§408.1. Third-party testing; proof of testing

            A. The Department of Public Safety and Corrections, public safety services, may contract with or license another state, an employer, a private driver training facility, driver education course provider, or other private institution, or a department, agency, or instrumentality of a local government to administer the skills tests as specified herein if all of the following conditions are met:

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

            (2) The third party has a contract or license with the department to administer skills tests for Class "D" or "E" driver's licenses containing, at a minimum, provisions which:

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

            (b) Require the Department of Public Safety and Corrections, public safety services, to conduct onsite inspections at least annually;

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

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

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

            (3) The third party has a contract or license with the department to administer skills tests for Class "A", "B", or "C" driver's licenses which, at minimum, complies with 49 CFR 383.75. In addition, the third-party tester must initiate and maintain a surety bond in the amount of forty thousand dollars.

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

            C.(1) Any third party or Department of Public Safety and Corrections, public safety services, employee authorized under the provisions of this Chapter to administer tests to applicants for commercial driver's licenses shall not falsify information regarding test results or applicant qualification or in any way participate in, aid, or abet the fraudulent testing or issuance to an applicant of a commercial driver's license or endorsement. Any person who violates this Paragraph shall be liable under this Chapter for civil penalties of not less than five hundred nor more than five thousand dollars per act. Furthermore, the Department of Public Safety and Corrections, public safety services, may establish procedures to void all transactions and any licenses issued as a result of such falsification or fraud, such procedures to be established pursuant to the Administrative Procedure Act. Any authorized third-party tester suffering a sanction under the provisions of this Chapter shall forfeit his authorized third-party-testing status and contract and shall not qualify for such status henceforth.

            (2) A third-party tester or third-party examiner with whom the Department of Public Safety and Corrections, public safety services, has a contract or to whom has issued a license shall administer the skills test for a commercial driver's license or an endorsement on a commercial driver's license in accordance with state and federal statutes and regulations and policies adopted by the Department of Public Safety and Corrections, public safety services, in accordance with such statutes and regulations.

            D. A person or business shall not operate, advertise, or hold oneself or itself out as a third-party tester or a third-party examiner unless such person or business has a current contract with the Department of Public Safety and Corrections, public safety services, to operate as a third-party tester or a third-party examiner or is currently licensed by the Department of Public Safety and Corrections, public safety services, to operate as a third-party tester or a third-party examiner.

            E. The principal of the third-party examiner or tester who has or is seeking a contract with the Department of Public Safety and Corrections, public safety services, to administer commercial or noncommercial driving examinations and tests shall consent to, pass, and pay the costs of a criminal history background check pursuant to R.S. 15:587.

            F.(1) The Department of Public Safety and Corrections, public safety services, may issue a cease and desist order to any person or business operating in violation of this Section. Any such cease and desist order shall be served either by regular mail with a proof of mailing issued by the United States Postal Service, or by hand delivery by a representative of the department. If the cease and desist order is served by mail with proof of mailing, it shall be deemed delivered on the seventh calendar day after the date affixed by the post office on the certificate or proof of mailing. The presumption of delivery in this Subsection shall not apply if the postal service returns the cease and desist order as undeliverable.

            (2) If the person or business subject to the cease and desist order in this Section cannot be served, or does not comply with the cease and desist order, the Department of Public Safety and Corrections, public safety services, may file a petition for injunctive relief as provided in the Code of Civil Procedure in district court. There shall be no suspensive appeal or stay of an order or judgment of the district court granting the Department of Public Safety and Corrections, public safety services, a preliminary or permanent injunction.

            (3) The Department of Public Safety and Corrections, public safety services, may promulgate rules in accordance with the Administrative Procedure Act to implement the provisions of this Subsection.

            Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 2011, No. 294, §2; Acts 2012, No. 455, §2; Acts 2012, No. 751, §1; Acts 2016, No. 293, §1; Acts 2019, No. 216, §1; Acts 2022, No. 347, §2.