1. (a) The employer shall establish and maintain a quality assurance program that:

   1. (1) Ensures compliance with all provisions and terms of the Employer Testing Program regulations contained in Sections 25.06 through 25.23 of this Article.
   2. (2) Ensures adequate internal controls are established for program responsibilities, and appropriate separation of duties are in place for program participants, in accordance with Section 25.19.
   3. (3) Authorizes the FMCSA, or its representative, and the department to conduct random examinations, inspections and audits without prior notice.
   4. (4) Permits the department, or its representative to conduct on-site inspections at least annually.
   5. (5) Permits the department to retest certified drivers without cause to compare pass/fail results.

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.

History

1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For prior history, see Register 96, No. 15.

2. Amendment of subsections (a)(1)-(3) filed 8-16-2018; operative 10-1-2018 (Register 2018, No. 33).