Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
CHAPTER 8840, TRANSPORTATION FOR ELDERLY, DISABLED
DEPARTMENT OF TRANSPORTATION
| Part | Title |
|---|---|
| 8840.0100 | [Repealed, L 1997 c 143 s 20] |
| 8840.0200 | [Repealed, L 1997 c 143 s 20] |
| 8840.0300 | [Repealed, L 1997 c 143 s 20] |
| 8840.0400 | [Repealed, L 1997 c 143 s 20] |
| 8840.0500 | [Repealed, L 1997 c 143 s 20] |
| 8840.0600 | [Repealed, L 1997 c 143 s 20] |
| 8840.0700 | [Repealed, L 1997 c 143 s 20] |
| 8840.0800 | [Repealed, L 1997 c 143 s 20] |
| 8840.0900 | [Repealed, L 1997 c 143 s 20] |
| 8840.1000 | [Repealed, L 1997 c 143 s 20] |
| 8840.1100 | [Repealed, L 1997 c 143 s 20] |
| 8840.1200 | [Repealed, L 1997 c 143 s 20] |
| 8840.1300 | [Repealed, L 1997 c 143 s 20] |
| OPERATING STANDARDS | |
| 8840.5100 | DEFINITIONS. |
| 8840.5200 | [Repealed, 17 SR 634] |
| 8840.5300 | SCOPE. |
| 8840.5400 | CERTIFICATE OF COMPLIANCE, GENERAL REQUIREMENTS. |
| 8840.5450 | RESTRICTIONS ON NAME AND DESCRIPTION OF SERVICE. |
| 8840.5500 | CERTIFICATE OF COMPLIANCE APPLICATION. |
| 8840.5525 | ISSUANCE AND EXPIRATION OF CERTIFICATE OF COMPLIANCE. |
| 8840.5600 | [Repealed, 28 SR 1578] |
| 8840.5640 | INITIAL SPECIAL TRANSPORTATION SERVICE PROVIDER EDUCATION. |
| 8840.5650 | ANNUAL EVALUATION. |
| 8840.5700 | INSPECTION AND AUDIT. |
| 8840.5800 | ENFORCEMENT: VIOLATIONS, SUSPENSIONS, REVOCATIONS, AND CANCELLATIONS. |
| 8840.5900 | DRIVER QUALIFICATIONS. |
| 8840.5910 | DRIVER AND ATTENDANT TRAINING REQUIREMENTS. |
| 8840.5925 | VEHICLE EQUIPMENT. |
| 8840.5940 | VEHICLE CONSTRUCTION STANDARDS. |
| 8840.5950 | STANDARDS FOR OPERATION OF VEHICLES. |
| 8840.5975 | STANDARDS FOR MAINTENANCE. |
| 8840.6000 | INSURANCE. |
| 8840.6100 | RECORDS. |
| 8840.6200 | CERTIFICATION OF TRAINING COURSES AND INSTRUCTORS. |
| 8840.6250 | AUDIT OF COURSES. |
| 8840.6300 | VARIANCE. |
| 8840.6400 | ADMINISTRATIVE HEARING. |
8840.0100
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0200
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0300
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0400
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0500
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0600
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0700
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0800
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.0900
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.1000
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.1100
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.1200
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
8840.1300
[Repealed, L 1997 c 143 s 20]
Published Electronically:
October 11, 2007
OPERATING STANDARDS
8840.5100 DEFINITIONS.
Subpart 1.
Ambulance.
"Ambulance" has the meaning given to it in Minnesota Statutes, section 144E.001, subdivision 2.
Subp. 1a.
Applicant.
"Applicant" means a person who applies for a new certificate of compliance, or its renewal, as required to operate as a special transportation service provider.
Subp. 1b.
Certificate of course completion.
"Certificate of course completion" means a certificate that includes the:
Subp. 2.
Attendant.
"Attendant" means a person who assists in the transportation of passengers in special transportation service vehicles, but who does not drive the vehicle.
Subp. 3.
Commissioner.
"Commissioner" means the commissioner of transportation, or an authorized agent.
Subp. 5a.
Driver.
"Driver" means a person who transports passengers in special transportation service vehicles, but who is not a volunteer driver.
Subp. 6a.
Grants or other financial assistance.
"Grants or other financial assistance" means funds from either the state or federal government, including funds that are distributed to third-party entities under contract with either the state or federal government for purposes of special transportation service.
Subp. 7.
Disability.
"Disability" means having a physical or mental impairment that limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment.
Subp. 8.
Major life activities.
"Major life activities" means activities of daily living such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Subp. 9.
Motor vehicle.
"Motor vehicle" has the meaning given to it in Minnesota Statutes, section 169.011, subdivision 42.
Subp. 11.
Person.
"Person" means every natural person; proprietorship, firm, general or limited liability partnership, corporation, limited liability company, or other business entity; association; and body politic.
Subp. 12.
Physical or mental impairment.
"Physical or mental impairment" means any physiological disorder or condition or anatomical loss, any mental or psychological disorder, and specific learning disabilities and includes but is not limited to such diseases and nonacute conditions as orthopedic, vision impairments, speech disabilities, hearing loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, developmental disability, emotional illness, drug addiction, and alcoholism.
Subp. 12a.
Protected transport.
"Protected transport" means motor vehicle transportation provided in a vehicle designated as protected transport under Minnesota Statutes, section 256B.0625, subdivision 17.
Subp. 13.
Provider.
"Provider" means a public or private entity or person who operates special transportation service vehicles.
Subp. 14.
Regular basis.
"Regular basis" means either providing more than an average of 12 round trips per month in any calendar year or transporting more than 30 passengers per month.
Subp. 15.
School bus.
"School bus" has the meaning given to it in Minnesota Statutes, section 169.011, subdivision 71.
Subp. 16.
Semiambulatory.
"Semiambulatory" means having the ability to walk with difficulty or with the aid of an artificial limb or personal assistance device such as a brace, a cane, a crutch, or a walker.
Subp. 17.
Special transportation service.
"Special transportation service" means motor vehicle transportation provided on a regular basis by a public or private person that is designed exclusively or primarily to serve individuals who are elderly or disabled and who are unable to use regular means of transportation but do not require ambulance service, as defined in Minnesota Statutes, section 144E.001, subdivision 3. Special transportation service includes, but is not limited to, service provided by specially equipped buses, vans, taxis, and volunteers driving private automobiles. Special transportation service also includes those nonemergency medical transportation services under Minnesota Statutes, section 256B.0625, subdivision 17, that are subject to the operating standards for special transportation service under Minnesota Statutes, sections 174.29 to 174.30, and this chapter as provided for in Minnesota Statutes, section 174.29, subdivision 1.
Subp. 18.
State.
"State" has the meaning given to it in Minnesota Statutes, section 3.732, subdivision 1, clause (1).
Subp. 18a.
Stretcher transport.
"Stretcher transport" means motor vehicle transportation in a prone or supine position provided in a vehicle designated as necessary for stretcher transport under Minnesota Statutes, section 256B.0625, subdivision 17.
Subp. 20.
Vehicle.
"Vehicle" means a motor vehicle used to provide special transportation service.
Subp. 21.
Volunteer driver.
"Volunteer driver" has the meaning given in Minnesota Statutes, section 65B.472, subdivision 1, paragraph (h).
Subp. 22.
Wheelchair.
"Wheelchair" means a mobility aid, whether manual or motorized, belonging to any class of three- or four-wheeled devices and that is usable indoors and designed for and used by individuals with mobility impairments.
Statutory Authority:
MS s 174.30
History:
17 SR 634; L 1997 c 199 s 14; 28 SR 1578; L 2005 c 56 s 2; L 2013 c 62 s 32; 48 SR 155
Published Electronically:
September 14, 2023
8840.5200
[Repealed, 17 SR 634]
Published Electronically:
October 11, 2007
8840.5300 SCOPE.
Subpart 1.
Service criteria.
Except as provided in Minnesota Statutes, sections 174.29 to 174.315, the standards in parts 8840.5100 to 8840.6400 apply to special transportation service as defined in part 8840.5100 and provided by an entity receiving grants or other financial assistance from the state or federal government, or both, to provide or assist in providing the service.
Subp. 1a.
Applicability.
The standards in parts 8840.5100 to 8840.6400 apply to organizations, providers, office staff, drivers, and attendants through the certificate of compliance under which they are listed. Any person or vehicle listed under a certificate of compliance operates under the authority granted to the holder of the certificate.
Statutory Authority:
MS s 174.30
History:
L 1984 c 654 art 5 s 58; L 1987 c 209 s 39; 13 SR 1448; 17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5400 CERTIFICATE OF COMPLIANCE, GENERAL REQUIREMENTS.
Subpart 1.
Certificate of compliance required.
A person shall not provide special transportation service without a current annual certificate of compliance issued by the commissioner. No vehicle may be used to provide special transportation service until it has been inspected as required by part 8840.5700 and Minnesota Statutes, section 299A.14, and displays a valid decal as required by Minnesota Statutes, section 174.30, subdivision 4.
Subp. 1a.
Wheelchair certification.
The commissioner shall issue a certificate of compliance to a provider who transports an occupied wheelchair in a vehicle only if the vehicle has been issued a current, numbered certificate by the commissioner pursuant to Minnesota Statutes, section 174.30, subdivisions 3 and 4.
Subp. 1b.
Protected transport certification.
The commissioner shall issue a certificate of compliance to a provider who provides protected transport only after ensuring the safety provisions in Minnesota Statutes, section 256B.0625, subdivision 17, are in working order.
Statutory Authority:
MS s 174.30
History:
L 1987 c 209 s 39; 17 SR 634; L 1997 c 199 s 14; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5450 RESTRICTIONS ON NAME AND DESCRIPTION OF SERVICE.
Subpart 1.
Advertising as ambulance service prohibited.
A special transportation service provider subject to Minnesota Statutes, section 174.30, shall not use, in its name or in advertisements or information describing the service, the words "medical," "emergency," "life support," "ambulance," or other forms of those words or any other similar words that offer, suggest, or imply the availability of ambulance service, as defined in Minnesota Statutes, section 144E.001, subdivision 3, unless it is licensed as an ambulance service under Minnesota Statutes, section 144E.10.
Subp. 2.
Permitted phrase.
A special transportation service provider may use the phrase "nonemergency medical transportation" in its name or advertisements or information describing the service.
Statutory Authority:
MS s 174.30
History:
17 SR 634; L 1997 c 199 s 14; 48 SR 155
Published Electronically:
September 14, 2023
8840.5500 CERTIFICATE OF COMPLIANCE APPLICATION.
Subpart 1.
Forms.
Application for a certificate of compliance or for renewal of an existing certificate of compliance must be made on forms provided by the commissioner. Application forms for certificates of compliance may be obtained from the Department of Transportation. Applications must be delivered in person, electronically, or by mail to the Minnesota Department of Transportation.
Subp. 2.
Required information.
Applicants shall submit the following information to the commissioner:
A.
a provider application form containing the following information:
(2)
the applicant's business United States Department of Transportation (USDOT) number. If the applicant does not have a USDOT number, the applicant shall apply for the number from the Federal Motor Carrier Safety Administration at the time of application;
(3)
the applicant's name; the name of the business, including any assumed name filed with the secretary of state as provided in Minnesota Statutes, sections 333.01 to 333.06; the type of business entity; the business address; the telephone and facsimile (fax) numbers; and the Internet email address;
(5)
for each vehicle used:
(c)
whether the vehicle is equipped with an approved wheelchair securement device and the number of wheelchair securement positions for each vehicle;
(6)
the name, email address, primary telephone number, and alternate telephone number, of the person who is responsible for the day-to-day operation of the proposed provider's special transportation service;
(7)
the legal name, address, and driver's license number of each driver, stating whether each complies with the standards in parts 8840.5100 to 8840.6300;
(8)
the legal names of each individual who is not a driver but for whom the provider is required to initiate a background study, pursuant to Minnesota Statutes, section 174.30, subdivision 10;
(9)
whether the applicant or any of the applicant's corporate directors or officers, general and limited partners, limited liability company board members, or owners of the applicant's business hold or previously held a certificate of compliance and, if so, the certificate number of the applicable certificate;
(10)
if the applicant is not a Minnesota corporation, but is authorized to transact business in Minnesota, the name and address of its registered agent;
(11)
the location in Minnesota where the records required by part 8840.6100 will be available for inspection and copying; and
(12)
any organizations with which the applicant has an agreement to provide special transportation service; and
B.
the following documentation, if not previously filed with the commissioner:
(1)
evidence of insurance coverage on the provider's vehicle in the amount specified in part 8840.6000 on a form E, "Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance" under Code of Federal Regulations, title 49, part 1023, Appendix (1992), which is incorporated by reference except for the last paragraph of Form E; and
Subp. 2a.
Signature required.
The application must be signed physically or electronically by a corporate officer, general partner, limited liability company board member, or sole proprietor verifying that the information on the application is true. The application may be delivered in person, by mail, or by fax. In lieu of a required document completed on paper, the commissioner may accept an electronically transmitted document authenticated by an electronic signature.
Subp. 5.
Information on certificate.
When a certificate is granted, the commissioner shall issue to the provider a numbered certificate of compliance that shows the month and year in which the certification expires. This certificate may be stored physically or electronically but must be producible upon request from the commissioner.
Subp. 6.
Record.
The commissioner shall maintain a record of all certificates of compliance showing the date issued, renewed, suspended, or revoked. If the commissioner determines that an application for a new certificate of compliance is for an organization with one or more corporate directors or officers, limited liability company board members, or employees as a provider that is currently suspended or revoked, the commissioner shall reject the application.
Subp. 7.
Keeping application information current.
An applicant or provider shall notify the commissioner in writing of any change in its application information within ten days of the change.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; L 2005 c 56 s 2; 48 SR 155
Published Electronically:
September 14, 2023
8840.5525 ISSUANCE AND EXPIRATION OF CERTIFICATE OF COMPLIANCE.
Subpart 1.
Processed in 30 days.
The commissioner shall process all applications and a certificate of compliance must be issued or denied in writing within 30 days of the receipt of the completed application and documentation required by the commissioner.
Subp. 2.
Issuance or denial of certificate.
The commissioner shall issue a certificate of compliance to an applicant who meets the requirements in parts 8840.5100 to 8840.6400, except the commissioner shall not issue a certificate of compliance if:
B.
the application for certification contains a statement that is false, misleading, or fraudulent;
D.
the applicant or any person listed on the application is disqualified by the background study required in Minnesota Statutes, section 174.30, subdivision 10.
Subp. 3.
Contesting a denial.
To contest a denial of the issuance of a certificate, the provider shall follow the procedures in part 8840.6400.
Subp. 4.
Certificate denied, revoked, or canceled.
If a provider's certificate of compliance is denied, revoked, or canceled, and the provider wishes to reapply, the applicant must submit a new application under part 8840.5500. If a certificate is denied, revoked, or canceled for containing information that is false, misleading, or fraudulent, the provider is prohibited from reapplying for 180 days.
Subp. 5.
Term of certificate; good cause extension.
A certificate of compliance expires one year from the date it is issued and is renewable on an annual basis as provided for in part 8840.5500 and this part. The commissioner, for good cause, may extend the time before a certificate is canceled for up to an additional 30 days beyond expiration. "Good cause" means circumstances beyond control or circumstances that were not reasonably foreseeable, such as a serious physical or mental incapacity or illness.
Statutory Authority:
MS s 174.30
History:
28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5600
[Repealed, 28 SR 1578]
Published Electronically:
October 11, 2007
8840.5640 INITIAL SPECIAL TRANSPORTATION SERVICE PROVIDER EDUCATION.
Subpart 1.
Initial education requirement, generally; enforcement.
Within 90 days from issuance of an initial certificate of compliance, the provider must complete the initial special transportation service provider education. The provider must have in attendance at least one person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the provider's certificate of compliance. Upon failure to comply with the requirement of this subpart, the certificate of compliance is deemed canceled upon expiration of the 90 days.
Statutory Authority:
MS s 174.30
History:
28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5650 ANNUAL EVALUATION.
The commissioner shall annually evaluate whether the provider complies with parts 8840.5100 to 8840.6300. The evaluation must include (1) an audit of the provider's records to determine that the provider is keeping the records required by part 8840.6100, (2) an inspection of the vehicles to determine that the vehicle meets the standards of parts 8840.5700 and 8840.5950, and (3) a determination whether wheelchair securement devices in the vehicle are certified as required by Minnesota Statutes, section 174.30, subdivisions 3 and 4.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578
Published Electronically:
October 11, 2007
8840.5700 INSPECTION AND AUDIT.
Subpart 1.
Commissioner shall inspect vehicles.
The commissioner shall inspect or provide for the inspection of each vehicle at least annually and may inspect a vehicle on receipt of a complaint about the condition of the vehicle or its equipment. The commissioner may conduct an unannounced inspection for compliance with parts 8840.5100 to 8840.6300 but must not do so in a way that interferes with the transportation of a passenger. The commissioner may inspect the vehicle, its equipment, or any documents required to be in the vehicle or the driver's possession for compliance with parts 8840.5100 to 8840.6300 and state or federal law.
Subp. 1a.
Incorporation by reference.
"Minnesota Vehicle Requirements for Special Transportation Services and Limousines," dated February 3, 2023, is incorporated by reference. The document is written and published by the Minnesota Department of Transportation. The document is not subject to frequent change and is available at the department's office, located at 395 John Ireland Boulevard, St. Paul, MN 55155, and online at https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=32497137. This document, and the provisions of Minnesota Statutes, sections 169.46 to 169.75, must be followed when conducting an inspection and determining whether a vehicle is in a condition that is likely to cause an accident or break down.
Subp. 1b.
Inspection results; removal from service.
The results of an inspection of vehicles or records must be documented and a copy given to the provider. If the vehicle is equipped with a wheelchair securement device, the inspection form must state whether the device is certified by the commissioner. If the vehicle is designated as protected transportation, the inspection form must state whether the safety provisions in Minnesota Statutes, section 256B.0625, subdivision 17, are in working order. The commissioner shall direct a provider to immediately remove a vehicle from service on determining the vehicle is in a condition that is in violation of a provision of Minnesota Statutes, sections 169.46 to 169.75, and is likely to cause an accident or break down.
Subp. 1c.
Provider responsibility; defective equipment.
Providers directed to repair or replace defective equipment shall provide written evidence of compliance to the commissioner of transportation. When the provider has taken the required corrective action, the provider may return the vehicle to service.
Subp. 1d.
Commissioner shall audit records.
The commissioner may examine any documents or records required by parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30. The commissioner shall examine vehicle inspection, repair, and maintenance records for each vehicle operated under the provider's certificate of compliance at least annually. The commissioner shall examine driver and attendant records at least annually. The results of an audit of records shall be documented and given to the provider.
Subp. 2.
Complaint record.
The commissioner shall document complaints and maintain a record of the name and address of the person making the complaint, the date and reason for the complaint, the result of an inspection of the provider's vehicles or records, and the corrective action the provider must take.
Subp. 4.
Items examined.
Annual audits and inspections conducted under these standards must comprise:
Subp. 5.
Failure to permit inspection.
Failure to permit an inspection or audit as provided in this part is grounds for immediate suspension of the provider's certificate of compliance until the provider permits the inspection.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5800 ENFORCEMENT: VIOLATIONS, SUSPENSIONS, REVOCATIONS, AND CANCELLATIONS.
Subpart 1.
Notice and opportunity for correction.
When a provider is found in violation of parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, and the violation is not likely to cause a breakdown or accident, the provider must be given a 15-day written notice to correct the violation.
A.
When a provider is found to be operating a vehicle that is in violation of a provision of Minnesota Statutes, sections 169.46 to 169.75, and is likely to break down or cause an accident, the provider shall remove the vehicle from operation immediately. The provider shall correct the defect before returning the vehicle to service.
B.
If the provider is violating the prohibition against providing ambulance service without a license issued under Minnesota Statutes, section 144E.10, the commissioner shall direct the provider to stop the violation immediately and shall report the violation to the commissioners of health and human services.
C.
The commissioner shall direct a provider that is found to be using a driver or attendant who has not completed the training required by part 8840.5910 or a driver or attendant who does not meet the standards provided in part 8840.5900 and Minnesota Statutes, section 174.30, to cease doing so, and the provider shall stop using the driver or attendant immediately. Before returning the driver or attendant to service, a provider must give the commissioner written evidence that the driver or attendant meets the requirements of parts 8840.5900 and 8840.5910.
D.
The commissioner shall direct a provider that is found to be using any other person associated with the organization in a way that violates parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, to cease doing so, and the provider shall stop using that person immediately. Before returning the person to service, the provider must give the commissioner written evidence that the person meets the requirements of parts 8840.5100 to 8840.6300 and Minnesota Statutes, section 174.30.
E.
When a provider is found to be using a vehicle equipped with a wheelchair lift, ramp, or securement system that does not meet the requirements of part 8840.5925, the provider shall not use that vehicle to provide transportation of passengers that require the use of such equipment until the provider submits written evidence to the department that the vehicle meets the requirements of part 8840.5925.
Subp. 2.
Violation determination.
After 15 days, the commissioner may conduct an inspection to determine whether the violation has been corrected. The provider may mail, deliver, or email evidence of compliance to the department or mail, deliver, or email notice that the vehicle has been removed from service. If an inspection report was issued, providers must mail, deliver, or email a copy of the inspection report when providing evidence of compliance.
Subp. 3.
Suspension.
A.
No provider may provide special transportation service or operate a special transportation service vehicle without correcting a violation of parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, as provided in subpart 1 or providing notice that a defective vehicle has been removed from service as provided in subpart 2. The commissioner may suspend a provider's certificate of compliance until the provider complies with parts 8840.5100 to 8840.6300 and Minnesota Statutes, section 174.30, if the commissioner determines a provider has:
(2)
operated a special transportation vehicle after the provider has been directed to remove the vehicle from service unless the defect has first been corrected;
(3)
used a driver or attendant after the provider has been directed by the commissioner to stop using the driver or attendant;
B.
In determining whether to suspend a provider's certificate of compliance under this subpart, the commissioner shall consider the severity of the violations, the ease or burden of remedying the violations, the number of violations found, the provider's history of the same types of violations, and the provider's history of other violations. The commissioner shall develop violation history review criteria and guidelines and post them on the department's website.
Subp. 3a.
Revocation.
The commissioner shall revoke the certificate of compliance of a provider who:
A.
provides special transportation service after the provider's certificate of compliance has been suspended or canceled;
Subp. 3b.
Consideration in determining revocation.
In making a determination under subpart 3a, the commissioner must consider:
B.
the seriousness of the violations including whether they resulted in, or were likely to result in, passenger injuries or vehicle accidents;
C.
the provider's history of violations including the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified; and
D.
other factors as justice may require if the commissioner specifically identifies the additional factors in the commissioner's order.
Subp. 3c.
Cancellation.
The commissioner shall cancel the certificate of compliance of a provider who:
Subp. 3d.
Application for another certificate after revocation.
If the commissioner revokes a provider's certificate, the provider may not apply for a new certificate for at least 180 days from the date of revocation.
Subp. 3e.
Application for another certificate after a false or fraudulent statement.
If the commissioner cancels a provider's certificate for knowingly having made a material statement that was false or fraudulent under subpart 3c, the provider is prohibited from reapplying for a new certificate for at least 180 days from the date of the cancellation.
Subp. 5.
Administrative orders and penalties.
The commissioner may issue an order requiring violations of the standards to be corrected or assessing monetary penalties as provided in Minnesota Statutes, section 174.30, subdivision 8. Minnesota Statutes, section 221.036, applies to orders issued under this part and a person who wishes to contest an order must follow the procedures in that section.
Subp. 6.
Notice of suspension, revocation, or cancellation.
The commissioner shall mail notice of suspension, revocation, or cancellation of a certificate of compliance under this chapter to the address listed on the provider's certificate of compliance by certified mail. The notice must include:
Statutory Authority:
MS s 174.30
History:
17 SR 634; L 1997 c 199 s 14; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5900 DRIVER QUALIFICATIONS.
Subpart 1.
Physical qualification.
No driver may operate a special transportation service vehicle providing special transportation unless the driver is physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraphs (a) and (b), which is incorporated by reference.
Subp. 5.
Evidence of physical qualification.
Before driving a special transportation service vehicle providing special transportation, a driver must have a valid medical examiner's certificate under Code of Federal Regulations, title 49, section 391.43, which is incorporated by reference, certifying that the driver meets the requirements in subpart 1. A copy of the medical examiner's certificate must be in the driver's possession while operating a special transportation service vehicle.
Subp. 6.
Waiver of physical qualification.
A person who is not physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraph (b), clause (1), (2), (3), (10), or (11), and who is otherwise qualified to drive a motor vehicle, may drive a special transportation service vehicle if the commissioner grants a waiver to that person under Minnesota Statutes, section 221.0314, subdivisions 3, 3a, and 3b. A copy of the waiver must be given to the provider who employs the driver and must be in the driver's possession while operating a special transportation service vehicle.
Subp. 7.
Other evidence of physical qualification.
A driver who has a valid commercial driver's license or a driver's license with a valid school bus endorsement issued under Minnesota Statutes, section 171.321, or the rules of the commissioner of public safety, may furnish the provider with a copy of that endorsement instead of furnishing the medical examiner's certificate described in subpart 5.
Subp. 8.
Ability to inspect vehicle and assist passenger.
Each driver must be able to perform a vehicle safety inspection. Each driver and attendant, when a vehicle is staffed by both a driver and an attendant, must be able to assist a passenger into and out of the vehicle and operate a wheelchair lift or ramp if the vehicle is equipped with it.
Subp. 9.
Driver's license.
A driver must have a driver's license valid for the class of vehicle driven.
Subp. 11.
Driving record.
A driver must, for the past three years:
A.
have not had a driver's license canceled under Minnesota Statutes, section 171.14, revoked under Minnesota Statutes, section 171.17, or suspended under Minnesota Statutes, section 171.18, clause (2), (3), (4), (5), (7), or (11);
B.
have a driving record clear of a conviction for driving a motor vehicle without a valid current license for the class of vehicle driven; and
C.
have a driving and criminal record clear of a conviction for driving under the influence of alcohol or a controlled substance under Minnesota Statutes, section 169A.20, or an ordinance in conformity with that section, of alcohol-related driving by commercial vehicle drivers under Minnesota Statutes, section 169A.20, and of driver's license revocations under Minnesota Statutes, sections 169A.51 to 169A.53.
Subp. 13.
Provider responsibility; employee's driver's license.
Before using or hiring a driver to provide special transportation service, a provider must obtain and review a copy of the driver's license and driving record showing that the driver has a valid driver's license and was not disqualified under this part at the time the review is performed.
Subp. 13a.
Provider responsibility; status of employee's driver's license.
The provider must annually obtain the driving record for each driver the provider employs, stating the driver is still not disqualified under this part.
Subp. 13b.
Provider responsibility; background study eligibility.
Before using or hiring a driver to provide special transportation service, a provider must review documentation from the Department of Human Services showing the driver is eligible or has received a set-aside from the commissioner of human services in compliance with the background study required under Minnesota Statutes, section 174.30, subdivision 10, paragraph (b). Upon receiving documentation that a driver who was previously eligible is no longer eligible, a provider shall immediately stop using the driver to provide special transportation service.
Subp. 15.
Provider responsibility; statement of physical qualification.
Before using or hiring a driver to provide special transportation service, a provider must obtain and review a copy of the statement of physical qualification or other evidence of physical qualification listed in subpart 5 or 6 that the driver meets the physical qualification in subpart 1.
Subp. 15a.
Provider responsibility; review of physical qualification.
The provider must review a copy of each driver's valid medical examiner's certificate or other evidence of physical qualification listed in subpart 5 or 6 as required in subpart 1. This review must be performed in such a way as to ensure the driver is not used to perform services without a current and valid medical examiner's certificate or other evidence of physical qualification. The provider must keep a record of this review in the driver's file under part 8840.6100.
Subp. 16.
Provider responsibility; failure to maintain qualification.
If, during the time a provider is using or employing a driver, the driver no longer meets the standards of this part, the provider shall immediately stop using or employing the driver as a special transportation vehicle driver or attendant and shall report the withdrawal, the reason the driver no longer meets the standards, or both, to the commissioner.
Subp. 17.
Complaint records.
A provider shall keep a record of a complaint, report, or allegation of misconduct made against a driver or attendant it uses or employs. The record must contain a copy of the complaint or report or a detailed written summary of the allegation. A provider shall investigate the accuracy of the complaint, report, or allegation and shall include a summary of the investigation and resulting action taken, if any, in the record. These records must be included in the driver's or attendant's file or in a separate file kept by the provider.
Statutory Authority:
MS s 174.30
History:
L 1984 c 654 art 5 s 58; 17 SR 634; L 1992 c 571 art 14 s 13; L 2000 c 478 art 2 s 7; L 2001 1Sp9 art 14 s 35; 28 SR 1578; L 2014 c 180 s 9; L 2015 c 71 art 11 s 65; 48 SR 155
Published Electronically:
September 14, 2023
8840.5910 DRIVER AND ATTENDANT TRAINING REQUIREMENTS.
Subpart 1.
Training required before providing special transportation service.
Before providing special transportation service, each driver and attendant must complete:
B.
instruction in operating the radio, cellular telephone, or other means of two-way communication required by part 8840.5925, subpart 1, item D;
C.
instruction and demonstration in operating the vehicle ramp, wheelchair lift, and wheelchair securement devices, if the vehicle is so equipped;
D.
instruction in what to do and whom to call in a medical emergency or an accident, including training in the use of the fire extinguisher and use of emergency triangles under part 8840.5950, subpart 4;
E.
except for attendants, instruction in conducting the daily vehicle inspection required by part 8840.5950, subpart 1, item B;
F.
instruction in maintaining the cleanliness of the vehicle, sanitization of the vehicle, and use of the body fluids cleanup kit under part 8840.5925, subpart 1, item C; and
G.
for drivers, evaluation of behind-the-wheel skills, including defensive driving, merging, lane changing, right turns, left turns, backing, railroad crossing, and parking.
Subp. 2.
Additional training required.
Within 45 days after beginning to provide special transportation service, each driver and attendant shall complete:
A.
four hours of training in first aid, except that this requirement does not apply to a person who possesses a current first aid certificate taught by a certified instructor using a certified course under part 8840.6200 or who possesses a current certificate issued under Minnesota Statutes, section 144E.27;
Subp. 4.
First aid training.
Each driver and attendant shall successfully complete a first aid or emergency-care course of not less than four hours that must include instruction in:
F.
recognition of sudden illness such as stroke, heart attack, convulsions, fainting, and seizures;
H.
mental health first aid, including recognizing signs of a mental health emergency or panic attack; and
Subp. 5.
Passenger assistance training.
Each driver and attendant who transports passengers seated in wheelchairs or who assists passengers in transferring from a wheelchair to a vehicle shall complete a minimum of eight hours of training in the techniques of transporting and assisting the elderly and passengers with physical disabilities. Passenger assistance training must include:
A.
discussion of functional limitations of the aging process and major disabling conditions and how those conditions affect mobility and communication, including:
B.
description of the uses, functions, and limitations of assistive devices used by the elderly and persons with disabilities and the means of providing assistance to persons using those devices as well as securing those devices and periphery items such as baggage, oxygen tanks, and other medical equipment;
C.
discussion of attitudes toward the elderly, children, and persons with mental and physical disabilities, which, when possible, includes the participation of the elderly and persons with disabilities;
D.
discussion of strategy and available resources for situations where communications may be limited due to language barriers;
E.
discussion of the effect of mobility impairments, medication, mental health, and past experiences on passengers and how to behave in a sensitive and professional manner;
F.
discussion, demonstration, and practice by students in methods of:
(1)
handling wheelchairs, including moving wheelchairs up and down steps, curbs, ramps, and lifts;
G.
if the service transfers passengers from a wheelchair to a seat, discussion and demonstration of communicating with, moving, lifting, and transferring passengers, including assisted and unassisted transfers, two-handed transfers, and standing transfers;
H.
instruction in guidelines for appropriate handling of a vehicle transporting persons with disabilities that includes instruction that passengers may have balance or mobility problems and may not be able to grab railings or brace themselves for sudden stops, sharp turns, or other uneven or abrupt maneuvers;
I.
discussion and demonstration of placing the assistive devices, operating the lifts, ramps, and wheelchair securement devices, and using them if the vehicle to be operated is equipped with them;
J.
discussion and demonstration of the assistance to be offered to ambulatory passengers, including assistance for standing, sitting, and going up and down steps and curbs;
L.
discussion of communicating safety concerns related to assistive and mobility devices during transportation.
Subp. 5a.
Stretcher transportation assistance training.
In addition to the training required under subpart 5, each driver and attendant who transports passengers on a stretcher shall complete a minimum of two hours of training in the techniques of transporting the elderly and passengers with disabilities who use or require a stretcher for transportation.
Subp. 6.
Ambulatory passenger assistance training.
Each driver and attendant who transports the elderly and passengers with physical disabilities who do not use stretchers or wheelchairs, or who transports passengers who do not transfer from a wheelchair to a seat in the vehicle, shall complete a minimum of four hours of training in the techniques of transporting and assisting the elderly and passengers with physical disabilities. The training must include instruction in the elements listed in subpart 5, items A to E and H to L.
Subp. 6a.
Child passenger restraint system training.
Each driver and attendant who transports passengers that require a child passenger restraint system shall complete a minimum of three hours of training in the techniques of the use of child passenger restraint systems and securement of child passengers.
Subp. 8.
Abuse-prevention training.
Each driver and attendant shall successfully complete an abuse-prevention training course of not less than four hours that must include instruction in statutes, rules, and applicable procedures relating to:
Subp. 9.
Refresher course and continuing education.
Each driver and attendant shall successfully complete within three years from the date the driver or attendant completed the training required in subpart 2, and every three-year period thereafter:
A.
a four-hour refresher first aid or emergency-care course, which must include instruction in the elements listed in subpart 4;
C.
two hours of training in securement for the modes of transportation the driver or attendant provide;
Subp. 10.
Commissioner to consider training equivalents.
If a provider employs a driver or attendant who has previously completed a training the provider believes is equivalent to, or is more extensive than, the requirements of this part, the provider may submit evidence to the commissioner. The commissioner shall follow the same procedures as in part 8840.6200 in determining whether the training taken meets or exceeds the requirements of this part. The commissioner shall send the requesting provider written notification of the decision within 30 days. If the training is found to meet or exceed the requirements of this part, the provider must keep the commissioner's notification in the affected driver's or attendant's file.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; L 2005 c 56 s 2; L 2013 c 62 s 32; 48 SR 155
Published Electronically:
September 14, 2023
8840.5925 VEHICLE EQUIPMENT.
Subpart 1.
Safety equipment.
When in use, each vehicle must carry the following safety equipment:
A.
The vehicle must carry a fully charged, dry chemical, fire extinguisher that has not less than a 5B:C rating and a gauge indicating the charge level of the fire extinguisher. Passenger automobiles that are not vans may carry the fire extinguisher in the trunk of the vehicle if the following notice is affixed to the dashboard of the vehicle: "A fire extinguisher is in the trunk of this vehicle." In other vehicles, the fire extinguisher must be securely mounted in a bracket and readily accessible to the driver in case of emergency.
B.
The vehicle must carry an emergency first aid kit in a dust-proof container, labeled "FIRST AID." The kit must contain at least the following items:
C.
The vehicle must carry a body fluids cleanup kit in a dust-proof container. The kit must be labeled in a way that indicates it is a body fluids cleanup kit.
D.
The vehicle must be equipped with a working radio, cellular telephone, or other means of two-way communication. If a cellular telephone is used to satisfy this requirement, the vehicle must meet the hands-free standards under Minnesota Statutes, section 169.475.
F.
When a vehicle carries a child under the age of eight and shorter than four feet nine inches, the child must be transported in a manner that complies with Minnesota Statutes, section 169.685.
G.
When necessary for securement of passengers, the vehicle must include a seat belt extender that meets the specifications of the manufacturer.
H.
The vehicle must carry three emergency warning triangles. Both faces of each triangle must consist of red reflective and orange fluorescent material. Each of the three sides of the triangular device must be 17 to 22 inches long and two to three inches wide. The units must be kept clean and in good repair and stored so as to be readily available when needed.
I.
Each vehicle must carry an ice scraper from October 1 to April 30, and each vehicle must carry a blanket at all times.
K.
The vehicle must carry a tool designed and used for cutting securement straps. The tool must not have an exposed sharp edge or be of a type that could be used as a weapon.
Subp. 2.
Seats.
Seats must be securely fastened to the floor or frame of the vehicle. Vehicles, except type I school buses, displaying a current certificate issued by the commissioner of public safety, must have a usable seat belt for each person being transported and for the driver.
Subp. 3.
Ramps.
Ramps must have a slip-proof surface to provide traction. One end of the ramp must be secured to the floor of the vehicle when the ramp is in use. Ramps must conform to the requirements of Code of Federal Regulations, title 49, section 38.23, paragraph (c), which is incorporated by reference.
Subp. 4.
Wheelchair lifts, requirements.
A vehicle that is equipped with a wheelchair lift and carries semiambulatory persons who use the wheelchair lift must be equipped with either a wheelchair lift with an adjustable or removable railing 28 inches to 36 inches high on one side of the lift or with a folding wheelchair stored on the vehicle when it is in use.
A wheelchair lift must conform to the requirements of Code of Federal Regulations, title 49, section 38.23, paragraph (b), which is incorporated by reference.
Subp. 5.
Securement devices.
Vehicles that carry occupied stretchers or litters must comply with requirements for securement devices in Minnesota Statutes, section 144E.103, and the federal ambulance standards as they apply to stretcher or litter securement devices referenced in part 4690.1500, subpart 2. Vehicles that carry wheelchairs must comply with the requirements for securement devices in parts 7450.0100 to 7450.0800.
Subp. 6.
Vehicle identification.
Every vehicle must display on both sides the provider's business name and the provider's United States Department of Transportation (USDOT) number. The name and numbers must be marked in colors that sharply contrast with the background, be readily legible during daylight hours from a distance of 50 feet while the vehicle is stationary, and be maintained in a manner that retains the legibility of the markings. The markings may be shown by use of a removable device if that device meets the identification and legibility requirements of this subpart.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5940 VEHICLE CONSTRUCTION STANDARDS.
Subpart 1.
Rollover protection.
This subpart applies to all kinds of vans and buses but does not apply to passenger cars, taxis, or station wagons. A special transportation service vehicle must meet federal motor vehicle safety standard number 216 or 220, roof crush resistance or school bus rollover protection, found in Code of Federal Regulations, title 49, sections 571.216 and 571.220, which are incorporated by reference. For a vehicle subject to this subpart, the provider must obtain from the manufacturer or from the person who manufactures, constructs, or reconstructs the roof of the vehicle, certification that the vehicle meets the requirements of federal motor vehicle safety standard number 216 or 220. The certification must be in a form prescribed by the commissioner and must contain the following information:
C.
a statement that the vehicle was constructed according to standards that have been tested and found to meet the performance requirements for roof crush resistance or school bus rollover protection established by federal motor vehicle safety standard number 216 or 220.
Subp. 1a.
Evidence for vehicle with remanufactured roof.
If the roof of the vehicle has been altered, the certification must contain:
C.
a statement from the person who alters the roof of the vehicle that the vehicle was constructed according to standards that have been tested and found to meet the performance requirements for rollover protection established by federal motor vehicle safety standard number 220;
D.
the name, address, and telephone number of the manufacturer or person who altered the roof of the vehicle;
E.
the name, address, and telephone number of the laboratory or testing facility that conducted tests on the manufacturer's or other person's test specimen and certified that a vehicle built to the design and construction standards used in the test specimen meets the performance requirements of federal motor vehicle safety standard number 220;
G.
the name, address, and telephone number of the provider to whom the vehicle described on the form was supplied.
Subp. 1b.
Alternative evidence for vehicle with remanufactured roof.
Instead of the statement prescribed in this part, the provider may submit to the commissioner literature, letters, and memoranda from the manufacturer or other person who constructs or reconstructs the vehicle or from the testing facility if those documents establish that the vehicle meets the performance standards of federal motor vehicle safety standard number 220.
Subp. 2.
Emergency exits.
If a vehicle is equipped with a wheelchair lift, it must have a front entrance door in addition to the lift door.
If a vehicle is designed to carry more than ten persons, it must comply with the requirements of federal motor vehicle safety standard number 217, found in Code of Federal Regulations, title 49, section 571.217, which is incorporated by reference.
If a vehicle is designed to carry ten or fewer persons, it must also be constructed with one of the following:
C.
a rear exit door that can be opened from both the inside and the outside of the vehicle.
The location of exits must be marked on the interior and exterior of vehicles except for passenger cars, taxis, and station wagons.
Subp. 4.
Doors and windows.
Doors and windows must open and close as intended by the manufacturer.
Subp. 5.
Door heights.
This subpart applies to all kinds of vans and buses but does not apply to passenger cars, taxis, and station wagons. The door height of vehicles must conform to the requirements of Code of Federal Regulations, title 49, section 38.25, paragraph (c), which is incorporated by reference.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5950 STANDARDS FOR OPERATION OF VEHICLES.
Subpart 1.
Operation.
Standards for vehicle operation are as follows:
A.
Vehicles must be operated in compliance with Minnesota Statutes, chapter 169, and rules adopted under that chapter.
B.
Providers shall conduct or cause to be conducted, a daily visual safety inspection. The provider shall maintain a record that shows the date and mileage at each safety inspection and a notation of needed repairs and replacements. The record must be maintained on a form prescribed by the commissioner or on a form that contains the same information. The safety inspection must include inspection of the:
(10)
if applicable, wheelchair ramps and lifts and lift electrical systems, lubrication points, and fluid reservoirs; and
Subp. 2.
Smoking.
Smoking and vaping are prohibited in vehicles at all times. A sign stating "NO SMOKING" must be posted in the vehicle so that it is visible to all passengers. If this subpart is violated, the provider must have the vehicle thoroughly cleaned so as to be odor free before returning the vehicle to service.
Subp. 3.
Seat belts.
Drivers and passengers shall use seat belts at all times. Drivers shall instruct each passenger to use the seat belt. Before pulling away from a stop, drivers shall make sure that passengers are seated with seat belts secured. Children under the age of eight and that are shorter than four feet nine inches shall use approved child-restraint systems at all times. This subpart does not apply to persons exempted by Minnesota Statutes, sections 169.685, subdivision 6, paragraph (b), and 169.686, subdivision 2, clause (3).
Subp. 3a.
Heating and air-conditioning.
All heating and air-conditioning units the vehicle is equipped with must be functional.
Subp. 4.
Emergency stopping.
When a vehicle is stopped for an emergency purpose or is disabled on the roadway or shoulder of a highway outside a business or residence district during the time when lighted lamps must be displayed, the driver shall promptly place an emergency warning triangle on the roadway on the traffic side of the vehicle ten feet from the vehicle in the direction of approaching traffic. A second emergency warning triangle must be placed approximately 100 feet from the vehicle in the direction of approaching traffic. If the vehicle is stopped or disabled on a one-way roadway, the driver shall place an additional warning triangle approximately 200 feet from the vehicle in the direction of approaching traffic.
Subp. 5.
Emergency policy.
Each provider shall develop a written policy that describes what action the driver or attendant must take in the event of an accident or emergency. If a driver or attendant fails to follow this written policy, the driver or attendant must retake the training under part 8840.5910, subpart 1, item D, before the driver or attendant can be used by the provider to perform special transportation service.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.5975 STANDARDS FOR MAINTENANCE.
Subpart 1.
Maintenance.
Standards for vehicle maintenance are as follows:
A.
Vehicles must be maintained in accordance with the manufacturer's recommended maintenance schedule or an improved schedule based on actual vehicle operating conditions.
B.
Providers shall correct a deficiency that might interfere with the safe operation of the vehicle before the vehicle is placed in service.
D.
The interior of vehicles must be kept clean so as to be free from debris, tripping hazards, dirt, grease, body fluids, and other offensive matter and in good repair.
Subp. 2.
Wheelchair lifts.
Wheelchair lifts must be maintained in conformance with the manual and instructions provided by the lift manufacturer. When the provider has the vehicle serviced, it shall instruct the mechanic or service facility to inspect, repair, or service the lift in accordance with the manufacturer's instructions.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.6000 INSURANCE.
Subpart 1.
Minimum coverage.
A provider shall have in effect an insurance plan that provides the following minimum coverage for each vehicle:
Subp. 2.
Certificate of insurance.
A provider shall obtain a certificate of insurance for the special transportation service vehicles it operates, on a form E, "Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance," incorporated by reference in part 8840.5500. The provider's insurer shall mail the certificate of insurance to the Minnesota Department of Transportation as required by part 8840.5500, subpart 2, item B, subitem (1).
Subp. 3.
Self-insurer.
A provider may qualify as a self-insurer by providing evidence that it has complied with the requirements of Minnesota Statutes, section 65B.48, subdivision 3.
Subp. 4.
Cancellation of insurance.
A certificate of insurance, form E filing, may only be canceled by filing with the commissioner a form K, "Uniform Notice of Cancellation of Motor Carrier Insurance Policies," under Code of Federal Regulations, title 49, part 1023, Appendix (1992), which is incorporated by reference except for the last paragraph of form K. A cancellation notice takes effect 30 days from the day the form K is received by the commissioner. The provider's insurer shall mail the certificate of insurance to the Minnesota Department of Transportation.
Subp. 5.
Grounds for suspension.
A certificate of compliance is suspended if the provider fails to maintain and file with the commissioner the insurance required by this chapter. In order to avoid cancellation of the certificate, the provider must do one of the following within 45 days from the date of suspension:
Subp. 6.
Suspension rescission.
If the provider complies with the requirements of this chapter within 45 days after the date of suspension, the commissioner shall rescind the suspension.
Subp. 7.
Hearing.
If the provider requests a hearing within 45 days after the date of suspension, the commissioner shall review the suspension and:
C.
schedule a hearing to ascertain whether the provider has failed to comply with the rule. On determining at the conclusion of the hearing that the carrier has failed to comply with the rule, the commissioner shall cancel the provider's suspended certificate.
Subp. 8.
Grounds for cancellation.
Except as provided in subpart 10, failure to comply with the requirements of subpart 5 within 45 days of the date of suspension, is deemed abandonment of the provider's certificate and the certificate must be canceled by the commissioner.
Subp. 9.
Notice of cancellation.
The commissioner shall notify the provider by certified mail, return receipt requested, that the certificate is canceled effective on the date of mailing the notice of cancellation.
Subp. 10.
Reinstatement after cancellation.
A provider whose certificate is canceled for failure to comply with the insurance requirements may ask the commissioner to review the cancellation. Upon review, the commissioner shall rescind the cancellation if:
A.
the provider presents evidence showing that before the effective date of the notice of cancellation issued under subpart 9, the provider had obtained and paid for the insurance required by this chapter; and
B.
the commissioner is satisfied that the provider has complied with the insurance requirements of this chapter.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.6100 RECORDS.
Subpart 1.
Availability to commissioner.
A provider shall keep the records required in this chapter and in Minnesota Statutes, section 174.30. The records must be kept on a form prescribed by the commissioner or on a form that contains the same information as the commissioner's prescribed form. Records may be kept electronically but must be kept in such a manner that they may be presented upon request by the commissioner at the provider's principal place of business.
Subp. 3.
Drivers.
A provider shall maintain for each driver, a file that contains the following information:
C.
whether the driver's record meets the standards of part 8840.5900, subpart 11, the date the driver's record was last checked, and the name of the person who checked the driver's record;
E.
the certificate of course completion showing that:
(1)
the driver successfully completed at least four hours of training in first aid as required by part 8840.5910, subpart 4, or a certificate showing completion of one of the courses described in part 8840.5910, subpart 2, item A;
(2)
the driver successfully completed training in the techniques of transporting and assisting the elderly and passengers with physical disabilities as required by part 8840.5910, subpart 5 or 6, whichever is applicable;
F.
a statement that must:
(1)
be signed by the person who conducted the review of a driver's criminal and driving record as required by part 8840.5900, subparts 13 and 13a;
(2)
contain the date the driver's records were checked, the driver's full name and date of birth, and the list of disqualifying offenses, if any;
(3)
state whether the driver was found to meet the standards of part 8840.5900, subparts 10 and 11;
(4)
if the driver was found not to meet the standards in subitem (3), contain the date the driver became disqualified, the reason for the disqualification, and the date the commissioner was notified; and
G.
for each driver, the medical examiner's certificate or other alternate information allowed under Minnesota statutes or rules and a copy of the documents providing that information; and
H.
for each driver, documentation from the Department of Human Services determining the eligibility of the driver under the background study required by Minnesota Statutes, section 174.30, subdivision 10, paragraph (b).
Subp. 4.
Attendants.
A provider shall maintain for each attendant, a file that contains the following information:
B.
the date the attendant first provided assistance in special transportation service for the provider;
C.
the certificate of completion showing that:
(1)
the attendant successfully completed at least four hours of training in first aid as required by part 8840.5910, subpart 4, or a certificate showing completion of one of the courses described in part 8840.5910, subpart 2, item A;
D.
for each attendant, documentation from the Department of Human Services determining the attendant's eligibility.
Subp. 5.
Correspondence with commissioner.
A provider shall maintain files that contain all correspondence with the commissioner, including the certificate of compliance.
Subp. 6.
Accidents.
A provider shall maintain files that contain all accident records, including for each accident the following information:
H.
whether the driver was convicted of a moving violation for driving conduct that led to the accident; and
I.
copies of all accident reports required by state or other governmental entities or insurers. "Accident" means an occurrence involving a motor vehicle that results in:
(2)
bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(3)
one or more motor vehicles incurring disabling damage as a result of the accident, requiring that a motor vehicle be transported away from the scene by a tow truck or other motor vehicle.
Subp. 7.
Insurance claims.
A provider shall maintain files that contain a record of insurance claims arising from the operation of the vehicle or a photocopy of claims documents submitted to an insurer.
Subp. 8.
Vehicle and wheelchair lift service records.
A provider shall maintain files that contain service records for each vehicle and wheelchair lift indicating the date, the odometer reading, and the nature of the inspection, repair, or maintenance each time the vehicle or wheelchair lift was serviced.
Subp. 8a.
Trip records.
A provider shall maintain files that contain records of the date, time, and driver name for each special transportation service trip provided under the provider's certificate of compliance.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; L 2005 c 56 s 2; 48 SR 155
Published Electronically:
September 14, 2023
8840.6200 CERTIFICATION OF TRAINING COURSES AND INSTRUCTORS.
Subpart 1.
Commissioner approval.
Training courses and instructors must be approved by the commissioner before being offered to fulfill the requirements of parts 8840.5100 to 8840.6300.
Subp. 2.
Application form.
The application for approval of a training course and instructor must be made on a form prescribed by the commissioner.
Subp. 3.
Minimum standards.
The commissioner shall approve a course and instructor if they meet the following minimum standards:
A.
The course must include instruction, demonstration, discussion, and, when applicable, an opportunity for student practice in the elements required by these standards.
C.
The name, address, employment, and relevant training of the instructor must be shown, and information showing that the instructor meets the standards under subpart 4.
Subp. 4.
Instructors.
Standards for instructors are as follows:
A.
A first aid course must be taught by any person who is a licensed physician, registered nurse, licensed practical nurse, a paramedic, an emergency medical technician, a certified first aid instructor, or a physician assistant.
B.
Passenger assistance training must be taught by a person who is a licensed physician; registered nurse; registered physical therapist; registered occupational therapist; public health nurse as defined in Minnesota Statutes, section 145A.02, subdivision 18; or other person who has had work experience interacting with people who have disabilities, aging, and communication disorders, and how those disabilities, aging, and communication disorders may affect transportation; or by a team that includes one of those persons.
C.
Training required before providing special transportation service and continuing education courses must be taught by a person who is knowledgeable in the specific topic of instruction for the course. The person's qualifications must be documented by specialized training in the subject matter, experience in teaching the subject matter, or experience in working in the subject areas.
Subp. 5.
Written answer.
The commissioner shall grant or deny, in writing, applications for approval of training courses and instructors within 30 days of receipt of the complete application.
Subp. 5a.
Certification expiration.
Certification of a course or instructor expires three years from the date it is issued.
Subp. 7.
Certificate of course completion.
For each training course given under part 8840.5910, a certificate of course completion must be completed by the instructor or the sponsoring organization for each driver and attendant who successfully completed the training course.
Subp. 8.
Application information kept current.
An instructor, while certified, must notify the commissioner in writing of any change in the application information.
Statutory Authority:
MS s 174.30
History:
L 1987 c 309 s 24; 17 SR 634; 28 SR 1578; L 2014 c 291 art 4 s 58; 48 SR 155
Published Electronically:
September 14, 2023
8840.6250 AUDIT OF COURSES.
Subpart 1.
Auditing authority.
The commissioner may audit courses approved under part 8840.6200. The audit may include course inspection, classroom observation, review of instructor qualifications, and student interviews. Instructors must provide upon the commissioner's request the date, time, and location of upcoming courses.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.6300 VARIANCE.
Subpart 1.
Elements.
The commissioner may grant a variance from parts 8840.5100 to 8840.6300, except part 8840.5400. To request a variance, an applicant must submit a petition containing all information required by Minnesota Statutes, section 14.056, subdivision 1, and demonstrate that:
A.
the rationale for the rule or rules in question can be met or exceeded by the specific alternative practice which the applicant proposes to substitute;
Subp. 1a.
Consultation with Council on Disability.
Before granting a variance, the commissioner shall consult with the Minnesota State Council on Disability. The commissioner shall provide to the council a copy of the variance application, documents filed by the provider or other persons that support or oppose the variance, and other material that the commissioner intends to consult in deciding whether to grant or deny the variance. The commissioner shall not provide information that is classified as private, confidential, nonpublic, or protected nonpublic data under the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13. The commissioner shall transmit the relevant information to the council on receipt of the variance application and shall tell the council when the 30-day period for granting or denying the variance will expire. If the council chooses to make a recommendation to the commissioner, it shall do so in writing at least seven days before the 30-day period expires.
Subp. 2.
Written answer in 30 days.
The commissioner shall set forth in writing the reasons for granting or denying the variance within 30 days of receiving the application. If the variance is denied, the applicant may, within 30 days of receiving notice of the denial, request a contested case hearing. The commissioner shall notify the Minnesota State Council on Disability of each grant or denial of a variance and each request for a contested case hearing on a variance denial.
Subp. 3.
Compliance.
Any special transportation service provider that is granted a variance shall comply with the alternative practice specified in its successful application for a variance.
Subp. 4.
Material change in circumstances.
Any special transportation service provider that has been granted a variance shall immediately notify the Department of Transportation if any material change occurs in the circumstances which justified granting the variance.
Subp. 5.
Revocation of variance.
A variance must be revoked if a material change occurs in the circumstances that justified the variance or if the applicant fails to comply with the alternative practice specified in the application for a variance. The commissioner shall notify the Minnesota State Council on Disability of each variance revocation.
Statutory Authority:
MS s 174.30
History:
17 SR 634; 28 SR 1578; 48 SR 155
Published Electronically:
September 14, 2023
8840.6400 ADMINISTRATIVE HEARING.
A person who disagrees with a decision or order of the commissioner issued pursuant to this chapter may request a contested case hearing. The request for a contested case hearing must be submitted in writing to the commissioner within 30 days, or within 45 days if submitted pursuant to part 8840.6000, subpart 7, of the date of the commissioner's decision or order. The request for a contested case hearing must set out in detail the reasons why the person contends the decision of the commissioner should be reversed or modified. If the commissioner receives a written request for a contested case hearing, the commissioner must schedule a hearing within 30 days after the request is received under the procedures in Minnesota Statutes, chapter 14, and the rules of the Office of Administrative Hearings.
Unless otherwise provided by law, a demand for a hearing does not stay the effective date of a suspension, revocation, or cancellation order.
The decision of the administrative law judge will be submitted to the commissioner for the commissioner's adoption. The commissioner's decision on the issue under appeal is the final decision of the department.
Statutory Authority:
MS s 174.30
History:
28 SR 1578
Published Electronically:
October 11, 2007
Official Publication of the State of Minnesota
Revisor of Statutes