Utah Office of Administrative Rules

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Readopt

Filing ID: 58252

Rule or section number:

R708-21

1. Agency Information

Title catchline:

Public Safety, Driver License

Building:

Taylorsville State Office Building

Street address:

4315 S 2700 W, Suite 2600

City, state:

Taylorsville, UT

Mailing address:

PO Box 144501

City, state and zip:

Salt Lake City, UT 84114-4501

2. Contact Persons

Name:

Phone:

Email:

Kim Gibb

801-556-8198

kgibb@utah.gov

Tara Zamora

801-964-4483

tarazamora@utah.gov

Britani Flores

801-884-8313

bflores@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R708-21. Third-Party Testing

B. Purpose of the new rule or reason for the change:

The Division of Driver License (division) is submitting changes to this rule for implementation of HB 118, passed in the 2026 General Session.

Additionally, the division is making some formatting changes and updates to this rule to add transparency with the program and specify processes the division already has in place.

C. Summary of the new rule or change:

This filing adds a requirement for testers and examiners to submit information regarding applicants for a commercial driver license who either fail to pass or fail to take a skills test due to lack of English proficiency and allows the division to establish an electronic form to facilitate the notifications.

Additionally, there are formatting and renumbering changes made throughout this rule to follow current rulewriting standards.

The division has also added information into this rule that is currently part of the existing certification process to add transparency and clarity.

Specific dollar amounts are currently outlined for surety bond requirements that allow testers to ensure they have an appropriate amount of coverage without over or under paying.

Surety bond information is currently given to each applicant as part of the process and is provided by each applicant to obtain certification as required under 49 CFR Sec. 383.75. The division is seeking to add this information into this rule for clarification and specificity.

A prohibition on the number of testers an examiner can work for has been added to address issues with examiners on probation affecting more than one organization.

The division is requiring applicants to provide a letter from the property owner of the testing locations granting them permission to use the land if the land is not theirs and the applicant is not testing for a government agency.

A requirement for applicants to have a valid commercial driver license (CDL) and three years of driving experience in the United States of America has been added to ensure examiners have a minimum standard of knowledge regarding CDL and driving experience.

Specification regarding the physical nature of CDL skills testing has been added to ensure examiners are aware they are expected to be able to physically maneuver around the vehicle while administering the skills test. The time frame for applying for certification with the division after completion of training has changed from one year to six months.

An allowance for applicants to retest again under certain conditions after failing the initial exam has been added.

A requirement for newly certified examiners to be under a close supervisory period of one year has been added.

Clarification regarding the time between the division's observations of the examiner's skills test to once every two years and been added.

The division added additional responsibilities for designated representatives to include information required to be updated for changes in examiners, an added expectation to assist the division in having examiners and testers adhere to federal and state regulations and to work with the division through probation and performance issues, and security regarding program information.

The division clarified that both test routes and test sites must be approved prior to use, and that examiners are only able to conduct tests in a non-modified vehicle they are licensed to operate.

Added clarification that testers are not allowed to use test scores submitted to the division's web application from other testers to negate completing portions of the skill test, and that examiners cannot test people they have provided training to.

The division removed requirements for examiners to send test score sheets in a sealed envelope and added the requirement for them to submit scores through the division's web application within 30 days.

The division added methods for the division to audit including covert and overt audits of skills tests and requesting records of previous applicants to compare the information entered in the division's web application.

The division added designated representatives to be included in correspondence regarding the finding of audits.

The division added Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act, to the list of items testers and examiners must comply with.

Added issues with data entry into the division's web application as well as change verbiage from conviction of to evidence of fraud, or moral turpitude to grounds of revocation, denial, or refusal to certify.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

HB 118 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule is not expected to have any impact on the state budget because the division will utilize existing resources such as Google Forms to create the method for third-party testers and third-party examiners to report applicants who fail to take or pass a skills exam due to lack of English proficiency.

The other changes to this rule are either current processes the division is seeking to add to this rule, or formatting changes.

B. Local governments:

This rule is not expected to have any impact on local governments because no local governments regulate any process of this rule.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule is not expected to have any impact on any small business because the rule changes required by legislation will utilize existing resources currently in place and require no resources from any small business.

The other changes to this rule are either current process the division is seeking to add to this rule, or formatting.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule is not expected to have any impact on any non-small businesses because the rule changes required by legislation will utilize existing resources currently in place and require no resources from any non-small business.

The other changes to this rule are either current process the division is seeking to add to this rule, or formatting.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule is not expected to have any impact on any person other than small business, non-small businesses, state or local government entities budgets because the rule change required by legislation will utilize existing resources currently in place and require no resources from any persons.

The other changes to this rule are either current process the division is seeking to add to this rule, or formatting.

F. Compliance costs for affected persons:

There are no expected compliance costs associated with this rule.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Department of Public Safety, Beau Mason, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 53-3-104

Section 53-3-407.1

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

11/02/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

11/09/2026

13. Agency Authorization Information

Agency head or

designee and title:

Jimmy Higgs, Division Director

Date:

09/09/2026

R708. Public Safety, Driver License.

[R708-21. Third-Party Testing.

R708-21-1. Authority.

This rule is authorized by Section 53-3-104.

R708-21-2. Purpose.

The purpose of this rule is to establish standards and procedures for Third-party Testers and Third-party Examiners who enter into an

agreement with the State, to administer skills tests to commercial drivers.

R708-21-3. Definitions.

(1) Definitions used in this rule are found in Section 53-3-102.

(2) In addition:

(a) "act involving moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property;

(b) "designated representative" means a person identified by an organization, who is an officer, owner, partner or employee of the

organization and who is authorized by the organization to comply with Third-party Testing Program requirements;

(c) "established business" means any company that has been issued a license by a state, county or city licensing agency to conduct

business;

(d) "probation" means action taken by the department, which includes a period of close supervision as determined by the division;

(e) "revocation" means the permanent removal of certification of a Third-party Tester or Third-party Examiner;

(f) "state" means the State of Utah;

(g) "third-party examiner" means a person who has completed, passed and maintains the required training to administer the skills tests to

commercial drivers; and

(h) "third-party tester" means a person, an agency of this state, an employer, a private driver training facility or other private institution, or

a department, agency or entity of local government with whom the state has an agreement to administer skills tests to commercial drivers.

R708-21-4. Requirements for Application, Certification and Renewal of Certification for a Third-party Tester.

(1) Application for an original or renewal Third-party Tester certification shall be made on a form furnished by the division, and shall

include:

(a) name of Third-party Tester;

(b) address of Third-party Tester;

(d) names of all Third-party Examiners;

(e) addresses of all testing sites;

(f) name of the designated representative; and

(g) copy of business license.

(2) Upon receipt of the application, fingerprint card and required fees, the division shall schedule an appointment with the Third-party

Tester to determine eligibility, establish test routes, schedule instruction and provide forms.

(3) A written agreement shall be made with the state to conduct skills test as required by Federal regulations established in 49 CFR 383.75.

The agreement shall contain the following provisions:

(a) allow the Federal Motor Carrier Safety Administration (FMCSA) or its representative, and/or the division to conduct random

examinations, inspections and audits without prior notice;

(b) allow the division to conduct on-site inspections annually or when deemed necessary by the division;

(c) require all Third-party Examiners receive training approved by the division which requires them to conduct skills tests in compliance

with the FMCSA minimum standards; and

(d) require at least one of the following on an annual basis:

(i) a division representative take the tests actually administered by the Third-party Examiner as if the division representative were a test

applicant;

(ii) the division test a sample of drivers who were examined by the Third-party Examiner to compare pass/fail results; or

(iii) the division co-score along with the Third-party Examiner during CDL skills test to compare pass/fail.

(4) The Third-Party tester shall:

(a) have an established business for a minimum of two years, or employ a Third-party Examiner that has been certified the previous two

years under R708-21-5;

(b) maintain a current business license required by the municipality or county;

(d) require that Third-party Examiners:

(i) administer at least ten CDL skills tests in the year preceding the renewal of the Third-party Tester application; or

(ii) be observed by the division representative administering at least one CDL skills test in the proper manner;

(e) name a designated representative(s) that will sign signature cards for new employees and withdraw the authority of employees that are

no longer certified to test for the company;

(f) not be permitted to engage the service of an employee of the division as an examiner, agent, or employee; and

(g) submit a fingerprint card and a check or money order to the division, made payable to the Utah Bureau of Criminal Identification, to

cover the cost associated with a criminal history background check and FBI check.

(5) Certification shall be valid for a period of 12 months. No later than one month prior to expiration of certification, the Third-party Tester

shall submit a renewal application to the division.

R708-21-5. Requirements for Application, Certification and Renewal of Certification for a Third-party Examiner.

(1) An application for an original or renewal Third-party Examiner certification shall be made on a form furnished by the division, and

shall include the following:

(a) name of Third-party Tester;

(b) address of Third-party Tester;

(d) residential address of Third-party Examiner;

(e) telephone number and email address of Third-party Examiner; and

(f) signature and date of Third-party Examiner.

(2) All Third-party Examiners shall be sponsored by a Third-party Tester, who shall be responsible for all tests administered by the Third-

party Examiner.

(3) An applicant for Third-party Examiner shall comply with the following requirements:

(a) have and maintain a valid driver's license with no suspensions, revocations, cancellations or disqualifications within one year prior to

application;

(b) have at least three years driving experience;

(c) submit a fingerprint card and a check or money order to the division, made payable to the Utah Bureau of Criminal Identification, to

cover the cost associated with a criminal history background check and FBI check;

(d) have the physical strength and agility to physically enter and exit commercial vehicles unassisted;

(e) complete the approved training by the division and pass the final examination with a minimum score of 80%. Third-party Examiners

need to be aware that any training they receive from private or other organizations may require a training fee;

(f) schedule a time, within one year of training with the division representative, to demonstrate his/her ability to perform the skills tests

according to 49 CFR 383.75 (g) and 49 CFR 383.75 (h), in an actual test setting. Upon approval from the division representative, the examiner may

begin testing. Failure to comply with this portion of this certification process will result in the examiner having to complete the approved training as

described in R708-21-5 (3)(e); and

(g) upon completion of training, Third-party Examiners shall be issued a certificate of completion. The division will file and maintain a

copy of the certificate of completion in the Third-party Tester file.

(4) All authorized Third-party Examiners shall be required to sign an agreement verifying that they have read and understand the required

rules and training materials.

(5) Upon application for recertification a Third-party Examiner shall meet the requirements outlined in Subsections R708-21-5(1) through

R708-21-5(4) in addition to the following:

(a) administer at least ten CDL skills tests to different applicants in the year preceding the renewal of the Third-party Tester application; or

(b) be observed by the division representative administering at least one CDL skills tests in accordance with 49 CRF 383.75(g) and 49

CFR 383.75(h).

R708-21-6. Requirements for Designated Representative.

(1) A designated representative is responsible for overseeing the Third-party Tester and Examiners. The designated representative shall be

the liaison between division representatives and Third-party Examiners.

(2) A designated representative shall:

(a) maintain personnel files for all Third-party Examiners assigned to their company;

(b) notify the division in writing within 10 calendar days of any change to a Third-party Examiner driving status;

(d) notify the division in writing within 30 calendar days of a change to a Third-party Tester or Examiners address;

(e) make application for renewal of a Third-party Tester certificate at least one month prior to expiration date;

(f) maintain security of all CDL score sheets and personal data noted on the CDL score sheets;

(g) ensure all CDL test score sheets have been destroyed after 3 years.

R708-21-7. Skills Test Administration.

(1) Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions

provided by the division 49 CFR 383.75, and the AAMVA training manual.

(a) Such instructions include information regarding:

(i) skills test content;

(ii) route selection/revision;

(iii) test forms;

(iv) examiner procedures; and

(v) administrative procedures.

(2) Tests shall be conducted:

(a) on test routes approved by the division;

(b) in a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed, and for which the

Third-party Examiner is qualified to test; and

(3) Third-party Examiners shall test and certify only those CDL applicants who hold a valid Commercial Driver Instruction Permit and

shall ensure adherence to the class, endorsements, restrictions and expiration dates listed on the permit.

(4) All Third-party Testers and Third-party Examiners shall schedule the skills tests on the division's web application at least 48 hours

prior to administering the CDL Skills test.

R708-21-8. Processing CDL Skills Test.

(1) The division shall provide training and allow access to the divisions web service application used for scheduling skills tests and

recording the results of the tests to:

(a) a certified Third-party Examiner; or

(b) a representative of the Third-party Tester that has met the requirements of R708-21-5(3)(c) and the division has reviewed and approved

the results of the fingerprint and FBI background checks.

(2) The division shall supply an approved CDL skills test score sheet to authorized Third-party Testers for use when administering skills

tests. The score sheet shall be filled out correctly and signed by both the Third-party Examiner and driver,

(a) Third-party Testers shall maintain all skill test score sheets for a period of three years after which they must be immediately destroyed

by means of incineration or shred.

(b) Third-party Testers are responsible to ensure the security of all CDL score sheets and personal data collected on the CDL score sheets

and the applicant.

(3) The score sheet shall include the following information:

(a) applicant's name and phone number;

(b) applicant's Utah Driver License number;

(d) Gross Vehicle Weight Rating (GVWR);

(e) vehicle and trailer license plate numbers;

(f) class of license, restriction and/or endorsement tested for;

(g) start time, end time, and date test was administered;

(h) authorized Third-party Examiner name and assigned number;

(i) applicant's signature and date; and

(j) authorized Third-party Examiner's signature and date.

(4) The Third-party Examiner shall document all skills test results on the score sheet.

(5) The Third-party Examiner shall provide the completed skills test score sheet to the driver in a sealed envelope.

(6) The Third-party Examiner or Third-party Tester shall not withhold a passed skills test score sheet from an applicant that has

successfully met the testing requirements.

(7) The Third-party Examiner shall enter the skills test results on the driver's record through the division web application within 48 hours

of the test.

(8) Test results are only acceptable if testing was completed within the previous six months.

(9) The division shall accept the score sheet as proof the driver has completed one or more skills tests.

(10) As a result of the driver not completing or passing the skills test within six months of the original failed or incomplete test, the Third-

party Examiner shall send the score sheet directly to the division representative.

R708-21-9. Inspection and Audit Process.

(1) During inspections the representative(s) designated by the Third-party Tester shall cooperate with the division or federal representative

with respect to on-site inspections.

(2) On-site inspections shall be conducted to verify compliance with FMCSA guidelines and R708-21.

(3) The Third-party Tester shall maintain accurate driver testing records and must be able to furnish them upon request.

(4) Check rides may be made by any designated division representative to verify compliance with the state and federal minimum testing

standards and may consist of:

(a) a division employee taking the skills test as administered by the Third-party Tester as if such employee was a test applicant;

(b) the division administering the skills tests to a sample of drivers who were previously examined by the Third-party Testers to determine

if the check ride results are consistent with the Third-party Tester results; and

(5) A division representative shall prepare a written report of all inspections, check rides and audits. A copy of these reports shall be

maintained by the division for ten years.

(6) The division shall send a renewal letter to the Third-party Tester indicating any problems, concerns or violations found during the audit

with an action plan detailing how to correct the items identified.

R708-21-10. Notification of Accident.

If any Third-party Examiner is involved in an accident during the course of administering a skills test, the Examiner shall notify the

division in writing within five days of the accident. The Third-party Examiner shall submit to the division a copy of the investigating law

enforcement officer's accident report as soon as it is available.

R708-21-11. Advertising.

(1) No advertisement shall indicate in any way that a program can issue or guarantee the issuance of a CDL, or imply that the program can

in any way influence the division in the issuance of a CDL, or imply that preferential or advantageous treatment from the division can be obtained.

(2) No Third-party Tester or Third-party Examiner shall solicit business directly or indirectly, or display or distribute any advertising

material within 1,500 feet of a building in which driver licenses are issued to the public.

(3) No Third-party Tester or Third-party Examiner shall use any department or division logos, letterhead, or license recreations as part of

their advertising.

R708-21-12. Grounds for Revocation, Probation or Denial to Issue or Renew Third-party Tester or Third-party Examiner Certification.

(1) A Third-party Tester or Third-party Examiner may be revoked, denied or placed on probation for any of the following reasons:

(a) failure to comply with any of the provisions of 49 CFR 383.75;

(b) failure to comply with any of the provisions of Section 53-3-407;

(d) falsification of any records or other required information relating to the Third-party Tester program;

(e) commission of any act that compromises the integrity of the Third-party Tester Program Commercial Motor Vehicle Safety Act, 1986;

(f) failure to permit and cooperate with the division or federal representative to inspect the testing routes, testing sites or score sheets

issued to the Third-party Tester; and

(g) conviction of any crime involving dishonesty, deception, theft, or an act involving moral turpitude by a Third-party Tester or Third-

party Examiner.

(2) In determining whether revocation, denial or probation of a certification is appropriate, the division shall consider the third-party tester

or third-party examiners involvement and severity of the violation(s).

(3) If a Third-party Examiner certificate is revoked under the emergency provisions of Section 63G-4-502, and the Third-party Tester

certificate is valid, the Third-party Tester may continue conducting CDL driving skills tests provided:

(a) the Third-party Examiner is no longer employed by the Third-party Tester;

(b) a Third-party Examiner with a valid certificate is employed by the Third-party Tester;

(d) the Third-party Tester is found to not knowingly have allowed a Third-party Examiner to conduct tests that violate state or federal

laws, or any provision of R708-21.

(4) Following cancellation of the Third-party Tester certification, the Third-party Tester shall promptly return all CDL skills test

documents. Documentation includes at a minimum:

(a) CDL Examiner manual;

(b) used and blank score sheets; and

R708-21-13. Adjudicative Proceedings.

(1) All adjudicative proceedings shall be conducted informally as provided in Section 63G-4-202.

(2) The division shall initiate agency action against a Third-party Tester or Third-party Examiner with a notice of agency action in

accordance with Section 63G-4-201.

(3)(a) A Third-party Tester or Third-party Examiner who receives a notice of agency action indicating that the division intends to deny,

suspend or revoke a permit or a certificate, may request a hearing by filing a written request for hearing with the division within ten calendar days

from the date of the notice of agency action.

(b) If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.

(c) A hearing shall be held before the division's hearing officer within 30 calendar days of the day that the division receives the written

request for hearing, unless agreed to by the parties.

(d) At the hearing, Third-party Tester or Third-party Examiner shall have an opportunity to demonstrate why the division should not take

agency action.

(e) The hearing officer shall issue a written decision within ten business days of the hearing in accordance with Section 63G-4-203.

(4) The written decision of the hearing officer shall constitute final agency action and is subject to judicial review in accordance with

Section 63G-4-402.]

R708-21. Commercial Driver License Third-Party Testing.

R708-21-1. Purpose.

This rule establishes standards and procedures for third-party testers and third-party examiners to administer skills tests to commercial

drivers.

R708-21-2. Authority.

This rule is authorized by Sections 53-3-104 and 53-3-407.1.

R708-21-3. Definitions.

(1) Definitions used in this rule are found in Section 53-3-102.

(2) In addition:

(a) "act involving moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property;

(b) "certification" means the evidence of the privilege granted and issued to a third-party tester or third-party examiner under this rule to

administer the skills test on behalf of the state;

(c) "Commercial Skills Test Information Management System or CSTIMS" means the secure, web-based platform developed by the

American Association of Motor Vehicle Administrators to manage the administration of commercial driver's license skills tests. It allows for

monitored scheduling and data transmission of test results to Utah and other states;

(d) "denial" means a determination by the division to refuse to give or grant authority to administer the skills test;

(e) "designated representative" means a person identified by an organization, who is an officer, owner, partner or employee of the

organization and who is authorized by the organization to comply with third-party testing Program requirements;

(f) "established business" means a company that:

(i) has been in continual operation for at least two years;

(ii) has been issued a license by a state, county, or city licensing agency in the state to conduct business; and

(iii) has maintained a permanent structure located within the state, for at least two years, with an address recognized by the U.S. Postal

Service;

(g) "FMCSA" means Federal Motor Carrier Safety Administration;

(h) "probation" means disciplinary action which includes a period of close supervision and evaluation of a program participant as

determined by the division;

(i) "non-modified vehicle" means a vehicle representative of the commercial class and type that has not been altered or modified from the

original manufactured state;

(j) "skills test" means a single test, with three parts, required to determine if an applicant has the knowledge and skills necessary for the

safe operation of a class or type of commercial motor vehicle;

(k) "third-party examiner" means a person employed by a third-party tester who is authorized by the state to administer the CDL skills

tests;

(l) "third-party tester" means a person, including another state, a motor carrier, a private driver training facility or other private institution,

or a department, agency, or instrumentality of a local government authorized by the state to employ skills test examiners to administer the CDL skills

tests; and

(m) "transportation industry" means a business that provides transportation services for people or goods.

R708-21-4. Requirements for Application, Certification and Renewal of Certification for a Third-party Tester.

(1) An individual shall apply for an original or renewal third-party tester certification by submitting an application furnished by the

division.

(2) An individual in Subsection R708-21-4(1) shall also submit to the division:

(a) a copy of the current business license;

(b) an application fee;

(d) a letter from the property owner granting permission to the applicant to conduct skills testing, unless the applicant is the property

owner;

(e) the designated road test narrative;

(f) a fingerprint card for each applicant for the purposes of a background check;

(g) payment for the cost associated with each criminal background check; and

(h) completed applications along with the item in Subsection R708-21-5(3)(c) for each third-party examiner.

(3) The division shall notify the applicant of the time and place for the division to:

(a) determine eligibility for certification;

(b) establish test routes;

(d) schedule instruction; and

(e) provide forms.

(4) The individual shall sign a written agreement provided by the division to conduct skills tests as required by federal regulations.

(5) The division shall ensure the agreement in Subsection R708-21-4(4) contains the following provisions:

(a) allowance for FMCSA or its representative, and the division to conduct random examinations, inspections, and audits without notice;

(b) allowance for the division to conduct on-site inspections annually or when deemed necessary by the division;

(c) a requirement for all third-party examiners to receive training approved by the division, which includes skills tests in accordance with

the FMCSA minimum standards; and

(d) a requirement of at least one of the following on an annual basis:

(i) a division representative takes the skills tests administered by the third-party examiner as if the division representative were a test

applicant;

(ii) the division tests a sample of drivers who were examined by the third-party examiner to compare pass or fail results; or

(iii) the division co-scores along with the third-party examiner during CDL skills test to compare pass or fail results.

(6) The third-party tester shall:

(a) own a business in the transportation industry for a minimum of one year, or employ a third-party examiner that has been certified for

the previous two years under Section R708-21-5;

(b) maintain a current business license required by the municipality or county;

(c) initiate and maintain a surety bond to pay for re-testing in the event the third-party tester or one or more of its examiners is involved in

fraudulent activities related to conducting skills testing of applicants for a CDL in the amount determined by the number of tests conducted in the

previous year, as follows:

(i) $10,000 bond for zero through 100 tests;

(ii) $25,000 bond for 101 through 300 tests;

(iii) $40,000 bond for 301 through 500 tests;

(iv) $60,000 bond for 501 through 700 tests;

(v) $80,000 bond for 701 through 1,000 tests;

(vi) $160,000 bond for 1,001 through 2,000 tests;

(vii) $240,000 bond for 2,001 through 3,000 tests;

(viii) $325,000 bond for 3,001 through 4,000 tests;

(ix) $500,000 bond for 4,001 through 6,000 tests; and

(x) $750,000 bond for 6,001 or more tests;

(d) employ at least one qualified and approved third-party examiner;

(e) require that third-party examiners:

(i) administer at least ten CDL skills tests in the year preceding the renewal of the third-party tester application; or

(ii) be observed by the division representative administering at least one CDL skills test in the proper manner;

(f) name a designated representative who will sign signature cards for new employees and withdraw the authority of employees that are no

longer certified to test for the company;

(h) have and maintain a valid Utah commercial driver license with no suspensions, revocations, cancellations, or disqualifications within

one year before applying;

(i) pay the third-party tester and third-party examiner fee for an original or renewal certification; and

(j) be responsible for all tests administered by each third-party examiner employed by the third-party tester.

(7) A third-party tester who is also a government employee is exempt from Subsections R708-21-4(6)(a) through (c) if they are

administering skills tests within their agency only.

(8)(a) A third-party tester may not employ a third-party examiner after July 1, 2027, if the examiner is currently employed as an examiner

by another third-party tester unless the third-party tester with whom the examiner is employed is a government agency.

(b) A third-party tester who employes a third-party examiner employed with another third-party tester may retain those examiners if they

were employed before July 1, 2027.

(9) The division shall issue a certification to an approved third-party tester that is valid for a period of 12 months.

(10) A third-party tester shall submit a renewal application no later than one month before the expiration of certification.

R708-21-5. Requirements for Application, Certification and Renewal of Certification for a Third-party Examiner.

(1) An individual shall apply for an original or renewal third-party examiner certification by submitting an application furnished by the

division.

(2) Each third-party examiner shall be sponsored by a third-party tester.

(3) An applicant for third-party examiner shall comply with the following requirements:

(a) have and maintain a valid Utah commercial driver's license with no suspensions, revocations, cancellations or disqualifications within

one year before application;

(b) have at least three years driving experience in the United States of America;

(c) submit a fingerprint card and a check or money order to the division, made payable to the Department of Public Safety, to cover the

cost associated with a criminal history background check and FBI check;

(d) have the physical strength and agility to:

(i) enter and exit commercial vehicles unassisted; and

(ii) maneuver around the commercial vehicle while administering the skills test;

(e) complete the approved training by the division and pass the final examination with a minimum score of 80%; and

(f) schedule a time, within six months of training with the division representative, to demonstrate their ability to perform the skills tests

according to 49 C.F.R. Part 383 Subparts (g) and (h), in an actual test setting. Failure to comply with this portion of this certification process will

result in the examiner having to complete the approved training as described in Subsection R708-21-5(4)(e).

(4) Upon approval from the division representative, the examiner may begin administering tests.

(5)(a) The division shall issue a certificate of completion to third-party examiners upon completion of training.

(b) The division shall file and maintain a copy of the certificate of completion in the third-party tester file.

(6) An individual shall retake the approved training if the individual fails the examination in Subsection R708-21-5(3).

(7) The division may allow a second attempt if an individual fails the initial examination, provided:

(a) the sponsoring third-party tester submits a request for a second attempt to a division representative; and

(b) the examination is rescheduled no later than 30 days after the first failed examination.

(8) An individual in Subsection 708-21-5(7) must pass the exam with a minimum score of 80%.

(9) Each authorized third-party examiner shall sign an agreement verifying they have read and understand the required rules and training

materials and will administer tests according to state and federal guidelines.

(10) A third-party examiner shall meet the requirements outlined in Subsections R708-21-5(1) through R708-21-5(3) upon submitting an

application for recertification, in addition to the following:

(a) administer at least ten CDL skills tests to different applicants in the year preceding the renewal of the third-party tester application; or

(b) be observed by the division representative administering at least one CDL skills test in accordance with 49 C.F.R. Part 383 Subparts (g)

and (h) once in a two-year period.

(11) The examiner shall be on probation for one year after the initial certification completion to ensure testing is conducted according to

state and federal regulations and to allow the division to provide additional training to the examiner as needed.

(12)(a) A third-party examiner may not be employed with more than one third-party tester and one government agency as a third-party

tester after July 1, 2027.

(b) A third-party examiner who is employed with more than one third-party tester before July 1, 2027, may retain employment with the

existing third-party testers.

R708-21-6. Requirements for Designated Representative.

A designated representative shall:

(1) oversee the third-party testers and third-party examiners;

(2) be the liaison between division representatives, third-party testers, and third-party examiners;

(3) maintain personnel files for all third-party examiners assigned to their company;

(4) notify the division in writing within ten calendar days of any change to a third-party examiner driving status;

(5) maintain and update all third-party examiners' signature cards;

(6) notify the division in writing within 30 calendar days of a change to a third-party tester or third-party examiner's name, address, or

contact information;

(7) apply for renewal of a third-party tester certificate at least one month before the expiration date;

(8) ensure the third-party examiner and tester adhere to state and federal regulations;

(9) work with division personnel to address problems or concerns regarding testing processes or examiners;

(10) notify the division immediately if an examiner is removed from the company by signing the signature card;

(11) securely maintain and furnish upon request:

(a) the current business license;

(b) the current surety bond;

(d) each division approved road test route narrative;

(e) each approved third-party tester renewal application; and

(f) each CDL skills test scoring sheet administered by the third-party tester for the current year and the past two calendar years; and

(12) ensure the third-party tester does not release copies of the personal identifiable information or material related to the CDL program,

including information obtained for:

(a) scheduling;

(b) skills testing;

(d) compliance with the division's recommendations regarding implementation of the CDL program.

R708-21-7. Skills Test Administration.

(1) Third-party testers and third-party examiners shall conduct skills tests:

(a) in accordance with these requirements and with current test instructions provided by the division 49 C.F.R Part 383.75, and the

AAMVA training manual;

(b) on the test site and test routes approved by the division;

(c) in a non-modified vehicle for which the third-party examiner holds a valid CDL privilege to operate and that is representative of the

class and type of vehicle for which the CDL applicant seeks to be licensed; and

(d) by using division approved content, forms and scoring procedures.

(3)(a) Third-party testers and third-party examiners shall test and certify only those CDL applicants who hold a valid commercial driver

instruction permit.

(b) Third-party testers and third-party examiners shall adhere to the class, endorsements, restrictions, and expiration dates listed on the

permit.

(4) Each third-party tester and third-party examiner shall schedule the skills tests on the division's web application at least 48 hours before

administering the CDL skills test.

(5) Third-party testers may not use skills test scores recorded on the division's web application by a different state or third-party tester in

lieu of administering each portion of the skills test.

(6) Third-party examiners may not administer a skills test to an applicant to whom they have provided skills test training.

R708-21-8. Processing CDL Skills Test.

(1) The division shall provide training and allow access to the division's web service application used for scheduling skills tests and

recording the results of the tests to:

(a) a certified third-party examiner; or

(b) a representative of the third-party tester that has met the requirements of Section R708-21-4, and the division has reviewed and

approved the results of the fingerprint and FBI background checks.

(2) The division shall supply scoring materials to authorized third-party testers for use when administering skills tests.

(3) Each third-party examiner shall:

(a) ensure the score sheet is complete, filled out correctly, and signed by both the third-party examiner and the applicant; and

(b) submit the completed skills test score to the division within 30 days of completion of the testing through CSTIMS.

(4) Each third-party tester:

(a) shall maintain each skills test score sheet for a period of three years, after which they must be immediately destroyed by incineration or

shredding;

(b) is responsible to ensure the security of each CDL score sheet and the personal data collected on the CDL score sheets of the applicant;

and

(c) shall enter the skills test results on the driver's record through the division's web application within 48 hours of the test.

(5) The third-party examiner or third-party tester shall not withhold a passed skills test score sheet from an applicant who has successfully

met the testing requirements.

(6) The division shall only accept test results if testing was completed within the previous six months.

(7) The division shall accept the results entered through the division's web application as proof the driver has completed one or more skills

tests.

(8) Each third-party examiner shall send the score sheet directly to the division representative if a driver does not complete or pass the

skills test within six months of the original failed or incomplete test.

R708-21-9. Inspection and Audit Process.

(1) The designated representative tester shall cooperate with the division or federal representative during on-site inspections.

(2) The division or a federal representative shall conduct on-site inspections to verify compliance with FMCSA guidelines and this rule.

(3) The third-party tester shall maintain accurate driver testing records and furnish them upon request.

(4) The division may verify results of skills testing to ensure compliance with the state and minimum federal testing standards by:

(a) having a division employee take the skills test as administered by the third-party tester as if the employee was a test applicant;

(b) administering the skills tests to a sample of drivers who were previously examined by the third-party examiner to determine if the

results are consistent with the third-party examiner results;

(d) a division employee:

(i) covertly or overtly monitoring a skills test performed by the third-party examiner;

(ii) requesting the records of drivers who were previously examined to compare with the information entered on CSTIMS; or

(iii) conducting a pre-scheduled or unannounced site audit.

(5) The division shall:

(a) prepare a written report of each inspection and audit; and

(b) keep a copy of written reports for ten years.

(6) The division shall send a renewal letter to the third- party tester or designated representative indicating problems, concerns, or

violations found during the audit.

(7) In addition to the letter in Subsection (6), the division shall include an action plan detailing how to correct the items identified.

R708-21-10. Notification of Accident.

(1) A third-party examiner involved in an accident while administering a skills test shall notify the division in writing within five days of

the accident.

(2) The third-party examiner involved in an accident shall submit to the division a copy of the investigating law enforcement officer's

accident report as soon as it is available.

R708-21-11. Advertising.

(1) A third-party tester or third-party examiner may not:

(a) state that a program can issue or guarantee the issuance of a CDL;

(b) imply that the program can influence the division in the issuance of a CDL;

(d) solicit business directly or indirectly; or

(e) display or distribute advertising material within 1,500 feet of a building in which driver licenses are issued to the public.

(2) A third-party tester or third-party examiner may not use the department or division logos, letterhead, or license recreations as part of

their advertising.

R708-21-12. Notification of Failure to Pass or Failure to Take a CDL Skills Test Due to Lack of English Proficiency.

(1) A third-party tester or third-party examiner shall notify the division if an applicant fails to pass or fails to take a CDL skills test due to

the applicant's lack of English language proficiency.

(2) The division shall supply an electronic form to all third-party testers and third-party examiners to facilitate the notification required in

Subsection R708-21-12(1).

R708-21-13. Grounds for Revocation, Probation or Denial to Issue or Renew Third-party Tester or Third-party Examiner Certification.

(1) The division may suspend, revoke, deny, or place on probation the certification of a third-party tester or third-party examiner for any of

the following reasons:

(a) failure to comply with:

(i) 49 C.F.R. Part 383;

(ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act; and

(iii) this rule;

(b) falsification of any records or other required information relating to the third-party tester program including data entered into the

division's web application;

(c) failure to permit and cooperate with the division or federal representative inspections and audits as required in Subsection R708-21-

4(3);

(d) failure to allow the division or federal representative to inspect the testing routes, testing sites, or score sheets issued to the third-party

tester or third-party examiner during inspections and audits;

(e) failure to accurately schedule and record test information into the division's web application; and

(f) reasonable grounds to believe a third-party tester or third-party examiner has committed:

(i) a felony;

(ii) fraud;

(iii) a crime involving dishonesty, deception, or theft; or

(iv) an act involving moral turpitude.

(2) The division shall consider the third-party tester or third-party examiners' involvement and the severity of the violations when

determining whether suspension, revocation, denial, or probation of a certification is appropriate.

(3) If the division revokes a Third-party Examiner certificate under Section 63G-4-502, and the third-party tester certificate is valid, the

third-party tester may continue conducting CDL driving skills tests provided:

(a) the third-party examiner is no longer employed by the third-party tester;

(b) a third-party examiner with a valid certificate is employed by the third-party tester;

(d) the third-party tester is found to not knowingly have allowed a third-party examiner to conduct tests that violate state or federal laws, or

this rule.

(4) The third-party tester or third-party examiner shall promptly return the CDL skills test documents following cancellation of the

certification, including:

(a) CDL Examiner manual;

(b) used and blank score sheets; and

R708-21-14. Adjudicative Proceedings.

(1) In accordance with Section 63G-4-201, the division shall notify any party in writing of the intent for agency action.

(2) The notice of intent for agency action shall include:

(a) the name of the individual;

(b) a file number or reference number;

(d) the reason and legal authority for the intended action;

(e) the timeframe in which the party may request a hearing;

(f) how the party may request a hearing; and

(g) the action effective date if the party defaults by not requesting a hearing.

(3) The division designates all adjudicative proceedings before the division as informal.

(4) The division may allow a hearing upon request by the individual, but a hearing is not required.

(5) A division supervisor may convert an informal proceeding to a formal proceeding if the conversion will promote efficiency, and public

safety, and not unreasonably increase cost.

(6)(a) The party may send a written request for a hearing within ten days of the letter.

(b) A Utah licensed attorney may request a hearing on behalf of the party by indicating they have been retained for the administrative

hearing.

(7)(a) The division shall grant a hearing when a written request is received within ten calendar days from the date the notice of agency

action is issued.

(b) The division shall send written notice of a hearing at least 14 calendar days before the date of the hearing.

(c) The division may send notice of the hearing to an attorney representing the individual as described in Subsection (6)(b).

(8) The division shall not allow discovery, either compulsory or voluntary.

(9) An individual or attorney seeking information from the division's files shall request access to information in accordance with the Utah

Government Records and Management Act, Title 63G, Chapter 2.

(10) A hearing officer shall schedule a hearing date within 30 calendar days from the day that the division receives the written request for

hearing, unless agreed to by the parties.

(11)(a) The individual may represent themselves or be represented by a Utah licensed attorney in the proceeding.

(b) A business may be represented by the principal owner at the informal hearing or be represented by a Utah licensed attorney.

(12) The division shall issue a written order that constitutes the final agency action within 20 days after the date of the close of the hearing,

or after the failure of a party to appear for the hearing.

(13) The division shall include in the written order:

(a) the decision and reason for the decision;

(b) notice of right to request reconsideration under Section 63G-4-302 within 20 days of the date the order is issued;

(d) notice of right of judicial review under Section 63G-4-402 within 30 days of the date the order is issued.

KEY: motor vehicle safety, inspections

Date of Last Change: 2026[August 8, 2013]

Notice of Continuation: January 14, 2022

Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407; 53-3-407.1; 49 CFR 383.75

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Rule 21: Third-Party Testing