Common use of Examiner Certification Clause in Contracts

Examiner Certification. 1. An examiner certification will be provided to the Third Party Skills Testing Provider on behalf of the examiner applicant of the Third Party Skills Testing Provider who has made application, and demonstrated that the examiner applicant has completed all necessary training as determined by the Department. 2. The certificate issued by the Department allowing an Examiner to operate under the Third Party CDL Skills Testing must remain on file at the physical location of the Skills Testing Provider. 3. The examiner’s certificate must be surrendered to the Department when he or she leaves the employ of the Skills Testing Provider, when the examiner is no longer assigned third party examiner duties by the Skills Testing Provider, or when the certification has been cancelled. 4. Examiner certificates are non-assignable. 5. Each agreement and certificate shall become effective on the date of issuance and shall expire two (2) years from the effective date, unless otherwise cancelled or revoked. 6. All renewal application forms must be filed with the Department not less than thirty (30) days prior to the time the certificate or agreement expires. The Department is not responsible for the timely issuance of any renewal certificate when the application is not received within the necessary timeframe. 7. The third party tester must apply for examiner certification on behalf of persons in their employ or to be employed on a form prescribed by the Department. 8. The Department will evaluate the written application and background check, submitted on behalf of the examiner, including the individual’s driver record. If satisfactory, the examiner will be permitted to complete the examiner training. Training may be waived if the examiner is seeking another certificate only because he or she has changed Skills Testing Providers. 9. Upon successful application, training, and evaluation, an examiner certificate will be issued evidencing a third party examiner’s authority to conduct CDL skills tests for the classes and types of vehicles listed. 10. Evaluation will consist of successful completion of the 40 hour Certified Commercial Examiner training, three (3) CDL skills testing observations and three (3) CDL skills testing check-rides. Co-scoring must be within five (5) points of each other. 11. Successfully complete the Department’s refresher course and examiner recertification every two (2) years to maintain their CDL examiner certification. 12. Failure to maintain uninterrupted employment with the Skills Testing Provider may result in the suspension of testing privileges and may result in the re-examination of any applicant skills tested by the employee.

Examiner Certification. 1. 6.2.1 An examiner Examiner certification will be provided to the Third Party Skills Testing Provider AO on behalf of the examiner applicant Examiner of the Third Party Skills Testing Provider AO who has made application, and demonstrated that the examiner applicant Examiner has completed all necessary training Training as determined by the Department. 2. 6.2.2 The certificate issued by the Department allowing an Examiner to operate under the Third Third-Party CDL Skills Testing program must remain on file at the physical location of the Skills Testing ProviderAO. 3. 6.2.3 The examinerExaminer’s certificate must be surrendered to the Department when he or she leaves the employ of the Skills Testing ProviderAO, when the examiner Examiner is no longer assigned third party examiner Examiner duties by the Skills Testing ProviderAO, or when the certification has been cancelled. 4. 6.2.4 Examiner certificates are nonnot-re-assignable. 5. 6.2.5 Each agreement and certificate shall will become effective on the date of issuance and shall will expire two (2) four years from the effective date, unless otherwise cancelled or revoked. 6. 6.2.6 All renewal application forms must be filed with the Department not less than thirty (30) 60 days prior to the time the certificate or agreement expires. The Department is not responsible for the timely issuance of any renewal certificate when the application is not received within the necessary timeframe. 7. 6.2.7 The third party tester AO must apply for examiner Examiner certification on behalf of persons in their employ or to be employed on a form prescribed by the Department. 8. 6.2.8 The Department will evaluate the written application and background check, submitted on behalf of the examinerExaminer, including the individual’s driver record. If satisfactory, the examiner Examiner will be permitted to complete the examiner trainingExaminer Training. Training may be waived if the examiner Examiner is seeking another certificate only because he or she the Examiner has changed Skills Testing ProvidersAOs. 9. 6.2.9 Upon successful application, trainingTraining, and evaluation, an examiner Examiner certificate will be issued evidencing a third third-party examinerExaminer’s authority to conduct CDL skills tests for the classes and types of vehicles listed. 10. 6.2.10 Evaluation will consist of successful completion of the 40 hour Certified Commercial Examiner training(CCE) Training, three (3) CDL skills testing observations observations, and three (3) CDL skills testing check-rides. Co-scoring must be within five (5) points of each other. Evaluation may also consist of successful completion of the 40 hour Certified Commercial Knowledge Examiner (CCKE) Training. 11. 6.2.11 Successfully complete the Department’s refresher course and examiner Examiner recertification every two (2) years four years, and conduct ten complete skills tests per year to maintain their CDL examiner Examiner certification. A complete test is defined as the Pre-Trip, Basic Control and Skills test. The ten tests for each type of test does not have to be the same Applicant. 12. 6.2.12 Failure to maintain uninterrupted employment with the Skills Testing Provider AO may result in the suspension of testing privileges and may result in the re-examination of any applicant skills Applicant tested by the employeeExaminer.

Examiner Certification. 1. 6.2.1 An examiner Examiner certification will be provided to the Third Party Skills Testing Provider AO on behalf of the examiner applicant Examiner of the Third Party Skills Testing Provider AO who has made application, and demonstrated that the examiner applicant Examiner has completed all necessary training Training as determined by the Department. 2. 6.2.2 The certificate issued by the Department allowing an Examiner to operate under the Third Third-Party CDL Skills Testing program must remain on file at the physical location of the Skills Testing ProviderAO. 3. 6.2.3 The examinerExaminer’s certificate must be surrendered to the Department when he or she leaves the employ of the Skills Testing ProviderAO, when the examiner Examiner is no longer assigned third party examiner Examiner duties by the Skills Testing ProviderAO, or when the certification has been cancelled. 4. 6.2.4 Examiner certificates are nonnot-re-assignable. 5. 6.2.5 Each agreement and certificate shall will become effective on the date of issuance and shall will expire two (2) four years from the effective date, unless otherwise cancelled or revoked. 6. 6.2.6 All renewal application forms must be filed with the Department not less than thirty (30) 60 days prior to the time the certificate or agreement expires. The Department is not responsible for the timely issuance of any renewal certificate when the application is not received within the necessary timeframe. 7. 6.2.7 The third party tester AO must apply for examiner Examiner certification on behalf of persons in their employ or to be employed on a form prescribed by the Department. 8. 6.2.8 The Department will evaluate the written application and background check, submitted on behalf of the examinerExaminer, including the individual’s driver record. If satisfactory, the examiner Examiner will be permitted to complete the examiner trainingExaminer Training. Training may be waived if the examiner Examiner is seeking another certificate only because he or she the Examiner has changed Skills Testing ProvidersAOs. 9. 6.2.9 Upon successful application, trainingTraining, and evaluation, an examiner Examiner certificate will be issued evidencing a third third-party examinerExaminer’s authority to conduct CDL skills tests for the classes and types of vehicles listed. 10. 6.2.10 Evaluation will consist of successful completion of the 40 hour Certified Commercial Examiner trainingTraining, three (3) CDL skills testing observations observations, and three (3) CDL skills testing check-rides. Co-scoring must be within five (5) points of each other. 11. 6.2.11 Successfully complete the Department’s refresher course and examiner Examiner recertification every two (2) years four years, and conduct ten complete tests per year to maintain their CDL examiner Examiner certification. A complete test is defined as the Pre-Trip, Basic Control and Skills test. The ten tests for each type of test does not have to be the same Applicant. 12. 6.2.12 Failure to maintain uninterrupted employment with the Skills Testing Provider AO may result in the suspension of testing privileges and may result in the re-examination of any applicant Applicant skills tested by the employeeExaminer.

Examiner Certification. 1. An examiner Examiner certification will be provided to the Third Party Skills Testing Provider AO on behalf of the examiner applicant Examiner of the Third Party Skills Testing Provider AO who has made application, application and demonstrated that the examiner applicant Examiner has completed all necessary training Training as determined by the Department. 2. The certificate issued by the Department allowing an Examiner to operate under the Third Third‐ Party CDL Skills Testing program must remain on file at the physical location of the Skills Testing Provider. 3AO. The examinerExaminer’s certificate must be surrendered to the Department within 30 days, when he or she leaves the employ of the Skills Testing ProviderAO, when the examiner Examiner is no longer assigned third party examiner duties by the Skills Testing Providerskills tests or knowledge tests, or when the certification has been cancelled. 4. Examiner certificates are non-assignable. 5not‐re‐assignable. Each agreement and certificate shall will become effective on the date of issuance and shall will expire two (2) four years from the effective date, unless otherwise cancelled or revoked. 6. All renewal application forms must be filed with the Department not less than thirty (30) 60 days prior to the time the certificate or agreement expires. The Department is not responsible for the timely issuance of any renewal certificate when the application is not received within the necessary timeframe. 7. The third party tester AO must apply for examiner Examiner certification on behalf of persons in their employ or to be employed on a form prescribed by the Department. 8. The Department will evaluate the written application and background check, submitted on behalf of the examinerExaminer, including the individual’s driver record. If satisfactory, the examiner Examiner will be permitted to complete the examiner trainingExaminer Training. Training may be waived if the examiner Examiner is seeking another certificate only because he or she the Examiner has changed Skills Testing Providers. 9AOs. Upon successful application, trainingTraining, and evaluation, an examiner Examiner certificate will be issued evidencing a third party examinerthird‐party Examiner’s authority to conduct CDL skills tests for the classes and types of vehicles listed. 10. Evaluation will consist of successful completion of the 40 hour Certified Commercial Examiner training(CCE) Training, three (3) CDL skills testing observations observations, and three (3) CDL skills testing check-ridescheck‐rides. Co-Co‐ scoring must be within five (5) points of each other. 11. Evaluation may also consist of successful completion of the 40 hour Certified Commercial Knowledge Examiner (CCKE) Training. Successfully complete the Department’s refresher course and examiner Examiner recertification every two (2) four years and conduct ten complete skills tests per year to maintain their CDL examiner Examiner certification. 12. A complete test is defined as the Pre‐Trip, Basic Control Skills and Road test. The ten tests for each type of test does not have to be the same Applicant. Successfully complete the Department’s CCKE refresher course and Examiner recertification every four years to maintain CCKE certification. Failure to maintain uninterrupted employment with the Skills Testing Provider AO may result in the suspension of testing privileges and may result in the re-examination re‐examination of any applicant skills Applicant tested by the employeeExaminer. Third‐Party Testing Oversight Inspections and audits will include, at a minimum, an examination of: records relating to the third‐party testing program; evidence of compliance with Federal Motor Carrier Safety Regulations; testing procedures, practices and operations; vehicles used for testing; qualifications of third‐party Examiners, including examiner training records; and a testing program by testing a sample of drivers. Allow representatives from the FMCSA or the Department to conduct both announced and unannounced audits without prior notice, including co‐scoring along with the Examiner during testing to compare pass/fail results. Upon request by the Department, provide copies of any applicable records required to be maintained. All records, documents, reports, and files required under this program must be kept in the State of Texas at a designated location identified in the AO’s third‐party application, as well as in the Designated Responsible Person’s file, and available during normal working hours. Upon request, provide representatives of FMCSA or the Department with copies of all records required to be maintained in reference to this program. These records must be maintained for the life of the MOU and three years after the MOU ends at the licensed location where the testing took place, and must include: The name and address of each AO Employee certified by the Department. The name and address of each Applicant or student that was administered a CDL test. Allow representatives from FMCSA or the Department to conduct Instant Pre-Trip testing or retest any Applicant administered a CDL test by its Examiners. Allow representatives from FMCSA and/or the Department to observe all portions of an Applicant’s CDL skills test, including the engine start and the road test being administered. This may require the representative to be present inside the vehicle. Allow representatives from FMSCA and/or the Department to co‐score along with the examiners during the CDL skills tests to compare pass/fail results. Allow the Department to conduct on‐site inspections at least every two years, with a focus on examiners with irregular results, such as unusually high or low pass/fail rates. Allow State employees to covertly take the tests administered by the third-party as if the State employee were a test applicant.

Examiner Certification. 1. An examiner Examiner certification will be provided to the Third Party Skills Testing Provider AO on behalf of the examiner applicant Examiner of the Third Party Skills Testing Provider AO who has made application, application and demonstrated that the examiner applicant Examiner has completed all necessary training Training as determined by the Department. 2. The certificate issued by the Department allowing an Examiner to operate under the Third Third-Party CDL Skills Testing program must remain on file at the physical location of the Skills Testing Provider. 3AO. The examinerExaminer’s certificate must be surrendered to the Department when he or she leaves the employ of the Skills Testing ProviderAO, when the examiner Examiner is no longer assigned third party examiner Examiner duties by the Skills Testing ProviderAO, or when the certification has been cancelled. 4. Examiner certificates are nonnot-re-assignable. 5. Each agreement and certificate shall will become effective on the date of issuance and shall will expire two (2) four years from the effective date, unless otherwise cancelled or revoked. 6. All renewal application forms must be filed with the Department not less than thirty (30) 60 days prior to the time the certificate or agreement expires. The Department is not responsible for the timely issuance of any renewal certificate when the application is not received within the necessary timeframe. 7. The third party tester AO must apply for examiner Examiner certification on behalf of persons in their employ or to be employed on a form prescribed by the Department. 8. The Department will evaluate the written application and background check, submitted on behalf of the examinerExaminer, including the individual’s driver record. If satisfactory, the examiner Examiner will be permitted to complete the examiner trainingExaminer Training. Training may be waived if the examiner Examiner is seeking another certificate only because he or she the Examiner has changed Skills Testing Providers. 9AOs. Upon successful application, trainingTraining, and evaluation, an examiner Examiner certificate will be issued evidencing a third third-party examinerExaminer’s authority to conduct CDL skills tests for the classes and types of vehicles listed. 10. Evaluation will consist of successful completion of the 40 hour Certified Commercial Examiner training(CCE) Training, three (3) CDL skills testing observations observations, and three (3) CDL skills testing check-rides. Co-scoring must be within five (5) points of each other. 11. Evaluation may also consist of successful completion of the 40 hour Certified Commercial Knowledge Examiner (CCKE) Training. Successfully complete the Department’s refresher course and examiner Examiner recertification every two (2) four years and conduct ten complete skills tests per year to maintain their CDL examiner Examiner certification. 12. A complete test is defined as the Pre-Trip, Basic Control and Skills test. The ten tests for each type of test does not have to be the same Applicant. Successfully complete the Department’s CCKE refresher course and Examiner recertification every four years to maintain CCKE certification. Failure to maintain uninterrupted employment with the Skills Testing Provider AO may result in the suspension of testing privileges and may result in the re-examination of any applicant skills Applicant tested by the employeeExaminer. Third-Party Testing Oversight Inspections and audits will include, at a minimum, an examination of: records relating to the third-party testing program; evidence of compliance with Federal Motor Carrier Safety Regulations; testing procedures, practices and operations; vehicles used for testing; qualifications of third-party Examiners, including examiner training records; and a testing program by testing a sample of drivers. Allow representatives from the FMCSA or the Department to conduct both announced and unannounced audits without prior notice, including co-scoring along with the Examiner during testing to compare pass/fail results. Upon request by the Department, provide copies of any applicable records required to be maintained. All records, documents, reports, and files required under this program must be kept in the State of Texas at a designated location identified in the AO’s third-party application, as well as in the Designated Responsible Person’s file, and available during normal working hours. Upon request, provide representatives of FMCSA or the Department with copies of all records required to be maintained in reference to this program. These records must be maintained for the life of the MOU and three years after the MOU ends at the licensed location where the testing took place, and must include: The name and address of each AO Employee certified by the Department. The name and address of each Applicant or student that was administered a CDL test. Allow representatives from FMCSA or the Department to conduct Instant Random Sampling, Random Sampling, or retest any Applicant administered a CDL test by its Examiners. Allow representatives from FMCSA and/or the Department to observe all portions of an Applicant’s CDL skills test, including the engine start and the road test being administered. This may require the representative to be present inside the vehicle. Allow representatives from FMSCA and/or the Department to co-score along with the examiners during the CDL skills tests to compare pass/fail results. Allow the Department to conduct on-site inspections at least every two years, with a focus on examiners with irregular results, such as unusually high or low pass/fail rates. Allow State employees to covertly take the tests administered by the third party as if the State employee were a test applicant.