61:25:04:07.  Specific requirements for certain third-party testers. In addition to the requirements listed in § 61:25:04:05, all third-party testers who are not governmental entities or an association shall meet the following requirements:

 

          (1)  Entities other than proprietary schools and other educational institutions:

 

               (a)  Employ a safety officer or designate an official who is responsible for the third-party testing operation;

               (b)  Have been in operation in South Dakota for a minimum of two years; and

               (c)  If subject to the FMCSR, maintain a safety rating of satisfactory as provided in 49 C.F.R. 385.11 as of January 1, 2015;

 

          (2)  Proprietary schools and other educational institutions:

 

               (a)  Have an established commercial motor vehicle training program; and

               (b)  Have been in operation in South Dakota for a minimum of two years.

 

          Source: 16 SDR 88, effective November 16, 1989; 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective December 27, 2006; 35 SDR 305, effective July 1, 2009; 40 SDR 39, effective September 9, 2013; SL 2015, ch 168, § 50, effective July 1, 2015.

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

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