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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules regarding the requirements for:
(a) a school license, including requirements concerning:
(i) locations;
(ii) equipment;
(iii) courses of instruction;
(iv) curriculum on air quality, based on data and information provided by the Division of Air Quality, including:
(A) instruction on ways drivers can improve air quality; and
(B) the harmful effects of vehicle emissions;
(v) instructors;
(vi) previous records of the school and instructors;
(vii) financial statements;
(viii) schedule of fees and charges;
(ix) character and reputation of the operators and instructors;
(x) insurance as the commissioner determines necessary to protect the interests of the public; and
(xi) other provisions the commissioner may prescribe for the protection of the public; and
(b) an instructor's license, including requirements concerning:
(i) moral character;
(ii) physical condition;
(iii) knowledge of the courses of instruction;
(iv) motor vehicle laws and safety principles and practices;
(v) previous personnel and employment records; and
(vi) other provisions the commissioner may prescribe for the protection of the public;
(c) applications for licenses; and
(d) minimum standards for:
(i) driving simulation devices that are fully interactive under Subsection 53-3-505.5(2)(b); and
(ii) driving simulation devices that are not fully interactive under Subsection 53-3-505.5(2)(c).
(2)
(a) Rules made by the commissioner may not require observation time to observe the instructor, another student driver, or another road user.
(b) The prohibition on rulemaking described in Subsection (2)(a) does not prohibit a commercial driver education school or other driver education program from including observation time as part of a driver education curriculum.
(3) Rules made by the commissioner shall require that a commercial driver training school offering motorcycle rider education meet or exceed the standards established by the Motorcycle Safety Foundation.
(4) Rules made by the commissioner shall require that an instructor of motorcycle rider education meet or exceed the standards for certification established by the Motorcycle Safety Foundation.
(5) The commissioner may call upon the state superintendent of public instruction for assistance in formulating appropriate rules.