An applicant for medical examiner certification or recertification must apply, in accordance with the minimum specifications for application elements established by FMCSA, to a testing organization that meets the following criteria:
(a) The testing organization has documented policies and procedures that:
(1) Use secure protocols to access, process, store, and transmit all test items, test forms, test data, and candidate information and ensure access by authorized personnel only.
(2) Ensure testing environments are reasonably comfortable and have minimal distractions.
(3) Prevent to the greatest extent practicable the opportunity for a test taker to attain a passing score by fraudulent means.
(4) Ensure that test center staff who interact with and proctor examinees or provide technical support have completed formal training, demonstrate competency, and are monitored periodically for quality assurance in testing procedures.
(5) Accommodate testing of individuals with disabilities or impairments to minimize the effect of the disabilities or impairments while maintaining the security of the test and data.
(b) Testing organizations that offer testing of examinees not at locations that are operated and staffed by the organizations but by means of remote, computer-based systems must, in addition to the requirements of paragraph (a) of this section, ensure that such systems:
(1) Provide a means to authenticate the identity of the person taking the test.
(2) Provide a means for the testing organization to monitor the activity of the person taking the test.
(3) Do not allow the person taking the test to reproduce or record the contents of the test by any means.
(c) The testing organization has submitted its documented policies and procedures as defined in paragraph (a) of this section and, if applicable, paragraph (b) of this section to FMCSA and agreed to future reviews by FMCSA to ensure compliance with the criteria listed in this section.
(d) The testing organization administers only the currently authorized version of the medical examiner certification test developed and furnished by FMCSA.
[77 FR 24127, Apr. 20, 2012, as amended at 78 FR 58483, Sept. 24, 2013]
authority: 49 U.S.C. 113,
504,
508,
31132,
31133,
31134,
31136,
31137,
31144,
31149,
31151,
31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and
49 CFR 1.81, 1.81a, 1.87
source: 53 FR 18052, May 19, 1988, unless otherwise noted.
cite as: 49 CFR 390.107