(a)  All applicants for a Third Party Tester Certificate shall permit the FHWA or the Division 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 certified.

(b)  Third Party Testers who have been certified shall permit the Division or FHWA to periodically inspect and audit its Third Party Testing program to determine whether it remains in compliance with the certification requirements.

(c)  The Division and FHWA will perform inspections and audits with or without prior notice to the Third Party Tester.

(d)  Inspections and audits will include, at a minimum, an examination of:

(1)           Records relating to Third Party Testing program;

(2)           Evidence of compliance with the FMCSR's;

(3)           Skills testing procedures practices and operations;

(4)           Vehicles used for testing;

(5)           Qualifications of Third Party Examiners;

(6)           Effectiveness of the skills test program by either testing a sample of drivers who have been issued skills test certificates by the Third Party Tester or having Division employees take the skills tests from a Third Party Examiner; and

(7)           Any other aspect of the Third Party Tester's operation that the Division determines is necessary to verify that the Third Party Tester meets the requirements for the certification.

(e)  The Division will prepare a written report of each inspection and audit report of the results of each inspection and audit.  A copy of the report will be provided to the Third Party Tester.


History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990;

Amended Eff. December 1, 1993.