1. (a) Definitions. The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Certified external inspector training school--A privately owned or public institution (Vocational-Technical or state university) certified by the department for the purpose of training applicants to be certified inspectors for the Vehicle Inspection Program in the State of Texas.
   2. (2) Instruction area--A designated space approved by the department for classroom instruction purposes.

2. (b) Application for certification as a certified inspector external training school.

   1. (1) Request for certification. Requests for certification as a certified inspector external training school are initiated by notifying the department Regional Supervisor or his designee by telephone, letter or fax. At that time the applicant will be informed of the minimum certification requirements.
   2. (2) Each application for certification will be investigated by the department.
   3. (3) Approval cannot be granted, nor operation permitted to continue, without full compliance of the minimum certified inspector external training school requirements.
   4. (4) Certified inspector external training school facilities will be inspected for a clean and orderly appearance.
   5. (5) Certified inspector external training schools shall grant free access to representatives of the department for monitoring the conduct of the school, materials used, procedures being used and school records.

   6. (6) Application for a certified inspector external training school certification shall be made on forms supplied by the Department of Public Safety. The application must include the following:

      1. (A) Certification by the applicant that, if a corporation, the franchise taxes owed to the State of Texas under the Tax Code, Chapter 171, are current, or that the corporation is exempt from or not subject to the Texas franchise tax, and
      2. (B) An application fee of three hundred dollars ($300.00) made payable to the Texas Department of Public Safety.
   7. (7) The department will notify the applicant if application is approved. The application fee of three hundred dollars ($300) shall constitute the initial certification fee and a Certificate of Appointment will be issued to the applicant. The initial period of certification expires on August 31st of the odd-numbered year following the date of appointment as a certified inspector external training school. Recertification will be for two-year periods and the certification fee for each such period will be three hundred dollars ($300). All fees shall be submitted by check, cashier's check or money order, made payable to the Texas Department of Public Safety.
   8. (8) The application fee may be waived for public institutions.

3. (c) Instruction areas. Certified inspector external training school instructional areas must meet the following requirements:

   1. (1) located entirely within a building,
   2. (2) provide adequate space for all students attending class to include separate seating and writing space for each student in attendance,
   3. (3) be available and meeting all requirements at any time classes are being conducted,
   4. (4) be clean and well lighted at all times during classroom instructions, and
   5. (5) be separate from normal work area during classroom instruction and shall be free from outside disturbances and distractions.

4. (d) Required Equipment. Certified inspector external training schools must meet the following equipment standards.

   1. (1) All equipment required of a certified inspection station including, but not limited to, such items as approved testing devices, tools, measuring devices, display board, brake machines, and marked brake test area. Certified inspector external training schools that conduct emissions training must have all required equipment for conducting emissions testing.
   2. (2) All equipment necessary to present department approved instructional material.
   3. (3) The owner/operator of the school shall agree to obtain all required equipment for practical testing and all required upgrades of this equipment.
   4. (4) The minimum tools, equipment, and approved testing devices shall be kept and maintained in proper working condition at all times in the instruction area or an area where the practical portion of test is conducted.
   5. (5) All vehicle testing equipment utilized in required instruction shall be approved by the department.

5. (e) School Owner/Operator Responsibilities. The owner/operator of each certified inspector external training school shall be responsible for completing the below listed requirements.

   1. (1) Notifying the department, not less than forty-eight (48) hours before the start of a class, of all required information concerning a class. The notification shall be delivered to the Manager, Vehicle Inspection Records in Austin and the Regional Supervisor of the region or his designee where the school is being conducted. Receipt of this notification by Manager, Vehicle Inspection Records must be validated by the owner/operator. This notification shall be on a form prescribed by the department and include:

      1. (A) student's:

         1. (i) name,
         2. (ii) driver license number,
         3. (iii) date of birth, and
         4. (iv) Social Security number;
      2. (B) times and dates of instruction;
      3. (C) location of instruction; and
      4. (D) name of instructor(s) teaching the class.
   2. (2) Submission of any applicable fees to Manger, Vehicle Inspection Records for the criminal history and driver license checks completed on students in training.
   3. (3) Notifying students of their eligibility status based on the results of the criminal history and driver license check conducted by the department.
   4. (4) Securing all department issued equipment and forms.
   5. (5) Accepting for instruction and testing any and all applicants desiring to be certified.
   6. (6) Insuring, in the case that the school facility is also an inspection station, that vehicle inspection activities take priority over instruction.
   7. (7) Providing an area and equipment for practical training at the school location or having provisions for this training at another location approved by the department.
   8. (8) Notifying the department, within (48) forty-eight hours, of any equipment problems or if they desire to cease conducting classes.
   9. (9) Conducting classes and training only with instructors certified by the department.
   10. (10) Insuring that instruction is in accordance with department rules and regulations.
   11. (11) All records and forms used in conducting training of inspector applicants shall be maintained for a period of one (1) year.

6. (f) Certified Instructor Qualifications.

   1. (1) Each certified instructor must meet all qualifications required of a certified inspector, except that a certified instructor need not be employed by an inspection station.

   2. (2) To become a certified instructor, each applicant must:

      1. (A) complete and submit application on a form prescribed by the department,
      2. (B) submit fee of one hundred dollars ($100) made payable to Texas Department of Public Safety, and
      3. (C) attend and successfully complete a training course conducted or approved by the department.
   3. (3) Every certified instructor shall have a working knowledge of all testing devices used during state vehicle inspections.
   4. (4) Expiration and renewal of instructor certification will follow the same guidelines as used for certified inspectors.
   5. (5) The department may approve authorization for a certified instructor to instruct at more than one school.

7. (g) Certified Instructor Responsibilities. Each certified instructor shall be responsible for:

   1. (1) security of all department issued equipment and forms,
   2. (2) completing all forms required by the department for the certification of students,
   3. (3) obtaining written approval from the department to instruct at additional certified inspector external training schools, and
   4. (4) incorporating any changes or updates to the instructional program as prescribed by the department.

8. (h) Instruction. All instruction in a certified inspector external training school shall be performed by department certified instructors in locations approved by the department.

   1. (1) The certified instructor shall ascertain that all classroom and practical testing will be conducted in accordance with department rules and regulations.
   2. (2) The number of students per class shall not exceed the ratio of students to instructors of twenty-five (25) students to one (1) instructor per class at any time.
   3. (3) All classroom instruction will be conducted in the approved instruction area.
   4. (4) Students shall receive approved classroom instruction for each endorsement certification for which the student has requested (safety, emissions, commercial) and pass a written examination for each with a minimum passing score of (80) eighty.
   5. (5) After passing the written portion of test, each student shall demonstrate proficiency with a practical test appropriate to each endorsement of certification requested (safety, emissions, commercial). During practical tests, each student must demonstrate, without assistance, the ability to conduct a proper inspection, the proper utilization of the required equipment, and adherence to procedures required by the department. The inability to properly conduct testing procedures will constitute a failure of the test.

   6. (6) After completing certified inspector external training school, the instructor will notify students of the following information.

      1. (A) Students are to submit the inspector application, training completion certificate containing all required information signed by the certified instructor, school/owner operator, and the required fee to designated department offices within ninety (90) days after completing the class.
      2. (B) The department will not certify students as certified vehicle inspectors until the process as stated in paragraph (6)(A) of this subsection is completed.
9. (i) Denial, Suspension, and Revocation Procedures. The procedures for notice and review of denial, suspension, and revocation of a certificate of appointment as a vehicle inspection station apply to the review of a denial, suspension, and revocation of certification as a certified inspector external training school certificate of appointment and/or the certified instructor(s).

10. (j) Violations and Penalties.

    1. (1) Schedule of penalties for Certified External Inspector Training School Owner/Operator. The complete operation of a certified external inspector training school shall be the responsibility of the owner/operator. Failure to comply with the appropriate provisions of this section will be considered sufficient cause for suspension of certification privileges. In addition, violators may be subject to criminal prosecution.
    2. (2) Every certified external inspector training school shall be subject to the schedule of penalties and suspension as listed in
       Attached Graphic
       
    3. (3) Schedule of penalties for certified external inspector training school instructor. The instruction and training of each inspector applicant is the responsibility of each certified external inspector training school instructor. Failure to comply with the appropriate provisions of this section will be considered sufficient cause for suspension of instructor certification. In addition, violators may be subject to criminal prosecution.
    4. (4) Every certified external inspector training school instructor shall be subject to the schedule of penalties and suspension as listed in
       Attached Graphic
       
11. (k) Compliance. Certified inspector external training schools and/or instructors are required to comply with all applicable municipal ordinances, state and federal statutes, and rules, regulations, policies and operational procedures of the Texas Department of Public Safety. Failure to comply may constitute grounds for cessation of training, and/or denial, suspension, or revocation of instructor certification.
12. (l) The department, at its discretion, may use certified inspector external training schools for renewal of certified inspectors.

Source Note:The provisions of this §23.62 adopted to be effective January 27, 2002, 27 TexReg 613.