Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

In the matter of the adoption of New Rules I through XI pertaining to the third-party CDL skills testing program and the amendment of ARM 23.3.502 pertaining to commercial driver's license testing

)

NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

TO: All Concerned Persons

1. On October 4, 2018, at 10:00 a.m., the Department of Justice will hold a public hearing in the auditorium of the Department of Public Health and Human Services, 111 North Sanders, at Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules.

2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Justice Motor Vehicle Division no later than 5:00 p.m. on September 20, 2018, to advise us of the nature of the accommodation that you need. Please contact Michele Snowberger, Department of Justice Motor Vehicle Division, 302 North Roberts, P.O. Box 201430, Helena, Montana, 59620; telephone (406) 444-1776; fax (406) 444-2086; or e-mail [email protected].

3. The rules as proposed to be adopted provide as follows:

NEW RULE I THIRD-PARTY CDL SKILLS TESTING PROGRAM ELIGIBILITY (1) Entities as described in 61-5-118, MCA, are eligible to apply and enter into an agreement with the division to conduct skills testing for CDL applicants.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE II ACCEPTANCE OF THIRD-PARTY CDL SKILLS TESTING RESULTS (1) The division will accept CDL skills test results conducted by division-trained and certified third-party testing examiners who work for a Montana certified third-party testing program.

(2) The division will accept valid testing results to satisfy an applicant's CDL skills tests as required under 49 CFR 383.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE III THIRD-PARTY CDL SKILLS TESTING PROGRAM APPLICATION (1) Eligible entities must submit an application stating their desire to become a third-party CDL skills testing program.

(2) The applicant must:

(a) be an eligible third-party CDL skills testing program entity;

(b) provide the applicant's name, physical, mailing, and e-mail addresses, and phone number;

(c) provide a representative's name, physical, mailing, and e-mail addresses, and phone number who will represent the applicant during the application process;

(d) provide the location of the CDL skills testing and recordkeeping facilities. The facilities must be located within the state of Montana. The facilities where testing occurs must meet the standards of [NEW RULE VI]. The facilities where records are maintained must meet the standards of [NEW RULE VI];

(e) give a statement that, at the time of the agreement, the applicant will:

(i) cooperate with the division at all times, including inspection of facilities, auditing, and testing;

(ii) carry comprehensive commercial general liability insurance with limits of a minimum of $1 million per occurrence for personal injury or property damage;

(iii) carry auto liability insurance if the testing program provides vehicles used in testing. The limits must not be less than $1 million per occurrence for personal injury and property damage;

(iv) post a surety bond of $10,000 to cover the costs associated with re-testing applicants who may have been improperly tested by a third-party CDL skills test examiner, or if skills test results were fraudulently obtained;

(v) comply with federal regulations, Montana state law, the Administrative Rules of Montana, and the division's policy and procedures governing the third-party CDL skills testing program;

(vi) pay the initial and renewal certification fees for a third-party CDL skills testing program and its examiners as outlined in 61-5-118, MCA;

(vii) only allow third-party CDL skills test examiners who have been trained and certified by the division as outlined in [NEW RULE VII];

(viii) comply with all federal and state nondiscrimination statutes, rules, and regulations;

(ix) provide workers' compensation as required under state law for employees covered under the agreement;

(x) implement all necessary administrative, technical, and physical safeguards to prevent unauthorized use or disclosure of personally identifiable information in accordance with all applicable federal and state privacy protection requirements;

(xi) agree to use the CSTIMS to schedule and record CDL skills test results; and

(xii) use approved road test tablets to conduct and record CDL skills tests.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE IV THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT AND CERTIFICATION (1) The division administrator or designee is authorized to enter into an agreement and certify qualifying third-party CDL skills testing programs and to renew third-party CDL skills testing programs.

(2) Upon receipt of an application for certification or renewal, the administrator or designee must review the application for completeness.

(3) If the application is incomplete, the division administrator or designee may either:

(a) contact the applicant to request missing information. The applicant has 20 days to give the requested information or the division administrator or designee must deny the application; or

(b) return the incomplete application to the applicant with a notification to resubmit a completed application.

(4) If the application is complete, the third-party CDL skills testing program may pay the fees as outlined in 61-5-118, MCA, and enter into an agreement with the division.

(5) When all requirements are not met, the division shall deny the application and send a written notification of denial to the applicant by certified mail return receipt requested.

(6) Upon payment of the fees outlined in 61-5-118, MCA, and receipt of a signed agreement between the division and the third-party CDL skills testing program, the division will send a third-party CDL skills testing program certification to the applicant by certified mail return receipt requested.

(7) If an application is denied, the applicant must wait 90 days before submitting a new application.

(8) A certification is effective from the date stated on the letter and is valid for three years or until it is surrendered, decertified, or revoked.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE V THIRD-PARTY CDL SKILLS TESTING PROGRAM AGREEMENT (1) The third-party CDL testing agreement must outline the requirements for the division and the third-party CDL testing program, including the certification requirements of [NEW RULE VI through NEW RULE XI].

(2) The third-party CDL testing program agreement must be signed by the division administrator or designee and the third-party CDL skills testing program owner or designee.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE VI THIRD-PARTY CDL SKILLS TESTING PROGRAM CERTIFICATION (1) In order for a third-party CDL skills testing and recordkeeping facility to obtain and maintain division-approved certification, the facility must have, at a minimum, the following:

(a) a testing course approved by the division to conduct the same CDL skills test as conducted by state CDL skills test examiners, including:

(i) an area of sufficient size to conduct the vehicle inspection component of the CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual;

(ii) a testing course of sufficient size to conduct the required parts of the basic control skills test component of the CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual; and

(iii) a road test route that will meet all the minimum scoring requirements as outlined in AAMVA's 2005 CDL Examiner's Manual.

(b) a location to securely store all required records and documentation. The facility must have controls protecting all testing material, including all AAMVA testing documents, the road test tablets, testing results, forms, and reports. Testers are prohibited from publishing/distributing any materials relating to the CDL testing model to unauthorized persons or from publishing these materials to any public domain (in any format).

(2) The facility must obtain and maintain a road test tablet solution that has been tested and approved by the division. The tablets must interface with CSTIMS which requires the tablet solution to pass structure testing with AAMVA before it can be approved by the division.

(3) The facility must be made available to state and federal personnel for scheduled and unscheduled review during normal business hours.

(4) The facility must provide proof of liability insurance and a surety bond as described in the third-party CDL skills testing program's agreement.

(5) The facility must pay the following non-refundable third-party CDL skills testing program fees to the division:

(a) an initial or new certification fee in the amount outlined in 61-5-118, MCA.

(b) a three-year renewal fee in the amount outlined in 61-5-118, MCA.

(6) Only division-trained and certified CDL skills test examiners are allowed to conduct CDL skills tests.

(7) The facility must maintain a driver qualification file as outlined in 49 CFR 391.51 on all CDL skills test examiners.

(8) The facility must have a signed third-party CDL skills testing agreement with the division.

(9) The division cannot certify a third-party CDL skills testing program until an agreement is signed and the fees outlined in 61-5-118, MCA, are paid to the division.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE VII CERTIFICATION FOR EACH THIRD-PARTY CDL SKILLS TEST EXAMINER (1) Third-party CDL skills test examiners must meet the following minimum requirements:

(a) pass a fingerprint-based background check paid for by a third-party CDL testing entity. The results must be kept on file for review by the division or federal representative. The following events are disqualifying factors for a person to be a CDL skills test examiner:

(i) any felony conviction within the last ten years; or

(ii) any conviction involving fraudulent activities.

(b) hold a valid Montana CDL with the class equivalent to, or higher than, the class of vehicle applicants are being tested for.

(c) meet the medical standards outlined in 49 CFR 391.43. A CDL skills test examiner who is unable to fully meet the medical standards under 49 CFR 383.43 may still be certified if they can meet the state medical standards under ARM 23.3.506 and apply for a Montana medical certificate under ARM 23.3.507.

(d) submit a driving record from each state where the examiner has been licensed for the past ten years.

(e) an examiner cannot be certified if any of the following events have occurred:

(i) serious traffic violation as defined in 49 CFR 383.51 within the last three years;

(ii) major offense as defined in 49 CFR 383.51 within the last ten years;

(iii) any disqualifications as defined in 49 CFR 383.51 within the last ten years;

(iv) has ten or more habitual traffic offender points within the last three years; or

(v) a preventable crash involving a fatality or bodily injuries within the last three years.

(f) pay the following non-refundable third-party CDL skills test examiner fees to the division:

(i) initial or new certification fee in the amount outlined in 61-5-118, MCA, which must be paid before the examiner can attend CDL skills test examiner training course conducted by the division; or

(ii) three-year renewal fee in the amount outlined in 61-5-118, MCA, which must be paid before CDL skills test examiner's certificate can be renewed.

(g) obtain and maintain a state CDL skills test examiner's certificate by successfully completing a state-provided CDL skills test examiner training, with required refresher training.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE VIII CONDUCTING THIRD-PARTY CDL SKILLS TESTS

(1) CDL skills tests must comply with the testing standard of 49 CFR 383. The following rules apply to conducting third-party CDL skills tests:

(a) the same CDL skills testing model used by state examiners must be used, including the same instructions and scoring standards.

(b) third-party CDL skills test examiners must be trained and certified by the division.

(i) has a valid driver's license with an image that matches the applicant; and

(ii) has a valid CLP with the proper class, endorsements, and restrictions for the type of commercial motor vehicle being used for the CDL skills test, with an image that matches the applicant and the applicant's driver's license. The CLP must have been issued at least 14 days before the CDL skills test.

(d) an electronic testing tablet approved by the division and successfully passed structure testing by AAMVA must be used to conduct all CDL skills tests, and at minimum record:

(i) applicant information;

(ii) vehicle data;

(iii) CDL skills test examiner's information;

(iv) approved test forms; and

(v) all scoring items and scoring results.

(e) all primary and alternate backing skills test courses and road test routes must be approved by the division.

(f) any changes to any of the skills test courses or road test routes must be pre-approved by the division before a new course or route can be used.

(g) the CDL skills test examiner cannot be the same person that in any way trained or prepared the applicant to be tested for a commercial driver's license, or tested to upgrade their CDL, add a CDL endorsement, or to remove an air brake restriction.

(h) upon receipt of a fee in the amount outlined in 61-5-118, MCA, the division will accept CDL skills tests from the third-party CDL skills testing program and their examiners in lieu of administering its own CDL skills test for CDL applicants.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE IX TEST SCHEDULING, RECORDKEEPING, AND TRANSFERRING CDL SKILLS TEST RESULTS (1) Third-party CDL skills testing programs and their CDL skills test examiners must comply with the testing standard of 49 CFR Part 384.

(2) The examiner must, in CSTIMS:

(a) schedule each test applicant at least two days prior to conducting the initial CDL skills test and follow up CDL skills tests;

(b) confirm applicant CLP has the proper class and endorsements for the applicable test;

(c) record required information of the applicant and the commercial motor vehicle used for the test on the electronic testing tablet;

(d) electronically transfer CDL skills testing results to the division; and

(e) track pass/fail rates for each component must be recorded for each third-party CDL skills test examiner.

(3) The examiner must conduct the three components of the CDL skills test in proper sequence:

(a) first component--vehicle Inspection;

(b) second component--basic control skills test;

(4) The examiner must ensure the applicant uses the same commercial motor vehicle for each component of the CDL skills test.

(5) The examiner must ensure the applicant successfully completed the vehicle inspection component before conducting the basic control skills test component.

(6) The examiner must ensure the applicant successfully completed the vehicle inspection component and the basic control skills component before conducting the road test component.

(7) If an applicant does not successfully complete all components of the CDL skills test, the components that were successfully completed can be banked. The applicant does not have to retake successfully completed components unless their current CLP expires. Banked components cannot be carried over to a new or renewed CLP.

(8) The applicant must wait seven days before being eligible to retake any unsuccessfully completed component of the CDL skills test.

(9) The third-party CDL skills testing program must keep CDL skills testing examiner records, including:

(a) background test results;

(b) a copy of the Montana CDL;

(d) Montana CDL skills test examiner certificate; and

(e) results of all CDL skills tests by component and scoring details.

(10) The third-party CDL skills testing program must maintain all CDL skills tests for a minimum of three years.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE X AUDITING AUTHORITY BY STATE OR FMCSA REPRESENTATIVES (1) Personnel from the division and FMCSA are authorized to conduct scheduled and unscheduled overt and covert audits on third-party CDL skills test programs and CDL skills test examiners as follows:

(a) on-site inspections must be conducted at least twice a year with a focus on irregular test results that allow the division to audit CDL skills tests by any of the following three methods:

(i) covertly take a test using a state employee as a test applicant;

(ii) have a state employee co-score a test to compare test results; or

(iii) retest a sample of drivers.

(b) if an applicant is found not to possess the required skills to operate a commercial motor vehicle, the division may require the applicant to pass a CDL skills test by a state examiner.

(d) inspect CDL skills testing program's operation, facility, basic control skills test site, and road test routes.

(e) inspect CDL skills testing program's vehicles and equipment.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

NEW RULE XI THIRD-PARTY CDL SKILLS TESTING PROGRAM AND CDL SKILLS TEST EXAMINER'S DECERTIFICATION AND RE-CERTIFICATION

(1) The division reserves the right to take prompt and appropriate remedial action against a third-party CDL skills testing program or CDL skills test examiner that fails to comply with state or federal standards for the CDL skills testing program, or with any other terms of the third-party agreement.

(2) The certification of a third-party CDL skills testing program or CDL skills test examiner may be revoked if the examiner:

(a) fails to follow 49 CFR 382, 383, 384, or 391; Title 61, chapter 5, MCA, or [NEW RULE I through NEW RULE XI];

(b) takes fraudulent actions relating to testing activity or recordkeeping;

(d) fails to maintain a bond required by this part;

(e) fails to maintain minimum liability insurance required by this part; or

(f) fails to abide by the third-party CDL skills testing program agreement.

(3) The certificate of a CDL skills test examiner may be revoked if:

(a) the examiner fails to conduct at least ten full skills tests or 30 individual skills test components in a 12-month period beginning on the date the examiner has been certified by the division;

(b) the examiner's Montana CDL has been suspended, revoked, canceled, disqualified, or has expired;

(d) the division has become aware either through an audit or investigation that the examiner has failed to properly conduct or record CDL skills tests.

(3) A third-party CDL skills test examiner may voluntarily surrender their certification and stop conducting skills tests. Any initial or renewal fees will not be refunded.

(4) A third-party CDL skills testing program or CDL skills test examiner may appeal the decertification in writing with the division within 30 days from being notified of the decertification.

(5) A third-party CDL skills testing program or CDL skills test examiner may apply for recertification with the division.

AUTH: 61-5-118, MCA

IMP: 61-5-118, MCA

4. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

23.3.502 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) remains the same, but is renumbered (9).

(2) "CDL skills test" means a test given to applicants for a commercial driver's license and commercial endorsements. A skills test is comprised of the following three components:

(a) vehicle inspection test;

(b) basic control skills; and

(3) remains the same, but is renumbered (1).

(4) remains the same, but is renumbered (14).

~~(9)~~(4) "Classifications." means that each type 1 or type 2 ~~endorsement~~ CDL is classified as to the ~~type~~ class of vehicle authorized to be driven, as follows:

(a) remains the same.

(b) "Class B" authorizes driving any single vehicle in excess of 26,001 1lbs. GVWR, or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR, or any bus which exceeds 26,001 lbs. GVWR and is capable of carrying more than 15 passengers including the driver, and all vehicles under class C and vehicles authorized to be driven with a regular driver's license (Class D);

(c) "Class C" authorizes driving any single vehicle less than 26,001 lbs. GVWR or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR when the vehicle(s) are or must be placarded for hazardous materials under the provisions of 49 C.F.R~~., part~~ 172, or any bus or van in this weight class capable of carrying 16 or more ~~than 15~~ passengers including the driver ~~and any vehicle authorized to be driven with a regular driver's license~~ (Class D).

(5) remains the same, but is renumbered (7).

(5) "Commercial driver's license (CDL)" means a license issued to an individual under or granted by the laws of this state which authorizes the individual to operate a class of a commercial motor vehicle. There are two types of CDLs:

(a) "Type I" allows the operation of a commercial motor vehicle for interstate commerce.

(b) "Type II" allows the operation of a commercial motor vehicle within the state of Montana.

(6) "Commercial learner's permit (CLP)" means a permit issued to an individual under or granted by the laws of this state which, when carried with a valid Class D license, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid.

(8) "Commercial Skills Test Information Management System (CSTIMS)" is an internet-based tool that provides a consistent way to track the scheduling and entry of test results for commercial skills tests by state and third-party examiners.

~~(6)~~(10) "Disqualification" is a status in which the holder of a commercial driver's license is no longer authorized to operate commercial vehicles as provided in 49 C.F.R~~., part~~ 391.

~~(2)~~(11) "Division" means the ~~division of~~ motor vehicles division, unless otherwise specifically stated.

(7) remains the same but is renumbered (12).

~~(8)~~(13) "Endorsement" means an endorsement on a commercial driver's license indicating that the driver meets the qualifications required to operate a commercial motor vehicle that requires special knowledge and skill ~~other than a normal passenger vehicle or light truck~~.

~~(a) "Commercial vehicle operator's endorsements" are issued in two types as follows:~~

~~(i) a "type 1 endorsement" authorizes operation of a commercial motor vehicle in interstate commerce;~~

(ii) a "type 2 endorsement" authorizes operation of a commercial motor vehicle within the state of Montana but does not include vehicles operated solely within the state of Montana which are engaged in "interstate commerce" as defined in 49 C.F.R., part 391.

~~(e)~~(a) "Double/triple endorsement" is a an ~~separate~~ endorsement required of all drivers who pull double or triple trailers ~~and may accompany a type 1 or type 2 endorsement in class A~~.

(b) "Hazardous materials endorsement" is an ~~a separate~~ endorsement required of all drivers who operate a commercial motor vehicle that requires hazardous material~~s haulers and may accompany a type 1 or type 2 endorsement in class A, B or C;~~ placards under the provisions of 49 CFR 172.

~~(d)~~(c) "Passenger endorsement" is a an ~~separate~~ endorsement required of all drivers who carry 16 or more passengers, including the driver, while operating ~~buses as described in item (9) classifications herein, and may accompany a type 1 or type 2 endorsement in class A, B, or C; and~~ a bus or van.

(d) "School bus endorsement" is an endorsement required for all drivers who operate a school bus.

~~(c)~~(e) "Tank endorsement" is a an ~~separate~~ endorsement required of all drivers who transport bulk liquid materials in tanks permanently or temporarily attached to the vehicle with an individual rated capacity of more than 119 gallons and an aggregated ~~but shall not include portable tanks having a~~ rated capacity ~~under~~ of 1,000 gallons or more. ~~The tank endorsement may accompany a type 1 or type 2 endorsement in class A, B, or C;~~

(15) and (16) remain the same, but are renumbered (20) and (21).

~~(21)~~(15) "Federal waiver or exemption" means the waiver or exemption described in ~~federal regulations,~~ 49 C.F.R~~., parts~~ 391.49, and 391.61.

~~(11)~~(16) "Gross Combined Vehicle Weight Rating" (~~abbreviated~~ GCVWR)" means the total of the combined manufacturer's weight ratings, or the total of the combined current registered gross vehicle weights, whichever is greater, of all vehicles operated as a combination unit.

(17) remains the same, but is renumbered (3).

~~(10)~~(17) "Gross Vehicle Weight Rating" (~~abbreviated~~ GVWR)" means the manufacturer's rated capacity for the vehicle in question, or the current registered gross vehicle weight, whichever is greater.

(18) and (19) remain the same, but are renumbered (22) and (23).

~~(12)~~(18) "Hazardous material" means any material listed in the federal Hazardous Materials Tables, 49 C.F.R~~., part~~ 172.

~~(14)~~(19) "Medical certificate" means the medical certificate described in ~~federal regulations,~~ 49 C.F.R~~., part~~ 391.43.

(20) remains the same, but is renumbered (25).

~~(13)~~(24) "Placards, or hazardous materials placards" are defined and required as provided in the federal Hazardous Materials Communications Regulations, 49 C.F.R~~., part~~ 172.

(26) "Third-party CDL skills test examiner” means an individual who has been trained and certified by the division to administer CDL skills tests.

(27) "Third-party CDL skills testing program" means an entity authorized by the motor vehicle division to operate a CDL skills testing program and provide third- party skills test examiner(s) to administer CDL skills tests.

AUTH: 61-5-112, ~~61-5-117~~, 61-5-125, MCA

IMP: 20-10-103, 61-5-102, 61-5-104, 61-5-105, 61-5-106, 61-5-106, 61-5-107, 61-5-108, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-114, 61-5-115, 61-1-116, 61-5-305, 61-5-306, MCA

REASON: The 2017 Montana Legislature adopted Senate Bill 241, which generally authorized the Montana Department of Justice (DOJ) to create a program for third-party skills testing for individuals applying for a Montana commercial driver's license (CDL). The legislation authorized the new program, required that third-party test examiners administer the same tests used by DOJ, allowed DOJ to charge fees for the certification of third-party test examiners and, most importantly, authorized DOJ to adopt rules concerning the certification and monitoring of third-party testing programs and requiring the rules to comply with certain federal regulations. These proposed rules are advanced to comply with that statutory mandate.

New Rule I is proposed to define who is eligible to conduct third-party CDL testing. New Rule II is needed to define who DOJ may accept third-party CDL test results from. New Rule III is necessary to lay out the application process for potential third-party CDL testing entities. New Rule IV is needed to establish the need for third-party CDL testing agreements and certification of testing entities. New Rule V is necessary to lay out the specifics of what is required in third-party CDL testing agreements.

New Rule VI is needed to establish the specific requirements for an entity to become certified as a third-party CDL tester. New Rule VII is necessary to establish the standards which must be met by any individual third-party CDL tester. New Rule VIII is needed to establish the standards for any individual third-party CDL test. New Rule IX is necessary to establish standards for third-party CDL test scheduling, recordkeeping, and transferring test results. New Rule X is needed to provide audit authority for the division and the Federal Motor Carrier Safety Administration. New Rule XI is necessary to define the process for re-certification and decertification of both third-party CDL testing entities and individuals conducting such tests. Finally, ARM 23.3.502 needs to be amended to define terms used in the third-party CDL testing program in general.

5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Michele Snowberger, Department of Justice Motor Vehicle Division, 302 North Roberts, PO Box 201430, Helena, Montana, 59620; telephone (406) 444-1776; fax (406) 444-2086; or e-mail [email protected], and must be received no later than 5:00 p.m., October 5, 2018.

6. Jeffrey M. Hindoien, Department of Justice, has been designated to preside over and conduct this hearing.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 2 above or may be made by completing a request form at any rules hearing held by the department.

8. According to 2-4-302(1)(c), MCA, the division is required to include "an estimate, if known, of: (i) the cumulative amount for all persons of the proposed increase, decrease, or new amount; and (ii) the number of persons affected." The division does not have any historical data to rely on in estimating the amount of fees because this is a new program. The division has received interest in this program and makes the following statement: Each third-party CDL skills testing program is required to pay a certification fee in the amount of $5,000. Each certified third-party skills test examiner is required to pay a fee of $500. Each CDL applicant is required to pay a fee for each successfully completed skills test in the amount of $25.00. The division estimates a minimum of two third-party skills testing programs with a total of four third-party skills examiners for a total of $12,000. The division estimates that 100 CDL applicants will successfully complete a skills test through the third-party skills testing program for a total of $2,500, for a grand total of $14,500.

9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by mail on July 25, 2018.

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption and amendment of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Matthew T. Cochenour /s/ Timothy C. Fox

Matthew T. Cochenour Timothy C. Fox

Rule Reviewer Attorney General

Department of Justice

Certified to the Secretary of State August 28, 2018.