N.Y. Comp. Codes R. & Regs. tit. 15 § 138.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 138.10 - Sponsoring agency course administration

An approved sponsoring agency must:

(a) perform all administrative functions in connection with the course in accordance with this Part and applicable law;

(b) approve instructors who are qualified in accordance with the standards set out in section 138.7 of this Part prior to their teaching the course;

(c) approve delivery agencies in accordance with standards set out in section 138.6 of this Part;

(d) apply to the department for approval based on standards set out in section 138.4 of this Part for any proposed additions or deletions to an approved course curriculum;

(e) allow and enable the department to audit the program records of the approved course and to monitor and evaluate any and all portions of the program during reasonable business hours;

(f) notify the department in writing within 30 business days of any suspension or revocation of approval of a delivery agency or instructor when the suspension or revocation resulted from a violation of any provision of this Part;

(g) advertise its course in compliance with the requirements set out in section 138.13 of this Part;

(h) maintain student completion records for a period of three years and provide duplicate completion certificates if necessary upon request. Student records shall include at least the following information:

(1) student's complete name and motorist identification number as it appears on the driver's license;

(2) student's date of birth;

(3) student's current mailing address;

(4) student's dates of enrollment, re-enrollment, if applicable, and course completion; and

(5) student security document number;

(i) monitor and oversee actions taken by the delivery agencies and/or instructors with respect to the conduct of the course;

(j) issue course completion certificates within 45 business days of course completion to each and every motorist who successfully completes the course;

(k) report each and every motorist who successfully completes the course to the department within 60 business days of course completion;

(l) assist the department in maintaining a database of active delivery agencies and instructors of the sponsoring agency by supplying the department with a complete list of active delivery agencies and instructors (i.e., those who have taught the course at least once in the prior 12 months) four times annually electronically in a manner prescribed by the commissioner; such lists shall include information such as instructor name, address, date of birth, telephone number, social security number, date of instructor training, date of approval, date of re-certification, if applicable, delivery agency code, classroom locations and names of delivery agency contact persons;

(m) comply with the Americans with Disabilities Act to the extent applicable;

(n) collect class schedules from delivery agencies no less than 30 days prior to holding any class;

(o) provide the department, upon request, with a schedule of class dates, times, instructor names, and locations;

(p) ensure that the course is conducted in a serious and professional manner;

(q) approve all classroom space in accordance with section 138.8 of this Part;

(r) submit to the department Federal employer tax identification numbers and/or Federal social security account numbers for all delivery agency owners, managers, instructors and employees of the delivery agency and sponsoring agency, as required by Tax Law, section 5(2);

(s) submit to the department proof of workers' compensation and/or disability benefits insurance, as required by Workers' Compensation Law and Disability Benefits Law;

(t) provide each instructor with an instructor manual during instructor training and each student with a workbook during class;

(u) implement a system of preventing, detecting and responding to allegations of fraud and violations of this Part; this shall include but not be limited to regular on-site monitoring of delivery agencies, instructors, and classroom facilities, contacting a sampling of students to ensure class attendance and quality delivery, reviewing class rosters and sign-in sheets for inaccuracies and peculiarities when submitted by agencies, periodically pull and review records, and do away with pre-signed temporary completion certificates;

(v) pre-approve receipts to be issued to every student by delivery agencies at the conclusion of the course in lieu of temporary certificates; the receipts are to be used only as an acknowledgment of the payment of course fees and attendance for the minimum number of hours required by law, and shall not be used as a substitute for official completion certificates; such receipts must be legible and include the sponsoring agency's name and telephone number, delivery agency's name and telephone number and code number, class date, time and location, and instructor's full name; and

(w) monitor all delivery agencies and instructors. In any case where evidence of impropriety exists, the sponsoring agency shall take steps to correct the impropriety. Where allegations of fraudulent or criminal activity (including, but not limited to, false advertising, short classes, issuing completion credit or certificates to those not legally entitled) are presented, the sponsoring agency shall provide timely notification to the department and, upon request, investigate the matter. A delivery agency or any delivery agency employee or instructor shall not be used as a resource by a sponsoring agency for the purpose of investigating the alleged fraud or criminal activity of delivery agencies or instructors.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.10