(1) The division may certify certain qualified persons as off-highway vehicle safety instructors. An instructor certified by the division may act in behalf of the division as an agent in:

1. (a) conducting off-highway vehicle safety classes and examinations; and
2. (b) issuing safety certificates.

(2) A certified off-highway vehicle safety instructor shall:

1. (a) successfully complete an off-highway vehicle safety instructor program for the type of vehicle instruction to be given through a program:

   1. (i) of the division; or
   2. (ii) recognized by the division which is conducted by an off-highway vehicle safety organization;
2. (b) be at least 18 years of age and hold a valid motor vehicle operator's license;
3. (c) have no convictions as defined in Subsection 41-6a-501(2) for driving under the influence of alcohol or drugs during the previous five years; and
4. (d) have no convictions for a sexual offense against a minor or a violent crime against a minor.