Each applicant for a third-party tester certificate shall permit the FMCSA or the department to inspect and audit its operations, facilities, and records that relate to its third-party testing program for the purpose of determining whether the applicant is qualified to be certified.

1. (1) Records relating to the third-party testing program;
2. (2) Evidence of compliance with the FMCSRs;
3. (3) Skills testing procedures, practices, and operations;
4. (4) Vehicles used for testing;
5. (5) Qualifications of third-party examiners;
6. (6) Effectiveness of the skills test program by either testing a sample of drivers who have been issued skill test certificates by the third-party tester or having department employees take the skill tests from the third-party examiner; and

7. (7) Any other aspect of the third-party tester's operation that the department determines is necessary to verify that the third-party tester meets the requirements for the certificate.

   The department shall prepare a written report of the results of each inspection and audit and provide a copy of the report of the third-party tester.

Any third-party tester who has been certified shall permit the department or FMCSA to inspect and audit its third-party testing program at least annually to determine whether it remains in compliance with the certification requirements.

The department and FMCSA may perform their inspections and audits with or without prior notice to the third-party tester. The department shall conduct on-site inspections at least annually.

Each inspection and audit must include, at a minimum, an examination of the following:

Source: 16 SDR 88, effective November 16, 1989; 33 SDR 108, effective December 27, 2006; 42 SDR 31, effective September 9, 2015.

General Authority: SDCL 32-12A-48(6).

Law Implemented: SDCL 32-12A-11 , 32-12A-49.

Prior versions effective: 2006-12-27.