- (a) Each applicant for a third-party tester certificate shall permit the Division of Arkansas State Police and/or the Federal Motor Carrier Safety Administration to inspect and audit its operations, facilities, and records as they relate to its third-party testing program for the purpose of determining whether the applicant is qualified to be certified.
- (b) A third-party tester who has been certified and has executed an agreement shall permit the division and/or the Federal Motor Carrier Safety Administration to inspect its third-party testing program to determine whether it remains in compliance with all legal requirements.
- (c) The division and/or the Federal Motor Carrier Safety Administration may perform its inspections and audits with or without prior notice to the third-party tester.
(d) Inspections and audits will include, at a minimum, an examination of:
- (1) Records relating to the third-party testing program;
- (2) Evidence of compliance with the Federal Motor Carrier Safety Regulations;
- (3) Skills testing procedures, practices, and operations;
- (4) Vehicles used for testing;
- (5) Qualifications of third-party examiners;
(6) Effectiveness of the skills tests program by either:
- (A) Testing a sample of drivers who have passed the skills tests administered by the third-party tester; or
- (B) Having division employees or designees take the skills tests from a third-party examiner employed by the third-party tester; and
- (7) Any other aspect of the third-party tester’s operation that the division determines is necessary to verify the third-party tester meets all applicable requirements.