Skills Testing Examiner Requirements. 1. Only a Department approved Third Party Skills Testing Provider may submit an application for a Skills Testing Examiner.
2. The Third Party Skills Test Provider must provide evidence, satisfactory to the Department, that the Examiner applicant, selected by the Third Party Skills Test Provider, meets the requirements in Section 4.4. (Skills Testing Examiner).
3. Must be domiciled in Texas. Exceptions are permitted for current and active duty military personnel and their spouses or dependents seeking CDL Examiner status, provided they can prove their required permanent change of station documents. These applicants will have out-of- state driver licenses and must provide DMV with a certified driver record from their “state of record”. The Department reserves the right to require additional record checks should the Department determine it has probable cause or deems it necessary during their participation in the program.
4. Examiners must be fingerprinted and a nationwide criminal background check must be performed as required in FMCSR 49 CFR 384.228(g) paid for by the Third Party Skills Testing Provider. Criteria for not passing the criminal background check includes, but is not limited to the following:
a. Any felony conviction within the last 10 years b. Any conviction involving fraudulent activities
Skills Testing Examiner Requirements. Only a Department-approved AO may submit an application for an Examiner.
5.5.1 The AO must provide evidence, satisfactory to the Department, that the Examiner selected by the AO, meets the requirements in this section.
5.5.2 Must be Domiciled in Texas. Exceptions are permitted for current and active duty military personnel and their spouses or dependents seeking CDL Examiner status, provided they can prove their required permanent change of station documents. These Examiners will have Out-Of-State driver licenses and must provide the Department with a certified driver record from their “State of record”. The Department reserves the right to require additional record checks should the Department determine it has probable cause or deems it necessary during their participation in the program.
5.5.3 Examiners must be fingerprinted and a nationwide criminal background check must be performed as required in FMCSR, 49 CFR § 384.228(g) and (h), paid for by the AO. Criteria for not passing the criminal background check includes the following.
5.5.3.1 Any felony conviction within the last ten years.
5.5.3.2 Any conviction involving fraudulent activities.
5.5.3.3 An entering of an order of deferred adjudication for a felony, until five years after court supervision ceased and the case was dismissed.
5.5.3.4 A conviction of an offense for driving while intoxicated, or for refusing or failing a blood/breath test during the five year period immediately prior to the date of application.
5.5.3.5 Any driver license cancellation, suspension, or revocation of driving privileges connected to a moving violation for three years prior to applying to become an Examiner and must not have any thereafter.
5.5.4 When an Examiner’s record shows any of the following, additional information will be secured from the Examiner or other sources and an individual evaluation will be made of the Examiner’s suitability.
5.5.4.1 An arrest or indictment without conviction for a felony offense. If recent, the Examiner will generally be disqualified unless there are strong extenuating circumstances such as a mistake having been made, withdrawal of charges by arresting agency, etc.
5.5.4.2 An arrest without conviction for driving while intoxicated. If recent, the Examiner will generally be disqualified unless there are strong extenuating circumstances.
5.5.4.3 A pattern of a high number of entries of crashes and moving violation convictions, meaning at least two per year, in the Examiner’s traffic r...
