00 HOUSE BILL NO. 210 01 "An Act relating to issuance of motor vehicle registrations and titles, and to 02 licenses and permits to operate a motor vehicle." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28 is amended by adding a new chapter to read: 05 CHAPTER 12. THIRD-PARTY REGISTRATION, TITLING, AND TESTING. 06  Sec. 28.12.010. THIRD-PARTY REGISTRATION, TITLING, AND 07 TESTING. (a) The department shall establish a program that authorizes 08  (1) third-party agents to 09  (A) process applications for registration of motor vehicles and 10 issue registration certificates and plates as required under AS 28.10; 11  (B) process applications for certificates of titles and issue 12 certificates of title as required under AS 28.10.201 - 28.10.261; and 13  (C) administer driver's license examinations as required under 14 AS 28.15.081 and issue licenses or permits as provided under AS 28.15; 01  (2) third-party registrars to 02  (A) process applications for registration of motor vehicles and 03 issue registration certificates and plates as required under AS 28.10; and 04  (B) process applications for certificates of titles and issue 05 certificates of title as required under AS 28.10.201 - 28.10.261; 06  (3) third-party examiners to administer driver's license examinations 07 as required under AS 28.15.081 and issue licenses or permits as provided under 08 AS 28.15. 09  (b) The department shall utilize third-party agents, registrars, and examiners 10 to perform the functions described under (a) of this section. A third-party agent, 11 registrar, or examiner must be an individual. An individual may not be or act as a 12 third-party agent, registrar, or examiner unless the individual satisfies the requirements 13 of this chapter and other applicable law and enters into a contract with the department 14 as set out in AS 28.12.120 that specifies the duties of the third-party agent, registrar, 15 or examiner. 16  Sec. 28.12.020. CERTIFICATION OF AGENTS, REGISTRARS, AND 17 EXAMINERS. (a) An application for third-party agent, registrar, or examiner 18 certification shall be filed with the department on a form prescribed by the department. 19  (b) If the department determines that an individual is qualified under this 20 chapter as a third-party agent, registrar, or examiner, the department shall issue to the 21 individual an identification number for electronic record keeping purposes and a 22 certificate indicating the individual is qualified and authorized to perform the functions 23 as provided under AS 28.12.010(a). A third-party agent, registrar, or examiner shall 24 prominently display the certificate in the agent's place of business. 25  (c) A certificate is effective on the date of issuance and expires three years 26 after issuance. A renewal application form must be filed with the department not less 27 than 30 days before the time the certification expires. 28  (d) In reviewing an application submitted by a third-party agent or examiner, 29 the department shall also review the individual's driving record. If the record is 30 satisfactory and the individual is otherwise qualified under this chapter, the prospective 31 agent or examiner shall be scheduled for third-party agent or examiner training. 01  Sec. 28.12.030. REQUIREMENTS FOR THIRD-PARTY AGENTS. The 02 department may not certify an individual as a third-party agent unless the individual 03 meets all of the conditions set out in this section. The individual shall 04  (1) meet all applicable requirements of law; 05  (2) allow the department to conduct random examinations, inspections, 06 and audits of operating facilities and records as provided under AS 28.12.140; 07  (3) allow the department to conduct annual on-site inspections, 08 evaluations, and audits of operations, facilities, and records; 09  (4) maintain at each approved third-party location, for at least one year, 10 copies of all records of every driver's license, title, registration, or other document 11 administered or issued by the third-party agent on forms provided by the department; 12  (5) transmit to the department by the 15th of each month the original 13 forms described under (4) of this subsection for the previous month's licensing, titling, 14 or registration; 15  (6) conduct skills tests as required under AS 28.15 and provide that 16 applicants who fail to successfully complete driving skills testing are not tested more 17 than once in a 24-hour period, unless the original test failure was due to vehicle or 18 document deficiencies; 19  (7) issue written certification, on a form provided by the department, 20 to each driver-applicant who passes the driving skills test administered by the third-party agent; 21  (8) attend all advanced training courses, workshops, seminars, and other 22 instructional meetings, as required by the department; the department may not require 23 more than eight hours of training or other instruction in a calendar year; 24  (9) provide information and reports to the department, upon request, 25 concerning a criminal or driving skills testing administration complaint against the 26 third-party agent; 27  (10) transmit to the department all fees imposed under this title that are 28 collected as required under AS 28.12.100; 29  (11) ensure that at least 95 percent of the forms submitted to the 30 department are error free; 31  (12) comply with the provisions of AS 28.12.050(2), and (5) - (8). 01  Sec. 28.12.040. REQUIREMENTS FOR THIRD-PARTY REGISTRARS. The 02 department may not certify an individual as a third-party registrar unless the individual 03 complies with provisions of AS 28.12.030(1) - (5), (8), (10), and (11). 04  Sec. 28.12.050. REQUIREMENTS FOR THIRD-PARTY EXAMINERS. An 05 examiner applicant shall meet the conditions set out in this section in order to qualify 06 and maintain qualification as a third-party examiner. The individual shall 07  (1) comply with the provisions of AS 28.12.030(1) - (3), (6), (7), and 08 (9) - (11); 09  (2) hold a valid driver's license required for operation of the motor 10 vehicle used in the driving skills test conducted by the examiner; 11  (3) have successfully completed an examiner training workshop 12 conducted or approved by the department; 13  (4) attend all advanced training courses, workshops, seminars, and other 14 instructional meetings as required by the department; the department may not require 15 more than eight hours of training or other instruction in a calendar year; 16  (5) have a driving record that indicates the applicant is competent to 17 operate a motor vehicle safely; 18  (6) have not had a conviction or administrative adjudication for any of 19 the following violations under the law of this state or a local ordinance or a law or 20 local ordinance of another state substantially similar to the law of this state, during the 21 five-year period preceding application or during the time the individual is an examiner: 22  (A) operating a vehicle while intoxicated in violation of 23 AS 28.35.030; 24  (B) refusal to submit to a blood alcohol or breath test in 25 violation of AS 28.35.032; 26  (C) failure to stop and provide identification after a personal 27 injury or property damage accident in violation of AS 28.35.060; 28  (D) driving without insurance in violation of AS 28.22.011; 29  (E) a felony; 30  (F) felonious attempt to commit an offense described under this 31 paragraph; 01  (7) while performing duties as an examiner and during the five-year 02 period preceding application, have not had a driver's license suspended, revoked, 03 denied, cancelled or disqualified, or been subjected to a driver's license sanction 04 ordered by the department or a court; 05  (8) be at least 21 years of age and have at least three years of 06 experience in driving a motor vehicle; 07  (9) maintain at each approved third-party location, for at least one year, 08 copies of all records of every driver's license, permit, or other document administered 09 or issued by the third-party examiner on forms provided by the department; 10  (10) transmit to the department by the 15th of each month the original 11 forms described under (9) of this section for the previous month's licensing. 12  Sec. 28.12.060. PROFESSIONAL CONDUCT. (a) A third-party agent or 13 examiner may not provide a driver's license applicant answers to questions on a 14 knowledge or driving skills test or other driver examination. 15  (b) A third-party agent, registrar, or examiner shall provide services in a 16 professional manner. 17  (c) A third-party agent, registrar, or examiner may not consume intoxicating 18 beverages or controlled substances within eight hours before or during licensing or 19 testing activities and may not be under the influence of intoxicating beverages during 20 licensing or testing activities. In this subsection, "controlled substance" has the 21 meaning given in AS 28.33.190 but does not include a drug prescribed for that person 22 by a physician licensed in this state and used as required by the prescription. 23  Sec. 28.12.070. NOTIFICATION REQUIREMENTS. (a) A third-party agent, 24 registrar, or examiner shall 25  (1) notify the department in writing within 30 days before a change in 26 name or address; 27  (2) notify the department in writing within 10 days of any of the 28 following: 29  (A) a complaint regarding criminal or civil actions, or driving 30 skills test administration received by the agent or examiner; 31  (B) ceasing business operations in the state. 01  (b) A third-party agent or examiner shall notify the department as follows: 02  (1) before the end of the next business day after the agent or examiner 03 receives notice of any suspension, revocation, cancellation, or disqualification of the 04 agent's or examiner's driver's license ordered by a court or the department; 05  (2) within 10 days after being convicted or found responsible for 06 violation of a law or local ordinance of any state relating to motor vehicle traffic 07 control, other than a parking violation; 08  (3) before the end of the next business day after the agent or examiner 09 is charged with a crime. 10  Sec. 28.12.080. TEST ADMINISTRATION. A driving skills test shall be 11 conducted strictly in accordance with the provisions of this title and the test 12 specifications and procedures prescribed by the department. A driving skills test shall 13 be conducted in a vehicle that is representative of the class and type of vehicle for 14 which the applicant seeks to be licensed and for which the third-party examiner is 15 qualified to test. Before testing, the third-party agent or examiner shall inspect the 16 vehicle to verify that it is empty, meets applicable motor carrier safety regulations, 17 and is otherwise safe to operate. 18  Sec. 28.12.090. TERMINATION OF THIRD-PARTY AGENT, REGISTRAR, 19 OR EXAMINER CERTIFICATE. (a) The department may cancel or suspend the 20 certificate of a third-party agent, registrar, or examiner after determining that the agent, 21 registrar, or examiner has done one or more of the following: 22  (1) failed to comply with or satisfy any of the provisions of the contract 23 required under AS 28.12.120; 24  (2) falsified a record or information relating to the third-party agent, 25 registrar, or examiner program; 26  (3) committed any act or omission that compromises the integrity of 27 the third-party agent, registrar, or examiner program; before making a determination 28 under this paragraph, the department and the agent, registrar, or examiner shall submit 29 the issue to arbitration as provided under AS 09.43; the department may not cancel or 30 suspend a certificate or card under this paragraph unless the cancellation or suspension 31 is supported by the decision of the arbitrator; or 01  (4) acted as a third-party agent or examiner without a valid driver's 02 license, when the agent's or examiner's driver's license has been suspended or 03 revoked, when the agent's or examiner's certificate has been cancelled, or when the 04 agent's or examiner's application for a driver's license has been denied. 05  (b) If the department determines that grounds for cancellation of a third-party 06 agent's, registrar's, or examiner's certificate exist and that the grounds relate to a 07 failure to comply with or satisfy the requirements for a certificate or under the contract 08 required under AS 28.12.120, the department shall suspend the certificate until the 09 third-party agent, registrar, or examiner corrects the deficiency. 10  Sec. 28.12.100. COLLECTION OF FEES AND COMPENSATION TO 11 AGENTS. If the third-party agent, registrar, or examiner performs a function for 12 which a fee is imposed under this title, the third-party agent, registrar, or examiner 13 shall collect the statutory fee on behalf of the department and may collect and retain 14 any fee due the agent, registrar, or examiner as compensation for performing the 15 function. The fee due the third-party agent, registrar, or examiner shall be set by the 16 agent, registrar, or examiner but may not exceed $7.50 for each function performed on 17 behalf of the department and may not exceed the fee imposed under this title if the 18 statutory fee is less than $7.50, except that the fee charged by the third-party agent or 19 examiner for a driving skills test may exceed $7.50 or the fee imposed under this title 20 for each driving skills test. The third-party agent, registrar, or examiner shall deduct 21 the amount due the agent, registrar, or examiner as provided under this section from 22 the amount collected on behalf of the department and remit any remaining sum to the 23 department on March 31, June 30, September 30, and December 31 of each year. 24  Sec. 28.12.110. DEPARTMENT REVIEW OF LICENSING APPLICATIONS. 25 The department may reject an application approved by a third-party agent, registrar, 26 or examiner if the application fails to comply with a provision of AS 28.10 or 27 AS 28.15. The department shall allow an individual whose application is rejected 28 under this section to reapply to the department. 29  Sec. 28.12.120. REQUIRED CONTRACT. (a) The contract required under 30 AS 28.12.010(b) for a third-party agent must read as follows: 31 AGREEMENT 01 between the 02 DEPARTMENT OF PUBLIC SAFETY 03 and a 04 THIRD-PARTY AGENT 05  THIS AGREEMENT is made and entered into this  day of 06 , 19 , by and between the Department of Public Safety 07 (hereinafter the department) and ____________________________________________ 08 ____________________________ (hereinafter the third-party agent) 09 LOCATED AT (third-party agent address) 10  11  12  This agreement authorizes the named third-party agent to administer 13 registration, titling, and testing as required under AS 28.12.010 on behalf of the 14 department. The department and the third-party agent, for good and valuable 15 consideration and under the terms and conditions set out in this agreement, mutually 16 agree as follows: 17 I. TERM OF AGREEMENT: RENEWALS. 18  This agreement is effective on the date of execution and shall replace any 19 comparable agreement previously executed between the parties. This agreement shall 20 expire three years after execution, but may be renewed for additional periods, provided 21 that any renewal is set out in writing and that the renewal is signed by a duly 22 authorized representative of each party. 23 II. THE DEPARTMENT AGREES TO: 24  (1) Permit the third-party agent to administer registration, titling, and testing 25 described under AS 28.12.010(a), including driver's license skills tests, under the terms 26 of this agreement and all of the provisions set out in AS 28.12 and applicable 27 provisions of other state and federal law. 28  (2) Administer and enforce the provisions of AS 28.12. 29  (3) Conduct an on-site inspection of third-party agent facilities, and an annual 30 electronic audit of third-party agent books and records. 31  (4) Conduct an annual performance evaluation and audit of the driving skills 01 test administered by the third-party agent. 02  (5) Prepare a written report of the results of each inspection and audit and 03 provide a copy of the report to the third-party agent. 04  (6) Provide the following materials and equipment: 05  06  III. THE THIRD-PARTY AGENT AGREES: 07  (1) To comply with all applicable statutes and administrative regulations of the 08 State of Alaska, with all applicable federal laws, including regulations of the Federal 09 Highway Administration, and with all applicable municipal ordinances. 10  (2) To provide insurance as required by AS 28.12.160. 11  (3) That the state and its employees are not civilly liable for an act or omission 12 of the third-party agent in performing duties described under AS 28.12 or an act or 13 omission under this agreement. 14  (4) To cooperate with the Department of Public Safety in performing the duties 15 imposed under this contract and AS 28.12. 16 IV. COMMUNICATIONS. 17  The third-party agent designates the following individual at the following 18 address to be its representative to receive the written notices and communications that 19 are desired or required under this agreement: 20  21 Telephone: ( ) 22  The department designates the following individual at the following address to 23 be its representative to receive the written notices and communications that are desired 24 or required under this agreement: 25 Director 26 Division of Motor Vehicles 27 _____________________________ 28 _____________________________ 29 Telephone ( )  30 Fax ( )  31  A mailed notice shall be considered given when mailed at a United States post 01 office or official United States mail depository. 02 V. TERMINATION AND CANCELLATION. 03  (1) A third-party agent may terminate this agreement for any reason by 04 providing 60-days' written notice of termination to the department. 05  (2) The department may cancel this agreement immediately upon determining 06 that the third-party agent has done one or more of the following: 07  (A) failed to comply with or satisfy a provision of this agreement; 08  (B) falsified a record or information relating to the third-party agent 09 program; 10  (C) violated an applicable provision of AS 28.12. 11  (3) Cancellation of this agreement shall be completed by furnishing the third-party agent with written notice of 12 cancellation, which shall be effective as of the date 13 of the notice of cancellation. The notice must include a short and plain statement of 14 the facts necessitating the cancellation. 15 VI. NONASSIGNABILITY. 16  This agreement and the third-party agent's certification are not assignable by 17 the third-party agent, either in whole or in part. 18 VII. WAIVERS AND SEVERABILITY. 19  A waiver by either party of a provision of this agreement may not act as a 20 waiver of another provision of this agreement. If a provision of this agreement is for 21 any reason declared invalid, illegal, or unenforceable, that declaration does not affect 22 the remainder of the provisions of this agreement. 23 VIII. APPLICABLE LAW. 24  A dispute between the parties in this agreement as to the application, meaning, 25 or interpretation of any part of this agreement shall be resolved in the State of Alaska 26 by application of Alaska law. 27  IN WITNESS WHEREOF, the parties hereto have executed this agreement on 28 the date written above. 29 (THIRD-PARTY AGENT) 30 SIGNATURE: 31 NAME:  01 TITLE:  02 (DEPARTMENT OF PUBLIC SAFETY) 03 SIGNATURE: 04 NAME: 05 TITLE: Director, Division of Motor Vehicles. 06  (b) The contract required under AS 28.12.010(b) for a third-party registrar 07 must read as follows: 08 AGREEMENT 09 between the 10 DEPARTMENT OF PUBLIC SAFETY 11 and a 12 THIRD-PARTY REGISTRAR 13  THIS AGREEMENT is made and entered into this ____________ day of 14 ____________________, 19_____, by and between the Department of Public Safety 15 (hereinafter the department) and ___________________________________________ 16 ____________________________(hereinafter the third-party registrar) 17 LOCATED AT (third-party registrar address) 18  19  This agreement authorizes the named third-party registrar to administer 20 registration and titling as provided under AS 28.12.010(a)(2) on behalf of the 21 department. The department and the third-party registrar, for good and valuable 22 consideration and under the terms and conditions set out in this agreement, mutually 23 agree as follows: 24 I. TERM OF AGREEMENT: RENEWALS. 25  This agreement is effective on the date of execution and shall replace any 26 comparable agreement previously executed between the parties. This agreement shall 27 expire three years after execution, but may be renewed for additional periods, provided 28 that any renewal is set out in writing and that the renewal is signed by a duly 29 authorized representative of each party. 30 II. THE DEPARTMENT AGREES TO: 31  (1) Permit the third-party registrar to administer registration and titling 01 described under AS 28.12.010(a)(2), under the terms of this agreement and all of the 02 provisions set out in AS 28.12 and applicable provisions of other state and federal law. 03  (2) Administer and enforce the provisions of AS 28.12. 04  (3) Conduct an on-site inspection of third-party registrar facilities, and an 05 annual electronic audit of third-party registrar books and records. 06  (4) Prepare a written report of the results of each inspection and audit and 07 provide a copy of the report to the third-party registrar. 08  (5) Provide the following materials and equipment: 09  10  11 III. THE THIRD-PARTY REGISTRAR AGREES: 12  (1) To comply with all applicable statutes and administrative regulations of the 13 State of Alaska, with all applicable federal laws, including regulations of the Federal 14 Highway Administration, and with all applicable municipal ordinances. 15  (2) That the state and its employees are not civilly liable for an act or omission 16 of the third-party registrar in performing duties described under AS 28.12 or an act or 17 omission under this agreement. 18  (3) To cooperate with the Department of Public Safety in performing the duties 19 imposed under this contract and AS 28.12. 20 IV. COMMUNICATIONS. 21  The third-party registrar designates the following individual at the following 22 address to be its representative to receive the written notices and communications that 23 are desired or required under this agreement: 24  25 Telephone: ( ) 26  The department designates the following individual at the following address to 27 be its representative to receive the written notices and communications that are desired 28 or required under this agreement: 29 Director 30 Division of Motor Vehicles 31 _____________________________ 01 _____________________________ 02 Telephone ( )  03 Fax ( )  04  A mailed notice shall be considered given when mailed at a United States post 05 office or official United States mail depository. 06 V. TERMINATION AND CANCELLATION. 07  (1) A third-party registrar may terminate this agreement for any reason by 08 providing 60-days' written notice of termination to the department. 09  (2) The department may cancel this agreement immediately upon determining 10 that the third-party registrar has done one or more of the following: 11  (A) failed to comply with or satisfy a provision of this agreement; 12  (B) falsified a record or information relating to the third-party registrar 13 program; 14  (C) violated an applicable provision of AS 28.12. 15  (3) Cancellation of this agreement shall be completed by furnishing the third-party registrar with written notice 16 of cancellation, which shall be effective as of the 17 date of the notice of cancellation. The notice must include a short and plain statement 18 of the facts necessitating the cancellation. 19 VI. NONASSIGNABILITY. 20  This agreement and the third-party registrar's certification are not assignable 21 by the third-party registrar, either in whole or in part. 22 VII. WAIVERS AND SEVERABILITY. 23  A waiver by either party of a provision of this agreement may not act as a 24 waiver of another provision of this agreement. If a provision of this agreement is for 25 any reason declared invalid, illegal, or unenforceable, that declaration does not affect 26 the remainder of the provisions of this agreement. 27 VIII. APPLICABLE LAW. 28  A dispute between the parties in this agreement as to the application, meaning, 29 or interpretation of any part of this agreement shall be resolved in the State of Alaska 30 by application of Alaska law. 31  IN WITNESS WHEREOF, the parties hereto have executed this agreement on 01 the date written above. 02 (THIRD-PARTY REGISTRAR) 03 SIGNATURE: 04 NAME: 05 TITLE: 06 (DEPARTMENT OF PUBLIC SAFETY) 07 SIGNATURE: 08 NAME: 09 TITLE: Director, Division of Motor Vehicles. 10  (c) The contract required under AS 28.12.010(b) for a third-party examiner 11 must read as follows: 12 AGREEMENT 13 between the 14 DEPARTMENT OF PUBLIC SAFETY 15 and a 16 THIRD-PARTY EXAMINER 17  THIS AGREEMENT is made and entered into this  day of 18 , 19 , by and between the Department of Public Safety 19 (hereinafter the department) and _____________________________________________ 20 ____________________________(hereinafter the third-party examiner) 21 LOCATED AT (third-party examiner address) 22  23  24  This agreement authorizes the named third-party examiner to administer driver's 25 license examinations and issue licenses or permits as required under 26 AS 28.12.010(a)(3) on behalf of the department. The department and the third-party 27 examiner, for good and valuable consideration and under the terms and conditions set 28 out in this agreement, mutually agree as follows: 29 I. TERM OF AGREEMENT: RENEWALS. 30  This agreement is effective on the date of execution and shall replace any 31 comparable agreement previously executed between the parties. This agreement shall 01 expire three years after execution, but may be renewed for additional periods, provided 02 that any renewal is set out in writing and that the renewal is signed by a duly 03 authorized representative of each party. 04 II. THE DEPARTMENT AGREES TO: 05  (1) Permit the third-party examiner to administer testing described under 06 AS 28.12.010(a)(3), including driver's license skills tests, under the terms of this 07 agreement and all of the provisions set out in AS 28.12 and applicable provisions of 08 other state and federal law. 09  (2) Administer and enforce the provisions of AS 28.12. 10  (3) Conduct an on-site inspection of third-party examiner facilities, and an 11 annual electronic audit of third-party examiner books and records. 12  (4) Conduct an annual performance evaluation and audit of the driving skills 13 test administered by the third-party examiner. 14  (5) Prepare a written report of the results of each inspection and audit and 15 provide a copy of the report to the third-party examiner. 16  (6) Provide the following materials and equipment: 17  18 III. THE THIRD-PARTY EXAMINER AGREES: 19  (1) To comply with all applicable statutes and administrative regulations of the 20 State of Alaska, with all applicable federal laws, including regulations of the Federal 21 Highway Administration, and with all applicable municipal ordinances. 22  (2) To provide insurance as required by AS 28.12.160. 23  (3) That the state and its employees are not civilly liable for an act or omission 24 of the third-party examiner in performing duties described under AS 28.12 or an act 25 or omission under this agreement. 26  (4) To cooperate with the Department of Public Safety in performing the duties 27 imposed under this contract and AS 28.12. 28 IV. COMMUNICATIONS. 29  The third-party examiner designates the following individual at the following 30 address to be its representative to receive the written notices and communications that 31 are desired or required under this agreement: 01  02 Telephone: ( )  03  The department designates the following individual at the following address to 04 be its representative to receive the written notices and communications that are desired 05 or required under this agreement: 06 Director 07 Division of Motor Vehicles 08 _____________________________ 09 _____________________________ 10 Telephone ( )  11 Fax ( )  12  A mailed notice shall be considered given when mailed at a United States post 13 office or official United States mail depository. 14 V. TERMINATION AND CANCELLATION. 15  (1) A third-party examiner may terminate this agreement for any reason by 16 providing 60-days' written notice of termination to the department. 17  (2) The department may cancel this agreement immediately upon determining 18 that the third-party examiner has done one or more of the following: 19  (A) failed to comply with or satisfy a provision of this agreement; 20  (B) falsified a record or information relating to the third-party examiner 21 program; 22  (C) violated an applicable provision of AS 28.12; 23  (D) does not have a valid driver's license, or the license has been 24 suspended or revoked, or an application for a driver's license has been denied. 25  (3) Cancellation of this agreement shall be completed by furnishing the third-party examiner with written notice 26 of cancellation, which shall be effective as of the 27 date of the notice of cancellation. The notice must include a short and plain statement 28 of the facts necessitating the cancellation. 29 VI. NONASSIGNABILITY. 30  This agreement and the third-party examiner's certification are not assignable 31 by the third-party examiner, either in whole or in part. 01 VII. WAIVERS AND SEVERABILITY. 02  A waiver by either party of a provision of this agreement may not act as a 03 waiver of another provision of this agreement. If a provision of this agreement is for 04 any reason declared invalid, illegal, or unenforceable, that declaration does not affect 05 the remainder of the provisions of this agreement. 06 VIII. APPLICABLE LAW. 07  A dispute between the parties in this agreement as to the application, meaning, 08 or interpretation of any part of this agreement shall be resolved in the State of Alaska 09 by application of Alaska law. 10  IN WITNESS WHEREOF, the parties hereto have executed this agreement on 11 the date written above. 12 (THIRD-PARTY EXAMINER) 13 SIGNATURE: 14 NAME: 15 TITLE: 16 (DEPARTMENT OF PUBLIC SAFETY) 17 SIGNATURE: 18 NAME:  19 TITLE: Director, Division of Motor Vehicles. 20  Sec. 28.12.130. CERTIFICATION PROGRAM FOR COMMERCIAL 21 DRIVER'S LICENSES. (a) The department shall establish a program that allows an 22 employer to certify that an applicant for a commercial driver's license meets the 23 experience qualifications required by the department under AS 28.33.100(a). The 24 department shall utilize employers described under this section to the maximum extent 25 possible. 26  (b) An employer may not certify applicants as described under (a) of this 27 section unless the employer allows the department to conduct random inspections and 28 electronic audits of the employer's activities. 29  (c) If an employer meets the requirements of (b) of this section, the department 30 shall issue a certificate to the employer authorizing the employer to certify an 31 applicant's driving experience as described under (a) of this section. 01  (d) The department may reject an employer's certification if the application 02 fails to comply with a provision of AS 28.15. An applicant whose employer 03 certification is rejected may reapply to the department. The department may revoke 04 an employer's authority under this section if the department determines the employer 05 is not in compliance with this section. 06  (e) An employer who certifies an applicant's experience as described under (a) 07 of this section, is not civilly liable for the certification. 08  Sec. 28.12.140. ON-SITE INSPECTIONS AND AUDITS. (a) An applicant 09 for a third-party agent, registrar, or examiner certificate shall permit the department to 10 conduct preapproval inspections and to electronically audit its operations, facilities, and 11 records relating to its third-party agent, registrar, or examiner program, for the purpose 12 of determining whether the applicant is qualified to participate in the program. A 13 third-party agent, registrar, or examiner who has been certified and has executed an 14 agreement described under AS 28.12.120 shall permit the department to inspect and 15 audit its third-party agent, registrar, or examiner program to determine whether it 16 continues in compliance with the requirements of this chapter. The department may 17 perform an inspection or audit with or without prior notice to the third-party agent, 18 registrar, or examiner. 19  (b) An inspection or audit must include, at a minimum, an examination of 20  (1) records relating to the third-party agent, registrar, or examiner 21 program; 22  (2) evidence of compliance with this title; 23  (3) the following if the individual is a third-party agent or examiner, 24  (A) skills testing procedures, practices, and operations; 25  (B) vehicles used for testing; and 26  (C) effectiveness of the driving skills test program by either 27 testing a sample of drivers who have been issued certificates evidencing that 28 they have passed the driving skills test administered by the third-party agent 29 or examiner or by having department employees or designees take the driving 30 skills test from a third-party agent or examiner. 31  (c) The department shall prepare a written report of an inspection or audit. A 01 copy of the report shall be provided to the third-party agent, registrar, or examiner. 02  Sec. 28.12.150. ADVERTISING. (a) A third-party agent or examiner may 03 not advertise in a manner that indicates in any way that the third-party agent or 04 examiner can guarantee the issuance of a driver's license or imply that the third-party 05 agent or examiner can in any way influence the department in the issuance of a 06 driver's license or imply that preferential or advantageous treatment from the 07 department can be obtained. 08  (b) A third-party agent, registrar, or examiner that is certified by the 09 department may advertise that the third-party agent, registrar, or examiner is 10 "certified," but may not indicate that the agent, registrar, or examiner is approved, 11 sanctioned, or in any other way endorsed by the department, and may not use any 12 other name besides the name on the application for certification. A third-party agent, 13 registrar, or examiner may not use "state" in any part of the third-party agent's, 14 registrar's, or examiner's business name, except when the name does not contain a 15 reference to the individual's status as a third-party agent, registrar, or examiner. 16  Sec. 28.12.160. INSURANCE REQUIREMENTS. (a) A third-party agent or 17 examiner shall maintain insurance coverage that meets the requirements of 18 AS 28.22.101 on motor vehicles owned by or registered to a third-party agent or 19 examiner. 20  (b) In addition to the requirements of (a) of this section, a third-party agent or 21 examiner shall maintain bodily injury and property damage liability insurance coverage 22 on motor vehicles owned or used by the third-party agent or examiner to administer 23 skills tests in this state. The amount of insurance coverage required under this 24 subsection may not be less than $1,000,000 for bodily injury to or death of one or 25 more persons in any one accident and not less than $250,000 for injury to or 26 destruction of property of others in any one accident. 27  (c) A third-party agent or examiner shall maintain insurance coverage that does 28 not exclude from coverage a person taking a driving skills test administered by the 29 third-party agent or examiner, any person suffering bodily injury or sustained property 30 damage as a result of a driving skills test administered by the third-party agent or 31 examiner. 01  (d) As evidence of required insurance coverage, a third-party agent or 02 examiner shall file with the department a certificate of insurance issued by an 03 insurance company licensed to do business in this state or a certificate of self-insurance 04 approved by the department. A certificate of insurance or self-insurance must include 05 the make, model, year, and vehicle identification number of each vehicle that is used 06 by the third-party agent or examiner to administer a driving skills test. 07  (e) A third-party agent or examiner may not use a motor vehicle to administer 08 a driving skills test unless the vehicle is insured as required by law. 09  (f) The department may cancel a contract with a third-party agent or examiner 10 upon determining that the third-party agent or examiner has failed to file a certificate 11 of insurance or self-insurance or has failed to maintain insurance coverage. 12  Sec. 28.12.170. CIVIL LIABILITY. (a) A third-party agent, registrar, or 13 examiner authorized under this section to perform a registration, titling, or licensing 14 function may not be held civilly liable for performing or failing to perform the 15 function. 16  (b) A person may not bring a civil action against the state or an employee of 17 the state to recover civil damages resulting from an act or omission of a third-party 18 agent, registrar, or examiner in performing duties described under this chapter. 19  Sec. 28.12.180. FURTHER ADMINISTRATIVE REGULATIONS 20 PROHIBITED. The department may not adopt regulations to implement this chapter. 21 * Sec. 2. AS 36.30.850(b) is amended by adding a new paragraph to read: 22  (33) a contract between the Department of Public Safety and a third-party agent, registrar, or examiner under 23 AS 28.12. 24 * Sec. 3. TRANSITION. The Department of Public Safety shall implement the provisions 25 of this Act not later than six months after the effective date of this Act.