(1) Personnel from the division and FMCSA are authorized to conduct scheduled and unscheduled overt and covert audits on third-party CDL skills test programs and CDL skills test examiners as follows:

(a) on-site inspections must be conducted at least twice a year with a focus on irregular test results that allow the division to audit CDL skills tests by any of the following three methods:

(i) covertly take a test using a state employee as a test applicant;

(ii) have a state employee co-score a test to compare test results; or

(iii) retest a sample of drivers.

(b) if an applicant is found not to possess the required skills to operate a commercial motor vehicle, the division may require the applicant to pass a CDL skills test by a state examiner.

(c) review any electronic or hardcopy records relating to certification requirements or CDL skills tests; and

(d) inspect CDL skills testing program's operation, facility, basic control skills test site, and road test routes.

(e) inspect CDL skills testing program's vehicles and equipment.