(a)

1. (1) A third-party examiner may conduct skills tests on behalf of no more than one (1) third-party tester.
2. (2) Third-party testers must apply for examiner certification on behalf of each person in their employ seeking to become a third-party examiner.
3. (3) If a third-party examiner leaves the employ of a third-party tester, he/she must be approved for a new examiner certificate in order to conduct tests on behalf of another third-party tester.

(b) To qualify and maintain qualification as a third-party examiner, an applicant must meet all of the following qualifications:

1. (1) File and maintain with the Division of Arkansas State Police an approved third-party examiner application on behalf of the applicant by an authorized third-party tester, and the approval has not been suspended, cancelled, or revoked;
2. (2) Be a full-time employee of the third-party tester who filed his or her third-party examiner application;
3. (3) Must be at least twenty-one (21) years of age and hold a valid Arkansas CDL with the classification and endorsements required for operation of the commercial motor vehicle used in the skills tests conducted by the third-party examiner;

4. (4) Have successfully completed:

   1. (A) A CDL examiner training course conducted by the division; or
   2. (B) An equivalent course as determined by the division;
5. (5) Attend all advanced training courses, workshops, seminars, and other instructional meetings as required by the division;

6. (6) The applicant has not had a conviction, civil infraction determination, or administrative adjudication for any of the following violations under Arkansas law, a local ordinance substantially corresponding to Arkansas law, or a law or local ordinance of another state substantially corresponding to Arkansas law during the last three (3) years:

   1. (A) Operating a motor vehicle while intoxicated or under the influence of a controlled substance, or both;
   2. (B) Refusal to submit to a chemical test to determine the alcohol or controlled substance level of his or her blood;
   3. (C) Negligent homicide or involuntary manslaughter involving a motor vehicle;
   4. (D) Racing on a highway;
   5. (E) Reckless driving;
   6. (F) Any felony in the commission of which a motor vehicle was used;
   7. (G) Failure to stop and identify self or render aid after a personal injury; or
   8. (H) No proof of insurance;

7. (7) During the three-year period preceding application:

   1. (A) The applicant's driver’s license has not been:

(i) Suspended;

1. (ii) Revoked;

   1. (iii) Denied;

      1. (iv) Cancelled;
      2. (v) Disqualified; or
      3. (vi) Subject to any driver improvement action ordered by the Office of Driver Services or a court; and
   2. (B) The applicant has not been convicted or determined responsible for any traffic violation in relation to more than one (1) motor vehicle accident;
2. (8) The applicant’s driving record does not indicate he or she may be incompetent to operate a motor vehicle safely, as determined by the division;
3. (9) Have at least three (3) years’ experience as a commercial motor vehicle operator or equivalent experience as determined by the division;

4. (10) Conduct skills tests on behalf of the third-party tester in accordance with:

   1. (A) All legal requirements; and
   2. (B) Test specifications and procedures prescribed by the division; and
5. (11) Submit to auditing and testing as required by the division.