A. NEMT Driver Certification. The NEMT Company shall regularly provide a list of applicant drivers affiliated with the permitted NEMT Company for Director certification that drivers meet all requirements pursuant to Chapter 16.40, on a form approved by the Director. Drivers shall be certified by the Director and affiliated with a permitted NEMT Company prior to operating a NEMT Vehicle. Drivers not meeting all required conditions shall not be certified and will not be allowed to operate as a NEMT Driver. NEMT Companies regularly provide a current list of affiliated NEMT Drivers and NEMT Vehicles.
B. Term of Certified NEMT Driver. Certifications for NEMT Drivers provided by a NEMT Company to the Director shall be valid for one year from the date of the initial certification. The affiliated NEMT Company shall provide a re-certification to the Director within one month prior to the certification expiration on a form approved by the Director.
C. Application Process. Applications for NEMT Driver certification shall be made directly to an affiliated NEMT Company. The NEMT Company will regularly provide to the Director NEMT Driver and Vehicle Application Lists, pursuant to certification requirements, that the driver meets all requirements before the driver may operate a NEMT Driver on a form approved by the Director.
D. NEMT Driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers shall be conducted annually on behalf of the affiliated NEMT Company by a third party accredited by the National Association of Professional Background Screeners that shall include:
1. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search);
2. All motor vehicle records associated with the applicant driver available pursuant to records laws of each state, and;
3. Dru Sjodin National Sex Offender Public Registry.
E. NEMT Driver Criminal and Driving History Disqualifications. A driver will not be certified as a NEMT Driver and cannot provide NEMT Services if any of the following conditions exist:
1. The applicant has a felony conviction of any kind in the 10 years, based on the conviction date, preceding the submission of the application;
2. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred;
3. The applicant is a match in the Dru Sjodin National Sex Offender Public Registry;
4. During the 5-year period preceding the submission of the application, based on the conviction date, the applicant has been convicted of any criminal offense involving:
a. Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons; or
b. Any traffic crime, including but not limited to: driving under the influence of intoxicants, reckless driving, attempt to elude a police officer, or leaving the scene of an injury accident;
5. During the 3-year period preceding the submission of the initial application, the applicant had greater than 5 traffic violations as defined in ORS 801.557; greater than five serious traffic violations as defined in ORS 801.477; greater than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 811.720; or, greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above;
6. During the 3-year period preceding the filing of the initial application, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident;
7. The applicant has two or more traffic violations as defined in ORS 801.557 of any kind within the previous 12 months from the date of the application;
8. During a 3-year period preceding the filing of the application, the applicant’s PFHT driving privileges were revoked by the Director;
9. The applicant does not have at least one year’s worth of continuous driving experience with a valid driver’s license in a United States jurisdiction immediately prior to the date of the application’s submission;
10. The applicant is less than 21 years old; or
11. The applicant is unable to obtain car insurance for any reason.
F. All NEMT Driver Criminal and Driving Histories are subject to review by the Director.
G. NEMT Driver Training. NEMT Drivers shall successfully complete Director approved trainings within 30 days of NEMT Driver certification by the Director in each of the following subject areas:
1. Relevant City Code provisions and Administrative Rules;
2. Vision Zero principles of traffic safety;
3. Portland-area attractions, and;
4. Customer Service.
H. Insurance Requirements. All NEMT Drivers affiliated with a NEMT Company shall maintain current, valid automobile insurance that meets the State of Oregon requirements.
I. Business License Requirements. All NEMT Drivers affiliated with a NEMT Company shall comply with all provisions of the Business License Law, Chapter 7.02 prior to operating a NEMT Vehicle. Any NEMT Driver without a valid City of Portland Business License cannot be certified as a NEMT Driver and will not be allowed to operate as a NEMT Driver until such Business License is obtained.
J. NEMT Driver Re-certification. The NEMT Company shall provide a list of applicant drivers for re-certification to the Director within one month prior to the NEMT Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with NEMT Driver certification requirements pursuant to Section 16.40.100. Drivers not meeting all such conditions will not be re-certified as a NEMT Driver and shall not be allowed to provide NEMT Services.
K. Suspension or Revocation of Certified NEMT Drivers. If a NEMT certification is suspended or revoked by the Director, the affiliated NEMT Company shall be notified. NEMT Drivers and NEMT Vehicles without current, valid certification by the Director shall not be allowed to operate as a NEMT Driver or NEMT Vehicle.