4501-7-03 Character and fitness for class "D" and online license schools.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

Anna Firestone

Division                                                                  Contact

 

Ohio Department of Public Safety 1970 West Broad Street, Suite 531 Columbus OH 43223-0000

614-466-7014

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

4501-7-03

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Character and fitness for class "D" license schools.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB487               General Assembly: 129           Sponsor: Amstutz

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: R.C. 4508.02

5.  Statute(s) the rule, as filed, amplifies or implements: R.C. 4508.02, R.C. 4508.03, R.C. 4508.04

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being filed to implement statutory changes set forth in HB487, 129th General Assembly.

7.  If the rule is an AMENDMENT, then summarize the changes and the content

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule sets forth the types of criminal convictions that would disqualify any person's license as related to being connected to a driver training school. The rule also states the application requirement for a person who has had a previous license denial or revocation. The rule also sets forth the requirement of maintaining files for and permitting a person to continue acting in the capacity of an instructor or training manager when physical or mental impairments may affect their ability to continue as such.

In (B) the wording was amended to state any felony and misdemeanor, other than a minor misdemeanor, which is reasonably related to a person's ability to serve in connection to a driver training school. All other paragraphs were modified to include the term "online instructor."

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each

specific paragraph of the rule that has been modified:

Not Applicable.

12. 119.032 Rule Review Date: 10/8/2014

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

This rule is not expected to impact the agency's budget in the current biennium.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The estimated cost of compliance for stakeholders includes the cost of a physical examination at approximately $80. Schools may pass the cost onto their individual instructors. This cost of compliance was provided by the online driver education committees, who represent smaller and larger traditional brick-and-mortar schools, and current online providers.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

Pursuant to sections 4508.03 and 4508.04 of the Revised Code, no person shall operate a driver training school or act as a driver training instructor unless licensed by the director of public safety.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Yes, this rule allows for the director to deny the issuance of a license if there was a previous license revocation or denial within the previous five years. The rule allows for a license denial or revocation based on criminal convictions related to serving safely and honestly.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

Yes, if evidence is presented that states an instructor or training manager is unable to serve in his or her role whether mentally or physically, he or she may be subject to a physical examination at an estimated cost of $80. This estimated cost was provided by the online driver education committees, who represent smaller and larger traditional brick-and-mortar schools, and current online providers.