1. (1) Personnel from the division and FMCSA are authorized to conduct scheduled and unscheduled overt and covert audits on third-party CDL skills test programs and CDL skills test examiners as follows:

   1. (a) on-site inspections must be conducted at least twice a year with a focus on irregular test results that allow the division to audit CDL skills tests by any of the following three methods:

      1. (i) covertly take a test using a state employee as a test applicant;
      2. (ii) have a state employee co-score a test to compare test results; or
      3. (iii) retest a sample of drivers.
   2. (b) if an applicant is found not to possess the required skills to operate a commercial motor vehicle, the division may require the applicant to pass a CDL skills test by a state examiner.
   3. (c) review any electronic or hardcopy records relating to certification requirements or CDL skills tests; and
   4. (d) inspect CDL skills testing program's operation, facility, basic control skills test site, and road test routes.
   5. (e) inspect CDL skills testing program's vehicles and equipment.

Authorizing statute(s): 61-5-118, MCA

Implementing statute(s): 61-5-118, MCA

History: NEW, 2019 MAR p. 176, Eff. 2/9/19.