27 CAR § 51-109. On-site inspections and audits

(a) Each applicant for a third-party tester certificate shall permit the Division of Arkansas State Police and/or the Federal Motor Carrier Safety Administration 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) A third-party tester who has been certified and has executed an agreement shall permit the division and/or the Federal Motor Carrier Safety Administration to inspect its third-party testing program to determine whether it remains in compliance with all legal requirements. (c) The division and/or the Federal Motor Carrier Safety Administration may perform its 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 the third-party testing program; (2) Evidence of compliance with the Federal Motor Carrier Safety Regulations; (3) Skills testing procedures, practices, and operations; (4) Vehicles used for testing; (5) Qualifications of third-party examiners; (6) Effectiveness of the skills tests program by either: (A) Testing a sample of drivers who have passed the skills tests administered by the third-party tester; or (B) Having division employees or designees take the skills tests from a third-party examiner employed by the third-party tester; and (7) Any other aspect of the third-party tester’s operation that the division determines is necessary to verify the third-party tester meets all applicable requirements.