assumes responsibility, or designates such responsibility

to a site coordinator, for the following:

(a)   Administration and operation of the motorcycle training course;

(b)    Ongoing review and evaluation of the course content, instructors, and student performance;

(c)   Assignment of instructors and scheduling of program courses;

(d)   Preparation or approval of all documents required to be submitted to the department;

(e)   Assuring the adequacy of all course training materials.

(f)   Assuring the safe operating condition of all motorcycles used by students in the BRC.

(7)   Meets The course meets the curriculum requirements as set forth in this chapter;

(8)     Has The provider has a sufficient number of certified certified BRC/ERC instructors to ensure that the ratio of instructors to students in all practical skills components of the program complies that student:teacher ratios for all courses comply with this chapter;

(9)    Submits The provider submits written course policies and procedures for the director's approval, including all of the following:

(a)   Curriculum listed by topics;

(b)   Instructor requirements;

(c)   Student/teacher ratio;

(d)   Insurance provider and limits; in compliance with rule 4501-53-13 of the Administrative Code.

(e)   Attendance requirements;

(i)   Tardiness;

(ii)   Course completion;

(iii)   Make-up.

(f)  ADA policy administration;

(g)   Registration;

(i)   Refund;

(ii)   Walk-in.

(h)   Use of student owned student-owned motorcycle motorcycles in the BRC;

(i)   Record keeping;

(j)   Course evaluation;

(k)   Student eligibility requirements;

(l)   Harassment and discrimination policies;

(m)   Complaint procedures.

(D)   A certificate of approval issued under this rule shall expire on December thirty-first of the year the certificate is issued and may be renewed annually upon application to the department pursuant to rule 4501-53-08 4501-53-09 of the Administrative Code.

Effective:                                                     02/02/2006

R.C. 119.032 review dates:                         11/17/2005 and 02/02/2011

CERTIFIED ELECTRONICALLY

Certification

01/23/2006

Date

Promulgated Under:                           119.03

Statutory Authority:                           R.C. 4508.08

Rule Amplifies:                                  R.C. 4508.08

Prior Effective Dates:                         9/26/03 (Emer.), 12/26/03