RULES AND REGULATIONS TO ESTABLISH, IMPLEMENT AND ADMINISTER A MOTORCYCLE OPERATOR SAFETY TRAINING (MOST PROGRAM 2 CCR 602-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] I. Authority and Purpose A. These Rules are adopted pursuant to the authority contained in sections 43-5-501 through 505, Colorado Revised Statutes ("Statute"), specifically Section 43-5-502 (1) (d). The purpose of these Rules is to adopt necessary provisions and procedures to establish, implement, and administer the Motorcycle Operator Safety Training (MOST) Program intended and required by the Statute. The intent of the Statute is that the Colorado Department of Transportation (CDOT) use Motorcycle Operator Safety Training Funds to establish, administer, promote, provide motorist awareness programs, and participate in the costs of the Program, so that Motorcycle Safety training would be more accessible to a greater percentage of Colorado consumers and would be less costly to consumers, thereby enabling more persons to enroll in and complete such safety training. The Statement of Basis, Specific Statutory Authority, and Purpose, for the initial Rules adopted and for the amended Rules adopted are hereby incorporated by this reference and made part of these Rules. A copy of these Statements can be obtained from CDOT.

B. Enrollment in Motorcycle Operator Safety Training Courses is open to any resident of Colorado who has a valid Colorado driver's license or permit or active duty military person with a valid driver’s license from another state or United States territory and who pays the applicable tuition fee. A motorcycle operator's license endorsement is not required for the Basic Course, but may be required for advanced courses.

II. Definitions As used in these Rules, unless the context otherwise requires:

A. “Basic Course” means a course of motorcycle instruction for beginning riders the components of which are listed in section VIII. F.

B. “Advanced Course” means a course of motorcycle instruction for experienced riders the components of which are listed in section VIII. F.

C. "Branch Manager” means the Branch Manager of the Colorado Department of Transportation’s Safety and Traffic Engineering Branch.

D. "Program Instructor Training Specialist" or “Chief Program Instructor” or “Rider Coach Trainer” or the equivalent term in another curricula means an Program Instructor certified by the MOST Program coordinator using guidelines of a state approved curricula for the training and evaluation of Program Instructors.

E. "Motorcycle" means for the purposes of these rules, a motor vehicle designed to travel on not more than two wheels in contact with the ground, but does not include a motorized bicycle as defined in Section 42-1-102 (59) (b), C.R.S.

F. "Motorcycle Operator Safety Training Course" means a particular course of instruction under the Program to develop the knowledge, attitude, habits and skills necessary for the safe operation of a motorcycle, including instruction on the use or protective clothing and equipment and the effects of alcohol and drugs on the operation of motorcycles, as authorized by Section 43-5-502, C.R.S.

G. "Motorcycle Operator Safety Training Funds" or "Funds" means those moneys appropriated and budgeted for the implementation and administration of the Motorcycle Operator Safety Training Program, in accordance with Section 43-5-504, C.R.S.

H. "Motorist Awareness" means promoting activities that contribute to inform and educate motorists how to safely share the road with motorcyclists.

I. "Program" means the Motorcycle Operator Safety Training Program established pursuant to section 43-5-502, C.R.S. The Program includes administration, sponsors, Program Instructors, courses, participating students, and funds expenditure.

J. “CDOT” means the Colorado Department of Transportation and refers to the Safety and Traffic Engineering Branch and the MOST Program.

K. "Program Coordinator" means the individual employed by CDOT who is responsible for the implementation, management, and maintenance of the Program.

L. "Program Instructor" means an individual who meets the requirements of these Rules and who is certified by CDOT to coach or offer Program course instruction to the public in the safe operation of a motorcycle.

M. "Program Instructor Training" means a course of instruction under the Program to train Program Instructors to develop and maintain the knowledge, attitude, habits and skills necessary to conduct a Motorcycle Operator Safety Training course.

N. "Program Sponsor" means any individual, association, partnership, corporation, educational or governmental agency certified by CDOT to contract for funding, sponsor, operate, and offer the motorcycle operator safety training course(s) to the public.

O. "Promotion" means to further the growth of the MOST Program by various means including advertising and publicity.

P. "Range Aide" means a person providing assistance to the Program Instructor throughout the courses. Range Aides have no instructional duties or responsibilities.

Q. "Reinstatement" means the recertification of a Program Sponsor, Instructor Training Specialist or Program Instructor after any denial, suspension, or revocation of their initial certification under these Rules to act in that capacity.

R. "Research Based" means thoroughly investigated, tested, and documented findings using scientific research methods regarding a motorcycle training curricula as determined by the Branch Manager.

S. “Resident” means an individual whose principal or primary place of abode or residence, as defined in section 1-2-102, C.R.S., is in the state of Colorado and who has been such a resident for six months or longer, or if allowed by Colorado law, a member of the armed forces who has moved to Colorado on a permanent change of station basis and who holds a valid driver’s license issued by another state.

T. “Beginning Rider Curriculum” means courses of training designed to provide persons with little or no motorcycling experience the basic knowledge and skills necessary to meet minimum Colorado standards to operate a motorcycle.

U. “Experienced Rider Curriculum” means a course of study and training for which the student has a valid motorcycle operator’s from Colorado or another state or United States territory and owns or has access to a motorcycle that can be used for the class.

III. Program Sponsor Application Requirements No person may sponsor, operate, or offer the Motorcycle Operator Safety Training (MOST) course to the public for compensation and be eligible to receive Funds from CDOT, without first obtaining, and continuing to maintain, a Program Sponsor Certification from CDOT which may issue a Program Sponsor Certification if it determines that the applicant satisfies all the requirements of the Rules. To obtain Program Sponsor certification the applicant must:

A. Agree to sponsor, operate, and offer the Motorcycle Operator Safety Training courses in accordance with the Rules and an approved curriculum;

B. Submit a complete, written application on a form provided by CDOT; including some agreed upon form of range identification.

C. Have the capacity to register students, to collect and account for tuition, and to comply with all other necessary administrative requirements of the Program;

D. Submit a diagram of, and have the right to use an area for training for motorcycle operation which meets or exceeds the minimum standard of CDOT approved curriculum.

E. Have a classroom that is large enough to seat all students and Program Instructors comfortably and which contains at least one adequate seating and writing surface for each student, and at least one Program Instructor's desk, table, or podium;

F. If curricula so requires, provide audio-visual presentation equipment for the class room such as chalkboard, VHS or DVD player and monitor.

G. Provide a first aid kit and at least one five pound ABC fire extinguisher for the riding area;

H. Provide evidence of liability insurance naming the State of Colorado as an additional insured as specified in the contract; and I. Designate an authorized representative to sign all necessary contracts with CDOT, Program Instructors, or students, to sign all forms required by the CDOT concerning the Program, and to be the custodian of all records of the program which the Program Sponsor must keep for a period of at least three years from the date of its creation.

IV. Program Sponsor Certification Requirements To maintain certification, a Program Sponsor must:

A. Provide the Program training and facilities as required by the Rules, and by the Sponsor's contract with CDOT;

B. Arrange for advance public notice of courses, as required in the contract with CDOT. If the Sponsor uses the MOST logo on public notices, advertising, or other use of the media to provide notice of or otherwise advertise the MOST Program, all such notices and advertising must be approved by CDOT prior to use;

C. Be able to hire, schedule, and compensate Program Instructors as required to provide the Program;

D. Prominently display State Sponsor Certification in the Program Sponsor's place of business;

E. Maintain all Program records and submit such records as requested to CDOT. Make available such records for audit, and maintain a student record for each student who enrolls in the Motorcycle Operator Safety Training Course, on the form required by the CDOT. Program Sponsors shall not alter CDOT forms. This record shall be open and available for inspection by CDOT during regular business hours. The Sponsor shall retain records for a period of three years after the date the student enrolls. The record shall contain, at a minimum, the following:

1. The full name of the student, as it appears on the student's driver's license or permit;

2. The student driver's license or permit number, and date of expiration; the student's date of birth;

3. The student's mailing address, phone number, and name and phone number of person to contact in the event of an emergency;

4. The results of the student's classroom and on-cycle training, including both written test scores and skill test scores, indicating whether or not the student successfully completed the training;

5. Information regarding whether a certificate for waiver was issued;

6. The Program Sponsor's name, addresses, telephone number, and range location;

7. The Program Instructor(s) name and certification number(s);

F. Permit an inspection by CDOT of the facilities used for training, both the classroom and riding area, and all records and other materials used for the Motorcycle Operator Safety Training Program at any time; and G. Certification shall be for a term not to exceed one year and shall expire on the December 31 after it is granted, and shall be subject to annual renewal 30 days prior to expiration.

V. Program Instructor certification requirements No person may instruct or offer the Program Course(s) under the employment or authority of or in affiliation with a Program Sponsor without first obtaining, and continuing to maintain, a Program Instructor Certification from CDOT. CDOT shall issue a Program Instructor Certification if CDOT determines that the applicant satisfies all of the requirements of the criteria. To obtain certification, the applicant must:

A. Agree to instruct the Motorcycle Operator Safety Training courses in accordance with the Rules, and the approved curricula;

B. Have successfully completed a CDOT approved Program Instructor preparation class;

C. Possess a current, valid Colorado driver's license, endorsed for operation of a motorcycle;

D. Be at least 21 years of age;

E. Submit a copy of his/her driving record to CDOT which must reflect an acceptable driving record as stated in section XIII. B.2.e and f;

F. Be proficient in riding skills so as to be able to demonstrate all course exercises.

VI. Maintenance of Program Instructor Certification To maintain certification the Program Instructor shall meet the following requirements:

A. Certification shall be for a term not to exceed one year and shall be subject to annual renewal 30 days prior to expiration on December 31 of the year it is granted.

B. Program Instructors who do not renew their certifications according to CDOT procedures will be required to apply for recertification. A Program Instructor Training Specialist shall conduct the recertification requirements and notify CDOT in writing of the results. For recertification, CDOT shall require successful completion of one or more of the following:

1. A riding skills test from the Program Instructor Preparation class;

2. A knowledge test from the Program Instructor Preparation class;

3. A one-day Program Instructor Update class;

4. An entire Instructor Preparation class.

5. An assigned portion of a Program Instructor Preparation class;

6. An entire Program Instructor update.

C. Evidence of certification as a Program Instructor shall be provided upon request from any representative of CDOT, a Program Sponsor, or a student.

D. Program Instructors shall teach a minimum of two MOST rider courses or another motorcycle training program utilizing CDOT approved curricula within each one year certification period, not less than one of which must be a Basic Course.

E. Program Instructors shall attend one scheduled Program Instructor Update class per year, when provided by CDOT. If a Program Instructor shows good cause, in advance and in writing, CDOT may, in its discretion, excuse a Program Instructor from the requirement.

F. Program Instructors must report changes in their personal address and/or phone number to CDOT within 30 days of such changes.

G. Program Instructors shall exhibit professional conduct when instructing. Professional conduct includes, but is not limited to, wearing appropriate riding gear when demonstrating exercises and not using profane, hostile, or obscene language.

VII. Program Instructor Training A. The Program Instructor training must be conducted by a Program Instructor Training Specialist in accordance with MOST standards and guidelines.

B. The curricula for Program Instructor Training shall consist of a CDOT approved Program Instructor preparation course.

C. The Program Instructor Training Specialist must coordinate with the Sponsor and the MOST Program Coordinator, to establish the date, location, student enrollment, and tuition if the course is to be held within the MOST Program using MOST funds.

D. CDOT may conduct Program Instructor Update Classes in order to maintain up-to-date technical knowledge among all Program Instructors.

VIII. Approved Motorcycle Operator Safety Training Courses A. All Motorcycle Operator Safety Training Courses for students and Program Instructors must be certified by CDOT before such courses may be used in the Program. To be eligible for the CDOT certification, Motorcycle Operator Safety Training Courses must meet the standards and criteria described below in section VIII. F.

B. CDOT has determined and certifies that certain specified motorcycle safety courses contain the standards, criteria, and techniques needed to develop the knowledge, attitudes, habits and skills necessary for the safe operation of a motorcycle, including instruction relating to the effects of alcohol and drugs on the operation of motorcycles, as required by the Statute. The content, organization, and chronology of presentation of the specified courses based upon documented research and have been shown to be effective in providing safety training in accordance with the nationally accepted standards for motorcycle safety training. A list of current CDOT certified courses is on file with the Program Coordinator.

C. Any person requesting CDOT certification to use curricula in the Program must file a written request with the Program Coordinator. Such courses may be used in the Program only after written certification is issued by the Branch Manager approving such use The procedures set out in Section VIII. E. will be followed in certifying other safety training courses.

D. CDOT will maintain a CDOT certified copy of the complete text of certified course materials, which shall be available for inspection during regular business hours. Any person may obtain information concerning how the certified material may be examined or copied by contacting the Program Coordinator.

E. CDOT will also certify as acceptable for the Program other safety training courses for students or Program Instructors which the Branch Manager determines meet standards which are the same as or substantially equivalent to the standards described and incorporated herein. The Branch Manager shall make a determination based upon a comparison of the other courses(s) with the objective standards expressly described in section VIII. F.

F. To be eligible to be certified by CDOT for use in the Program, a motorcycle safety training course must meet or exceed certain objective standards, including;

1. Must be research based;

2. Must provide a Basic Rider Education Course and a Program Instructor Preparation Course;

3. Curriculum for the Basic Rider Course shall provide classroom and actual on-cycle instruction in the basic operation of motorcycles;

4. All course participants and Program Instructors shall wear protective gear including a U.S DOT approved motorcycle helmet, eye protection, long sleeved shirt or jacket, gloves, long legged pants, and sturdy boots or shoes that cover the ankle whenever sitting upon a motorcycle which has the engine running.

5. Classroom training for a basic course shall be the number of classroom hours as required by the approved curricula, and to include, but not limited instruction on:

1. a. Motorcycle controls;
2. b. Protective riding gear;
3. c. Pre-ride check;
4. d. Starting and stopping the motorcycle;
5. e. Riding in a straight line;
6. f. Turning;
7. g. Shifting;
8. h. Braking;
9. i. Visibility;
10. j. Lane positioning;
11. k. Defensive riding strategies;
12. l. Counter steering techniques for cornering and evasive maneuvers;
13. m. Riding on different surfaces;
14. n. Carrying passengers and loads;
15. o. Riding in adverse conditions;
16. p. Alcohol and drugs as they affect riding;
17. q. Risk awareness and risk acceptance.

6. One to three hours of the classroom time may be devoted to the showing of visual media. Visual media used in the basic motorcycle safety and education course must be part of the approved curriculum;

7. Practical on-cycle training shall include the number of hours as required by the approved curricula:

1. a. Proper mounting and dismounting procedures;
2. b. Vehicle starting procedures;
3. c. Straight line riding;
4. d. Turning;
5. e. Shifting gears up and down;
6. f. Braking in a straight line and in a curve;
7. g. Cornering;
8. h. Counter steering techniques for cornering and evasive maneuvers.

8. The curriculum for an Advanced Course shall provide discussion and actual on-cycle instruction in advanced techniques for operation of motorcycles. Advanced instruction shall include, but need not be limited to:

1. a. Risk management;
2. b. Rider responsibility;
3. c. Riding strategies;
4. d. Traction management;
5. e. Cornering;
6. f. Braking;
7. g. Swerving h. The effects of alcohol, drugs, fatigue and aging.

9. For the Advanced Course, course participants must:

1. a. Provide proof of liability insurance;
2. b. Use a motorcycle that meets all requirements in Colorado for operation on Colorado highways; and c. Wear a helmet which meets or exceeds U.S. DOT motorcycle safety standards, eye protection, long sleeved shirt or jacket, gloves, long legged pants, and sturdy boots or shoes that cover the ankle whenever sitting upon a motorcycle which has the engine running.

10. All courses shall include evaluation of the student's knowledge and skill relating to operation of the motorcycle. To successfully complete the Basic Rider Course the student shall:

1. a. Pass a written knowledge test;
2. b. Pass an on-cycle skill test.

11. To successfully complete the Basic Course or the Advanced Course the student must also:

1. a. Attend the entire course of instruction; and b. Consistently demonstrate behavior during on-cycle instruction that does not endanger the safety of the student, other course participants or the instructional staff and/or that does not intentionally damage course equipment.

12. All Program Instructor Preparation class for the Basic Course and the Advanced Course shall provide instruction that meets and/or exceeds recognized curriculum standards; such instruction shall include theoretical, practical and student teaching experience in motorcycle safety and education instructional theory and techniques.

1. a. Classroom training shall include, but not be limited to:
   1. i. Training curriculum development;
   2. ii. Classroom teaching techniques;
   3. iii. Teaching the classroom curriculum;
   4. iv. Range teaching techniques including evaluation, coaching and range management;
   5. v. Test administration.
2. b. Instruction for teaching on-cycle skills shall include, but not be limited to:
   1. i. All skills detailed in the basic course curriculum;
   2. ii. Teaching the practical on-cycle curriculum;
   3. iii. Practice of evaluation, coaching and range management techniques.
3. c. The student teaching phase shall require that each Program Instructor candidate, teach a minimum of one half hour classroom lesson and one half hour range lesson to a class of novice students; peer teaching is not an acceptable substitute for student teaching.
4. d. Program Instructor candidates in the Program Instructor Preparation Class for the Basic Course and the Advanced Course shall pass the following to successfully complete the course:
   1. i. A knowledge test with eighty percent of the questions answered correctly;
   2. ii. An on-cycle skill test, scoring no more than fifteen overall penalty points and no more than eight penalty points in any single exercise of the final skill test used in the Basic Course and the Advanced Course;
   3. iii. A minimum of one classroom and one range student teaching assignment and taught to novice students: more than one overall failure in either teaching assignment constitutes failure of the course;
   4. iv. Attend the entire course of instruction; and v. Consistently demonstrate behavior during on-cycle instruction that does not endanger the safety of other course participants or the instructional staff and/or that does not intentionally damage the course equipment.
5. e. No Program Sponsor or Program Instructor shall conduct, offer, or instruct a Motorcycle Operator Safety Training Course for the Program other than motorcycle safety training courses approved by CDOT.
6. f. All Program Sponsors and Program Instructors shall comply with the following requirements concerning Program course instructions:
   1. i. The student to Program Instructor ratio for classroom instruction shall not exceed 24 students per Program Instructor;
   2. ii. The student to Program Instructor ratio for on-cycle instruction shall conform to the ratio prescribed or allowed by a CDOT approved curricula.
   3. iii. Each individual student shall have an operating motorcycle for use during the entire on-cycle portion of the training.

IX. Motorcycle Requirements A. The Program Sponsor or Program Instructor shall reject any motorcycle for use in the Program if it fails to meet the requirements of this section or if, in the judgment of the Sponsor, the motorcycle is unsafe for the rider, a Program Instructor, another student, or for any other person permitted in the riding area. A motorcycle may be deemed unsafe because of modification, damage, lack of maintenance, nonstandard configuration, or any other substantial safety reason.

B. A student may use his own motorcycle if the student provides proof of ownership and meets the requirements of section IX.A.

C. A student may use a borrowed motorcycle if the student can show written permission of the owner to use the motorcycle in the course and meets the requirements of section IX. A. and B.

D. A motorcycle with an engine displacement of over 350 cc:

1. Shall not be used in a Basic Course; and 2. May be used in an Advanced Course only if it meets all other requirements of this section.

E. Except for reasonable wear and tear, the Program Sponsor is responsible for the repairs and maintenance of all motorcycles, including replacement of tires. The Program Sponsor shall maintain all motorcycles in safe working condition.

F. The Program Sponsor shall not move any state owned motorcycle from its site to any other Program Sponsor's site without prior written approval by CDOT.

X. Program Range Requirements.

At all times, relevant to the MOST contract, the Program Sponsor shall:

A. Have available a range which meets or exceeds the applicable CDOT approved curricula standards. There may be more than one approved range at each site.

B. Provide a diagram of each range and a map showing a layout of ranges on the site to MOST for approval. Any changes or adjustments to the range area or exercises must be diagrammed and approved in writing by MOST prior to use.

C. Assure that all range markings are clearly visible during training.

D. Use a range whose surface is paved and free of potholes and other hazards.

E. Secure the range from other traffic and pedestrians.

F. Inspect the range prior to each training session to assure that it is free from gravel, broken glass, and other hazards that would impair the student's safety.

G. Not allow spectators and visitors on the range during any instruction, but they may observe from a safe distance.

XI. Quality Assurance A. Sponsors and Instructors shall be subject to periodic quality assurance reviews, by or on behalf of MOST, to assure compliance with all applicable MOST statute, Rule requirements, and contract terms. Every Program Sponsor will be subject to a Quality Assurance review at least once a year.

B. Program Sponsors and Program Instructors shall fully comply with all such reviews and shall participate in such reviews as directed by CDOT.

C. CDOT may require that Program Sponsors and Program Instructors perform and complete appropriate action(s) to correct any lack of compliance with such requirements.

D. Quality Assurance reviews will include, but not be limited to:

1. Range compliance with the approved diagram and map, and clarity of markings;

2. Adequate classroom and equipment;

3. Students and Program Instructors wearing proper protective gear while on the range;

4. Range exercises are being properly demonstrated;

5. Program Instructors are in the proper location for the exercise;

6. The Program Instructor follows the curriculum;

7. The Program Instructor uses proper coaching techniques;

8. The motorcycles are in good, safe working condition;

9. Range-aides are performing only non-instructional functions.

E. All Quality Assurance reviews will be documented on the appropriate CDOT form. The review will clearly indicate any non-compliance with applicable MOST statute and Rule requirements and contract terms and what corrective action is being required to ensure compliance.

F. CDOT will contact the Program Sponsor and/or Program Instructor and discuss the results of the Quality Assurance review. CDOT is authorized to remedy any deficiencies shown by the review. Corrective action will be scheduled as directed by CDOT to bring deficiencies into compliance with the Rules and Regulations and contract. Program Sponsors and/or Program Instructors shall implement and complete corrective action as directed by CDOT.

G. CDOT may conduct a follow up Quality Assurance Review to ensure compliance.

XII. Program Funds and Contract Procedures A. CDOT may, in the Branch Manager's discretion, use the Motorcycle Operator Safety Training Funds to establish, implement, and administer the Program, and to participate in eligible costs of the Program. Such costs may include, but are not limited to the following:

1. The administrative costs directly related to the Motorcycle Operator Safety Training Program, including personal services cost, operating costs, capital equipment costs, and travel costs in accordance with applicable state law and fiscal rules, but in no event shall the office expend more than fifteen percent of the total cost of the program for administrative costs .

2. The full or partial reimbursement of a portion of the actual costs incurred by a Program Sponsor which are directly related to implementing a certified motorcycle operator safety training course or administering a certified motorcycle operator safety training course, including personal services costs, operating costs, capital equipment costs, tuition costs, training material costs, and facilities costs;

3. The reimbursement of costs directly related to the training of individuals for qualification as certified Program Instructors;

4. The payment of costs to advertise and promote the Program which CDOT determines is necessary to implement and maintain the Program;

5. Costs which CDOT determines are necessary to obtain additional Program Instructors and/or sponsors;

6. Operating costs and capital equipment costs including, but not limited to motorcycles, workbooks, student supplies and Program Instructor supplies;

7. Costs of conducting and administering motorist awareness programs.

B. CDOT will participate in specific program costs only to the extent expressly agreed to by CDOT in the contract with each individual program sponsor. Such participation will be at the discretion of the Branch Manager and will be determined in accordance with the contract procedures described in section XII. C.

C. The Branch Manager or such person as designated by the Branch Manager will contract as necessary, in accordance with the following procedure, with Program Sponsors to provide Motorcycle Operator Safety Training Courses to the public and, 1. Will annually request each Program Sponsor to submit a written proposal to CDOT detailing the tuition cost per student the Sponsor will charge for providing the Motorcycle Operator Safety Training Courses and where the training will take place;

2. Will conduct discussions and negotiations with each Program Sponsor submitting a proposal concerning the location of training, proposed training costs, CDOT's participation in such costs, contract conditions, and the ability of that Sponsor to provide the Program in accordance with the Rules;

3. May enter into a contract with each Program Sponsor to provide the Motorcycle Operator Safety Training Courses on terms and conditions which the Branch Manager, at his/her discretion, determines necessary and reasonable to implement the Program, including the extent of CDOT participation in training costs and the maximum cost to be charged by the Sponsor to the students for the training. The contract(s) may be for a maximum term of one year, subject to the availability of monies in the Fund on a fiscal year basis. The contract(s) may be renewed by CDOT, at the discretion of the Branch Manager, provided, however, that the written proposal and discussion procedure described above must be adhered to prior to any contract or renewal to establish necessary contract conditions, including the extent of CDOT cost participation for the Program;

4. Will use monies from the Fund to pay for a portion of the tuition cost per student charged by the Sponsor for the Program training, and may use Fund monies to participate in other Program costs, as authorized by the Rules and as described in the contract. The actual amount of the portions of the Program costs to be paid by CDOT from the Fund will be determined each year by the Branch Manager, at his/her discretion, based upon all relevant factors including, but not limited to: the total amount of monies in the Fund which are available for training in that fiscal year; the total number of students anticipated to enroll in the Program in that fiscal year; the need of Sponsors for assistance with related costs; other financial needs of the Program;

5. The actual amount to be paid by CDOT to a Sponsor for a portion of the training costs per year shall be expressly described in the contract between CDOT and the Sponsor. CDOT will pay such amount(s) directly to the Sponsor, in accordance with the terms of the contract, after the Sponsor submits appropriate documentation to CDOT showing that each student for which partial payment is requested has registered and appeared for the course of training currently approved and prescribed by CDOT. The payment obligation of CDOT for such training shall be limited to the amount(s) expressly described in the contract, subject to the availability of funds; the student shall be responsible for the remainder of the tuition cost charges by the Sponsor;

6. This contract procedure is necessary to ensure that the Fund be used to decrease the cost to the student thereby, make such training more accessible and increase the number of students that are able to afford such safety training. This procedure is also necessary to comply with the purpose of the Statute and to obtain as much competition for such training services as is practicable in order to protect the public interest;

7. All contracts or agreements by or between the Program Sponsor and CDOT shall be prepared by CDOT in accordance with existing State of Colorado procurement contracting procedures and the contract shall include the following:

1. a. Responsibilities of the contractor;
2. b. Responsibilities of the CDOT;
3. c. A statement indicating the agreed contract price per student for reimbursement;
4. d. A statement indicating any additional allowable costs for reimbursement; and e. Any terms and conditions required by Colorado law.

8. The effective date of the contract shall be the date of execution by the State Controller;

9. If the Program Sponsor or Program Instructor incurs any expenditure prior to the effective date of the contract, the Sponsor or Program Instructor shall be solely responsible for such expense and it shall not be reimbursable under the contract. XIII. Denial, Suspension, and Revocation of Certification The MOST Program Sponsor and/or Program Instructor, as applicable, will be notified of any denial suspension, revocation, or re-certification actions. Certification as a Program Sponsor or as a Program Instructor may be immediately suspended, pursuant to the provisions of Section 24-4-104 (4), C.R.S. CDOT may also deny, suspend, or revoke the certification of the Program Sponsor or Program Instructor for any action or omission which violates the purposes, scope, or terms of the Statute or the Rules, including:

A. Failure to meet or to continue to meet the requirements of Sections III. and IV. (Sponsor) or Sections V. and VI. (Program Instructor).

B. Have been convicted of any:

1. Offense involving tampering with a government record;

2. Offense pursuant to 43-5-503 (3) C.R.S. Program Instructor Requirements and Training.

1. a. Knowingly present or allow to be presented to CDOT any false or misleading information relating to a requirement for certification or compliance with the Rules.
2. b. Permit or engage in any fraud or fraudulent practice concerning an application for a motorcycle license or permit.
3. c. Knowingly or recklessly disregard, change or fail to comply with any requirements of the rules or other applicable law regarding motorcycle operator safety training.
4. d. Obtained program certification based on false or incorrect information or mistake.
5. e. Have had their driver's license revoked or suspended by Colorado or any other state within the three year period preceding the date of application.
6. f. Have been convicted of any traffic offense which is assigned eight or more points and which was committed within the three years preceding the date of application.
7. g. Have engaged in harassing or offensive behavior with students or other Program Sponsors or Program Instructors.
8. h. Failure of Program Instructor to attend one scheduled Program Instructor Update class each year without a written exemption approved in advance by CDOT, as described in Section VI. E.
9. i. Program Sponsors and/or Program Instructors who do not comply with the corrective action directed by CDOT shall have their certification denied, suspended, or revoked.

XIV. Notice and Hearing Requirements Any denial, suspension, or revocation of the certification for a Program Sponsor or Program Instructor required by the Rules shall be subject to the applicable notice and hearing provisions of Sections 24–4- 104 and 24-4-105 C.R.S. of the Administrative Procedures Act.

XV. Reinstatement Standards for Program Sponsors and Program Instructors A. In an appropriate case, CDOT may reinstate a Program Sponsor or Program Instructor whose certification has been revoked or suspended.

B. The CDOT Branch Manager will make the determination whether a particular case is appropriate for reinstatement.

C. In making that determination, the CDOT Branch Manager may consider all relevant circumstances, including the performance and satisfactory completion of any remedial action(s) required by CDOT.

D. In addition to the above provisions, in order to be reinstated as a Program Instructor, the Program Instructor will be required to attend a Program Instructor Preparation Class, or at a minimum attend remedial training as prescribed by CDOT. The Program Instructor must successfully complete the appropriate test requirements.

E. In addition to the above provisions, in order to be reinstated as a Program Sponsor the Sponsor must have qualified and certified Program Instructors to be considered for reinstatement. _____________________________________________________ Editor’s Notes History Entire Rule eff. 4/30/2007