Wisconsin Legislature: Trans 115.08(3)(a)1.

(3) A copy of the examiner’s identification certificate shall be displayed in the primary place of business of the third party tester.

(4) The authorization document issued by the department to a third party testing program shall be displayed in the primary place of business of the third party tester.

(5) A third party tester authorization or examiner identification certificate shall be non-transferable.

(6) Each authorization document or examiner identification certificate shall be effective on the date of issuance and shall expire at the end of the calendar year, except that it shall expire at the end of the next calendar year if issued after June 30.

(7) All renewal application forms and fees shall be submitted to the department not less than 30 days prior to the time the previous authorization or examiner’s identification certificate expires.

Note: The department will not be responsible for the timely issuance of any renewal authorization document or examiner’s identification certificate when the application is not received in the required time frame.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (7), Register, June, 1992, No. 438, eff. 7-1-92.

Trans 115.07 On-site inspections and audits.

(1) A new applicant for third party tester authority shall allow the FMCSA or the department, or both, to inspect and audit its operations, facilities and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified to be granted authority.

(2) A third party tester who has been granted authority shall allow the department or FMCSA, or both, to inspect and audit its third party testing program to determine whether it remains in compliance with this chapter.

(3) The department or FMCSA, or both, may perform inspections and audits at any time with or without prior notice to the third party tester.

(4) Inspections and audits shall be conducted at least biennially and shall include an examination of all of the following:

(a) Records relating to the third party testing program.

(b) Evidence of compliance with the FMCSR, Wisconsin statutes and this chapter.

(d) Vehicles used for testing.

(e) Qualifications of third party examiners.

(f) Effectiveness of the CDL skills test program which shall be determined by any of the following means:

1. Having department employes take the CDL skills tests actually administered by the third party examiner.

2. Retesting a sample of drivers who were examined by the third party.

3. Having department employees’ co-score along with the third party examiner during CDL skills tests.

(g) Any other aspect of the third party tester’s operation that the department determines is necessary to verify that the third party tester meets the requirements of this chapter.

(5) The department shall prepare a written report of the results of each inspection and audit. A copy of the report shall be provided to the third party tester.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 15-065; am. (1) to (3), (4) (intro.), cr. (4) (f) 3. Register August 2016 No. 728, eff. 9-1-16.

Trans 115.08 Professional conduct and advertising.

(1) Third party examiners shall conduct themselves in a professional manner and display good driving behavior.

(2) A third party tester may advertise that the tester is authorized by the department of transportation to conduct CDL skills tests but may not indicate that a program is approved, sanctioned, or in any other way endorsed by the department over another program.

(3) No third party examiner or tester or employe or agent of a third party tester shall:

(a) Publish, advertise or imply any of the following:

1. That a program can issue or guarantee the issuance of a CDL.

2. That the tester can influence the department’s decision to issue a CDL.

3. That preferential or advantageous treatment from the department can be obtained.

(b) Provide CDL applicants with exact copies of testing material used by the department to conduct CDL examinations.

(c) Accept bribes or offer anything of value to influence the CDL examination, or issuance of a CDL completion form or license.

(d) Solicit any individual on a premises rented, leased, or owned by the department for the purpose of enrolling that individual in any third party testing program.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 115.09 Minimum insurance and bond requirements.

(1) All third party testers shall maintain commercial insurance coverages and limits as follows:

- See PDF for table

(2) As evidence of required insurance coverage, the third party tester shall file with the department one of the following:

(a) A certificate of insurance issued by an insurance company licensed to do business in this state.

(b) A certificate of self insurance issued by a group motor vehicle self insurance pool, stating that there is in effect a contract of insurance providing the coverage required to participate in this program, which certificate shall stipulate that the insurance shall not be canceled except upon 30 days prior written notice to the department.

(3) A certificate of insurance or self insurance shall include a make, model, year and identification number of every vehicle which will be used by the third party tester to administer CDL skills tests.

(4) All third party testers that are not an agency or department of this state or its political subdivisions or another state shall maintain a bond in an amount set in a schedule determined by the department. The bond amount shall be sufficient to pay for retesting of drivers in the event the third party tester or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 15-065: am. (title), cr. (4) Register August 2016 No. 728, eff. 9-1-16.

Trans 115.10 Test administration.

(1) Skills tests shall be conducted strictly in accordance with the provisions of ch. Trans 104 and with current test instructions provided by the department. Such instructions may include information on CDL skills test content, route selection, test forms, examiner procedures, and administrative procedures.

(2) Skills tests shall be conducted:

(a) On test routes authorized by the department.

(b) In a CMV that is representative of the class and endorsement for which the CDL applicant seeks to be licensed and for which the third party examiner is qualified to test.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 115.11 Denial and cancellation of third party testing.

(1) The department may cancel, deny or refuse to renew a third party tester authorization or an examiner’s identification certificate for any of the following:

(a) The organization or person does not qualify as a third party tester or examiner under the provisions of this chapter.

(b) Failure to comply with or satisfy any of the provisions of a third party tester agreement or any other requirements of this chapter.

(d) Falsification of any records or information relating to third party tester or examiner program.

(e) Commission of any act which compromises the integrity of the third party tester or examiner program.

(2) The department shall cancel or refuse to renew a certificate when the third party examiner’s operator’s license is suspended, revoked, or canceled.

(3) If the department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester contract, the department may postpone the cancellation and allow the third party tester or examiner 30 days to correct the deficiency.

(4) A person whose application, examiner identification certificate or third party tester authorization has been denied or canceled under this chapter may request that the department conduct a hearing. The request shall be in writing and filed with the department within 20 days after the date of such denial or cancellation. The department shall schedule the hearing no later than 30 days from the receipt of the request unless a later date is agreed to between the department and the person requesting the hearing. A hearing notice shall be sent to the person’s last known address by first class mail.

(5) The results of the hearing conducted by the department for denial or cancellation under this chapter is subject to judicial review in the manner provided in ch. 227, Stats., for the review of administrative decisions.

(6) Any third party tester or examiner shall surrender the authorization or certificate upon demand by the department.

(7) A person whose authorization or certificate has been denied or canceled under this chapter may reapply upon termination of the period of time, if any, set by the department. The department shall require the applicant to provide proof that the conditions that caused the denial or cancellation have been corrected or are no longer applicable.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (4), Register, November, 1995, No. 479, eff. 12-1-95.

Trans 115.12 Program cancellation. The department reserves the right to cancel the third party testing program.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.