2009 Louisiana Laws TITLE 32 Motor vehicles and traffic regulation :: RS 32:408.1 Third party testing; proof of testing

§408.1.  Third party testing; proof of testing

The Department of Public Safety and Corrections may authorize another state, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government to administer the skills tests as specified herein if all of the following conditions are met:

(1)  The tests given by the third party are the same as those which would otherwise be given by the department.

(2)  The third party has an agreement with the department containing, at a minimum, provisions which:

(a)  Allow the Department of Public Safety and Corrections or its representative to conduct random examinations, inspections, and audits without prior notice;

(b)  Require the Department of Public Safety and Corrections to conduct on-site inspections at least annually;

(c)  Require that all third party examiners meet the same qualification and training standards as Department of Public Safety and Corrections examiners to the extent necessary to conduct skills tests in compliance herein;

(d)  Require that, at least on an annual basis, designated Department of Public Safety and Corrections employees take the tests actually administered by the third party as if said employee were a test applicant, or that the Department of Public Safety and Corrections test a sample of drivers who were examined by the third party to compare pass/fail results; and

(e)  Reserve unto the Department of Public Safety and Corrections the right to take prompt and appropriate remedial action against the third-party testers in the event that the third-party fails to comply with state or federal standards for the commercial driver's license testing program or with any other terms of the third-party contract.

(3)  A driver applicant who takes and passes driving tests administered by an authorized third party shall provide evidence to the state licensing agency that he has successfully passed the driving tests administered by the third party on a form approved by the department.

(4)  Any third party or department employee authorized under the provisions of this Chapter to administer tests to applicants for commercial driver's licenses who falsifies information regarding test results or applicant qualification or who in any way participates in, aids, or abets the fraudulent testing or issuance to an applicant of a commercial driver's license or endorsement thereon shall be liable under this Chapter for civil penalties of not less than five hundred nor more than five thousand dollars per act.  Furthermore, the department may establish procedures to void all transactions and any licenses issued as a result of such falsification or fraud, such procedures to be established pursuant to the Administrative Procedure Act.  Any authorized third party tester suffering a sanction under the provisions of this Chapter shall forfeit his authorized third party testing status and contract and shall not qualify for such status henceforth.

Acts 1989, No. 293, §1, eff. June 27, 1989.