Rules and Regulations

Rules and Regulations for Chapter 375-5-2

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375-5-2-.11 Office Requirements. Amended.

(1) A driver training school and/or limited driver training school shall maintain an office in the following manner:

(a) The license of the school must be conspicuously displayed in a public location.

(b) The school shall permit authorized representatives of the Department of Driver Services to make periodic scheduled and unscheduled inspections of all school facilities. During such inspection, each owner, partner, associate, corporate director, officer, manager, or employee of the school shall cooperate with the Department's representatives and their requests to inspect all records or other documents that are required to be maintained by such school under this Chapter.

(c) The telephone must be used exclusively for the operation of the school.

(d) An indoor classroom, if required, must be enclosed in such a manner that interference by the general public will be minimized. Sufficient indoor space must be provided for the purpose of instruction, to include individual desks or table with chairs to accommodate students comfortably. Classes of instruction are limited to a maximum number of forty students per class unless the Department determines that the space is inadequate for that number of students. In those situations, the maximum number will be calculated on twenty square feet per student and instructor.  The minimum square feet of an indoor classroom must be at least 250 square feet of useable classroom space.

(e) Each school shall be inspected by the respective municipal or county government to ensure that the facilities of such school are in compliance with fire, sanitation, and building requirements in force and effect at the time of the commencement of operations of such school at such location or with the requirements imposed thereafter in conjunction with modifications or improvements previously made to such facilities. Copies of such inspection reports shall be made available upon request to the Department. In addition, the Department shall inspect the designated office space prior to approval of any application submitted to the Department.

(f)  An employee of the school must be available to furnish information of operation or to produce necessary records or documents whenever requested by a member of the Department.

(g) The business office of the school cannot be operated entirely through a telephone answering service or telephone answering machine.

(h) However, the driver training school or limited driver training school telephone number may be answered in an off-site call center, which may answer calls to multiple schools provided that the call center is staffed between the hours of 10:00 a.m. and 4:00 p.m. on weekdays, federal and state holidays excepted, and provided that the call center staff must be able to answer inquiries, furnish information, and schedule students for classes.  The school shall be responsible for notifying the Department of those times during which the business office will be closed for lunch or vacation and of the regularly scheduled hours of operation of the business office.

(i) The owner or operator of a school or designated representative of a secondary school will be permitted to list his or her residence telephone number in any advertisement or on business cards provided such listing specifically states that such number may be called after a designated hour.  The provisions of (i) will not apply for secondary schools without the written approval of the Principal, School Superintendent or Board of Education.
EXAMPLE: If the residence telephone number of the owner or operator is 224-4444, the advertisement must read, `Call 244-4444 after 6:00 p.m.'

(j) Any driver training school and/or limited driver training school may use a telephone number answering service in connection with the school; however, such service must be secondary to the operation of the school and shall be used only when there is no one in the school office to answer the phone.

(k) An employee of the driving training school and/or limited driver training school must be available during the hours of 10:30 to 5:00 p.m. to furnish information of operation, verify attendance to a class, or to produce the necessary records or documents whenever requested by a member of the Department.  The school may close for a lunch hours at a set time upon notice to the Department of the scheduled lunch hour.   Flexibility in the time may be observed as long as the school is open at least six (6) hours per day, at least three (3) hours of which must fall within the period of 10:30 a.m. to 5:00 p.m.

(l) An 800 number or other telephone number may be answered at the principal office provided it is a toll-free call from the county where the classroom is located.

(m) Any school or classroom facility utilized for or approved for the purposes of a driver training school and/or limited driver training school shall comply with the requirements set forth by the Americans with Disabilities Act of 1990, before a permit or license is issued. The owner shall certify to the Department that the facility complies with the Act and its implementing regulations.

(n) Virtual driver training school shall furnish to the department upon request reports of all students attending the virtual program.  Reports must be in the prescribed format of the department.

(o)   Virtual driver training school must provide a “student help desk” for technical support. 

(2)  A school owner may maintain the school office at his or her residence; provided, however, the following terms and conditions are met:

(a)  The school owner certifies to the Department that the office is not in conflict with local zoning laws regulating commercial businesses;

(b)  The school owner certifies to the Department that students will not be allowed at his or her residence at any time for any reason; and

(c)  The school owner certifies to the Department that the office conforms to the requirements set forth in this Chapter.

(3)  No school shall be certified to provide driver training instruction at a private residence.
 

 

Authority: 43-13-4, 43-13-8
Filed Date: 8/24/2010
Effective Date: 9/13/2010