16.40.770 NEMT Driver Certification Requirements.

City Code Section

(Amended by Ordinance 188972 and 191503, effective December 1, 2023.)

  1. A.  NEMT Driver Certification. When adding drivers, the NEMT Company shall immediately 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 and permitted by the Director and affiliated with a permitted NEMT Company prior to operating an NEMT Vehicle. Drivers not meeting all required conditions shall not be certified and will not be allowed to operate as an NEMT Driver. NEMT Companies shall regularly provide a list of all un-affiliated NEMT Drivers and NEMT Vehicles when changes are made.
  2. B.  Term of Certified NEMT Driver. Certifications for NEMT Drivers provided by an NEMT Company to the Director shall be valid for 1 year from the date of the initial certification. The affiliated NEMT Company shall provide a re-certification to the Director within 1 month prior to the certification expiration on a form approved by the Director.
  3. C.  Application Process. Applications for NEMT Driver certification shall be made directly to an affiliated NEMT Company. The NEMT Company will immediately 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 as an NEMT Driver on a form approved by the Director.
  4. D.  NEMT Driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers shall be completed 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. 1.  Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search);
    2. 2.  All motor vehicle records associated with the applicant driver available pursuant to records laws of each state, and;
    3. 3.   The National Sex Offender Public Registry.
  5. E.  NEMT Driver Criminal and Driving History Disqualifications. A driver will not be certified as an NEMT Driver and cannot provide NEMT Services if any of the following conditions exist:
    1. 1.  The applicant has a felony conviction of any kind within the previous 10 years, based on the conviction date.
    2. 2.  The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred.
    3. 3.  The applicant is a match in the National Sex Offender Public Registry.
    4. 4.  During the 5-year period, based on the conviction date, the applicant has been convicted of any criminal offense involving:
      1. a.  Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons; or
      2. 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. 5.  Based on the conviction date, 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.
    6. 6.  Based on the conviction date, within a 3-year period, the applicant had greater than five traffic violations as defined in ORS 801.557; more than five serious traffic violations as defined by the Oregon Department of Motor Vehicles; more than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 811.720; or more than five of any combination of serious traffic violations or motor vehicle accidents as provided above.
    7. 7.  Based on the conviction date, within a 3-year period, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.
      1. a.  Specific suspensions of an administrative nature may be excluded as defined in Administrative Rule TRN-14.40.
    8. 8.  Based on the conviction date, during a 3-year period, the applicant’s PFHT driving privileges were revoked by the Director.
    9. 9.  Upon application submittal, all applicants must demonstrate maintaining a valid license to drive in any US jurisdiction for at least 365 days, within the 18-month period preceding the application submittal date.
    10. 10.  The applicant is less than 21 years old.
    11. 11.  The applicant is unable to obtain car insurance for any reason.
  6. F.  All NEMT Driver criminal and driving histories are subject to review by the Director.
  7. G.  NEMT Driver Training.  The affiliated company must ensure that all NEMT Drivers successfully complete all Director-approved trainings and testing within 30 days of NEMT Driver certification and successfully complete any additional training and testing within 30 days of release by the Director.
  8. H.  Business License Requirements. All NEMT Drivers operating as independent contractors affiliated with an NEMT Company shall comply with all provisions of the Business License Law, Chapter 7.02, prior to operating an NEMT Vehicle. Any NEMT Driver operating as an independent contractor without a valid City of Portland Business License cannot be certified as an NEMT Driver and will not be allowed to operate as an NEMT Driver until such business license is obtained.
  9. I.  NEMT Driver Re-certification. The NEMT Company shall provide a list of applicant drivers for re-certification to the Director within 1 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 16.40.770. Drivers not meeting all such conditions will not be re-certified as an NEMT Driver and shall not be allowed to provide NEMT services.
  10. J.  Suspension or Revocation of Certified NEMT Drivers. If an NEMT certification is suspended or revoked by the Director, the affiliated NEMT Company shall be notified, and the driver shall be removed immediately. NEMT Drivers and NEMT Vehicles without current, valid certification by the Director shall not be allowed to operate as an NEMT Driver or NEMT Vehicle.
  11. K.  NEMT Driver Decertification. The NEMT Company must inform the City, through the established online certification portal, no later than 24 hours after the driver or company has terminated the relationship.
  12. L.  Failure to comply with any provision in Section 16.40.770 is Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.

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