N.Y. Comp. Codes R. & Regs. tit. 15 § 76.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 76.1 - Applications

(a) Every person desiring to engage in the business of conducting a drivers' school shall, prior to engaging in such business, secure a license for such purpose. Applications for a license, either original or renewal, must be made on forms prescribed therefor by the Commissioner of Motor Vehicles. Such forms may be obtained from the Department of Motor Vehicles public website.

(b) Applications should be filed at the drivers' school unit in the central office of the Department of Motor Vehicles, Albany, New York.

(c) Contents of application.

(1) If an application is made by an individual, it must be signed and sworn to by such individual. In the case of a corporation, the application must be signed and sworn to by an officer and the holders of 20 percent or more of the shares thereof, and shall have attached thereto a list of the directors and such shareholders with their names and addresses. In the case of an association, the application shall be signed and sworn to by the president or other chief officer of the association and by the secretary thereof. In the case of a partnership, the application must be signed and sworn to by all partners.

(2) Each application shall also set forth the name and address of a person designated as the manager of the business, who shall be responsible for the daily operation of the drivers' school; and the application shall also be signed him unless he shall be one of the same persons otherwise required by the provisions of the preceding paragraph to sign the same. In the case of an individual proprietorship, the proprietor, and in the case of a partnership, one of the partners, may be designated as the manager; in all other cases, the person designated as the manager shall be a regular employee of the applicant, whether as an officer thereof or otherwise, performing the functions of a manager of the business.

(3) The application must be fully completed, including the names and addresses of all certified instructors and, if the applicant, officer, partner, manager or other person signing the same as required has ever used or has ever been known by another name, such name or names must be listed on the application.

(4) A copy of each form used or required pursuant to section 76.8 of this Part must be submitted to the department for approval when application is made.

(5) As part of an original application, a certified copy of certificate of assumed business name, a certified copy of business entity formation documents, or copy of the filing receipt having been obtained from the Secretary of State's office must be submitted. If none of the above documents apply to the applicant, a certified copy of a business certificate having been obtained from the County Clerk's office must be submitted with the application. As part of a renewal application, such certificate or filing receipt must be submitted only in the event that the business is to be conducted under an assumed name different than the name under which the business was previously conducted.

(6) Unless such drivers' school shall have been so licensed prior to the effective date of this Part, no license will be issued to a drivers' school under a name or title which is the same as the name or title of any other school holding a license or is a name or title so similar to the name or title of a school holding such license as to tend to confuse or deceive.

(d) Fees.

(1) Each original application for a license to conduct a drivers' school must be accompanied by the appropriate application fee, which shall in no event be refunded.

(2) After approval of an original application, a license will be issued upon payment of the appropriate license fee.

(3) The appropriate fee for a renewal of a license must accompany the renewal application. If such application is made prior to the expiration of the last license issued or renewed and such application results in approval by the department, the license shall be valid through the last day of the 24th month starting from the expiration date of the last license issued or renewed. If application for renewal is made within six months following the expiration date of the last license issued or renewed and such application results in approval by the department, such license shall be valid from its issuance date through the last day of the 23rd month after issuance.

(4) All fees must be paid by check, money order, or other payment method as specified by the commissioner.

(5) Neither surrender nor revocation or suspension of a license during any license or license renewal period shall entitle the holder to any refund on account of the fees paid therefor.

(e) A drivers' school, which has been licensed for at least five years without any suspension or revocation of its license by this department and which has conducted the pre-licensing course or other governmental authorized educational program, in each of the five years preceding the date of application to self-certify and to offer the 30-hour course, may apply to administer the instructor's written test, road sign and road tests, to collect a visual acuity report conducted by a health care professional listed in section 5.2(d) of this Title, and to certify that an applicant for a Drivers' School Instructor's Certificate (MV-524) has passed such tests. Such application shall list the names and addresses of all instructors who shall administer such tests and shall be amended whenever an instructor is added to or deleted from such list. The 30-hour course shall be conducted according to a curriculum supplied and monitored by the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.1

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff.9/7/2016