61:25:04:05.  Requirements for third-party testers. To be licensed, a third-party tester must:

    (1)  Apply to the department, as provided in § 61:25:04:08, and enter into an agreement with the department;

    (2)  Maintain a place of business with at least one permanent regularly occupied structure in this state;

    (3)  Direct or control at least one qualified third-party examiner approved by the department. A third-party tester may also be a third-party examiner;

    (4)  Allow the Federal Motor Carrier Safety Administration, its representatives, and the department to conduct random examinations, inspections, and audits without prior notice;

    (5)  Allow the department to conduct annual on-site inspections;

    (6)  Maintain for two years the completed commercial driver licensing skills test scoring sheet of each driver for whom the third-party tester conducts a skills test, whether or not the driver passes or fails the test at an approved location within the state;

    (7)  Maintain a record of each third-party examiner under the direction or control of the third-party tester at an approved location and retain the record for at least two years after the third-party examiner leaves the direction or control of the third-party tester;

    (8)  Ensure that the skill tests are conducted in accordance with the requirements of § 61:25:04:18;

    (9)  Enter each test score into the Commercial Skills Test Information Management System;

    (10)  Meet all requirements of state law, federal law, and local ordinances; and

    (11)  Send a copy of testing records to the department by the fifteenth day of each month.

    Source: 16 SDR 88, effective November 16, 1989; 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective December 27, 2006; 40 SDR 39, effective September 9, 2013; SL 2015, ch 168, § 48, effective July 1,2015; 50 SDR 47, effective October 16, 2023.

    General Authority: SDCL 32-12A-48(6).

    Law Implemented: SDCL 32-12A-11, 32-12A-49