Section 115.07. On-site inspections and audits.

 

(1)  A new applicant for third party tester authority shall allow the FMCSA or the department, or both, to inspect and audit its operations, facilities and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified to be granted authority.

(2)  A third party tester who has been granted authority shall allow the department or FMCSA, or both, to inspect and audit its third party testing program to determine whether it remains in compliance with this chapter.

(3)  The department or FMCSA, or both, may perform inspections and audits at any time with or without prior notice to the third party tester.

(4)  Inspections and audits shall be conducted at least biennially and shall include an examination of all of the following:

(a) Records relating to the third party testing program.

(b) Evidence of compliance with the FMCSR, Wisconsin statutes and this chapter.

(c) Skills testing procedures, practices and requirements.

(d) Vehicles used for testing.

(e) Qualifications of third party examiners.

(f) Effectiveness of the CDL skills test program which shall be determined by any of the following means:

1. Having department employes take the CDL skills tests actually administered by the third party examiner.

2. Retesting a sample of drivers who were examined by the third party.

3. Having department employees' co-score along with the third party examiner during CDL skills tests.

(g) Any other aspect of the third party tester's operation that the department determines is necessary to verify that the third party tester meets the requirements of this chapter.

(5)  The department shall prepare a written report of the results of each inspection and audit. A copy of the report shall be provided to the third party tester.

History: Cr. Register, December, 1990, No. 420 , eff. 1-1-91; CR 15-065 ; am. (1) to (3), (4) (intro.), cr. (4) (f) 3. Register August 2016 No. 728 , eff. 9-1-16.