N.Y. Comp. Codes R. & Regs. tit. 15 § 141.5

Current through Register Vol. 46, No. 36, September 4, 2024

Section 141.5 - Adm course approval

(a) An organization which proposes to offer an ADM course for point and insurance reduction benefits must submit a completed application to the department for approval in accordance with standards set forth in this section. An application shall not be considered to be complete until all information, materials and fees required by this Part and article 12-C of the Vehicle and Traffic Law have been submitted.

(b) To be approved by the department, an ADM course shall meet all of the following criteria:

(1) Sponsors must establish ownership rights to the ADM course they plan to deliver in New York State. Once approved, that ADM course may not be delivered in New York State by any other sponsor.

(2) The course shall provide a minimum of 320 minutes of instruction. The instruction must include active learning techniques (i.e., requiring student participation).

(3) The ADM course must provide instruction in the following subject areas:

(i) collision prevention, including a discussion of the factors involved in traffic situations;

(ii) alcohol and drug use as a contributing factor in motor vehicle collisions;

(iii) accident prevention techniques;

(iv) the use of occupant restraints;

(v) the risk factors involved in driver attitude that trigger behavior such as speeding, reckless and aggressive driving, and improper lane use;

(vi) traffic laws in New York State;

(vii) physical and mental condition of drivers (i.e., age, vision, hearing, mobility, illness and fatigue);

(viii) conditions and strategies of driving;

(ix) city versus suburban driving and rural versus expressway driving; and

(x) work zone safety and aggressive driving recognition and avoidance.

(4) Sponsors shall provide a detailed transcript of the course, including all content, sections, logical breaks, internal controls, proposed audio/video clips (including time duration). Course topic sequencing may be different from the approved classroom course as long as it does not detract from the logical flow and educational value of the course.

(5) Sponsors shall provide test questions, including 30 personal identity validation questions, 100 content/environmental questions, as well as 100 proctored exam questions (where applicable), as defined in section 141.8 of this Part. Additionally, sponsors shall provide information on when validation will occur and what validation methods they propose to use.

(6) Each sponsoring agency shall submit no more than one ADM course to the department for approval at a time. When the sponsor's primary ADM course has been reviewed and approved or denied by the department, the sponsor may submit a separate new application for the additional ADM in accordance with the standards set forth in this Part.

(7) Advertising shall not appear during any part of the ADM course, including, but not limited to the registration, instruction, testing, validation or completion periods, nor shall any distracting material that is not related to the topic being presented, in accordance with this section and Part 138 of this Title be permitted.

(8) Sponsors shall provide DMV with appropriate access to the course for the purposes of reviewing the materials and internals controls. All changes to course material must be approved in accordance with section 141.9 of this Part, prior to implementation by the sponsor. Once approved, the sponsor must provide a new course transcript to be used in the monitoring of course.

(9) Application forms and supporting materials. The ADM course application form shall be prescribed by the commissioner, and shall include, but not be limited to the following:

(i) Business ownership information.

(a) sponsor name and NYS location of operation;

(b) PIRP sponsoring agency code;

(c) Business Federal Employer Identification Number and legal form of business (i.e., corporation, partnership, D/B/A, etc.); and

(d) name, title, role and legal residential mailing address of all owners, operators, managers, partners, officers and directors of the sponsoring agency. If these individuals have been known by another name, submit the alternate name. Individuals, such as managers, operators, partners and officers, who actively participate in the operations and management of the business must be identified. Controlling shareholders must be identified. Not-for-profit corporations that are incorporated with the New York State Department of State, and which include businesses beyond the motor vehicle accident prevention course, may provide information on their most recent IRS form 990, Parts V-A and V-B, in lieu of providing residential mailing addresses.

(ii) Contact information.

(a) name of application contact person;

(b) mailing address of contact person;

(c) office phone and alternate phone number of contact person;

(d) e-mail address of contact person;

(e) name of alternate contact if primary contact person is not available;

(f) phone number and e-mail of alternate contact person;

(g) list of sponsor approved delivery agents (if applicable) to offer alternate delivery method; and

(h) proposed NYS specific registered domain name that has at least one of the principals listed as a point of contact and approved name of the sponsoring agency as the site registrant.

(iii) Required fees.

(a) Non-refundable application fee of $7,500 must be submitted with each application in the form of a certified check. The proceeds from such fee shall be deposited in the accident prevention course internet technology pilot program fund as established by section 89-g of State Finance Law.

(b) An initial bond, or a letter of credit, in the amount of $100,000 naming DMV as the beneficiary, which would be paid to the sponsor in the event of a security or data breach or to DMV in the event the sponsor ceases doing business in NYS during the pilot period, and/or to reimburse fees paid by students in cases where the sponsor is unable to provide the course. Applicants need not provide the bond or letter of credit with their initial application materials, though this requirement must be satisfied before DMV will grant final approval to conduct an ADM course. Sponsors that do not provide the bond or letter of credit with application materials will be advised in writing by DMV when all other application requirements have been satisfied and approval is imminent. The sponsor must then submit the bond or letter of credit in order to be finally approved. DMV will notify the sponsor when course delivery may commence. The sponsors must submit proof of bond renewal on an annual basis.

(iv) Application materials.

(a) online curriculum viewable at the domain name proposed, if applicable;

(b) sample curriculum in the non-internet medium proposed (video, CD rom, other), if applicable;

(c) written statement indicating ownership of the curriculum and ownership or usage rights to the methods that will be used to deliver the program (i.e., if using proprietary biometric technology to validate identity and participation, sponsor must provide evidence that they have rights to use that proprietary technology for this purpose);

(d) 10 sets of user names and passwords that will be valid throughout the pilot review phase by DMV and or designated monitoring agents to review and approve content;

(e) phone number where customer service will be available;

(f) hours of operation of customer service (online and via toll free number);

(g) plan on offering customer service and technical assistance (online and via toll free number);

(h) a detailed description of how the sponsor will ensure identity authentication at the time of registration and throughout the course, including proposed test bank of questions and answers;

(i) security and risk management plan. Sponsor's policy on how student information will be safeguarded, policies regarding recordkeeping, data use, retention, storage, security, backup and recovery;

(j) sponsor's method to secure confidential student information, and to ensure continuous internet or other ADM course delivery;

(k) proposed policy/procedure for participation, hardware/software requirements, method of payment, C-32A brochure, privacy policies and penalties for fraudulent activity by the student that will be disclosed to the student before they are allowed to enroll; and

(l) sponsor's authorized signature, indicating agreement to terms and conditions of the pilot, and agreement to financial and background check of the principals and the sponsoring agency.

(c) Disqualifying application information.

(1) An application will be denied or prior approval will be suspended or revoked if any person listed on the application has been convicted of a felony or any other crime involving fraudulent activity or violence.

(2) If it is established that any information provided in the application is fraudulent, the application shall be denied, or, if previously approved, sponsoring agency approval will be revoked. In either case, the applicant shall not be permitted to file an application for 10 years from the date of denial or revocation.

(d) Non-transferability. Sponsoring agency approval to conduct an ADM course is not transferable under any circumstances. Both the sponsoring agency approval and ADM course approval are tied directly to the sponsoring agency business named on the application form, including all ownership information. An organization that acquires another sponsor's course must submit an application and seek approval in accordance with the standards set forth in this Part.

(e) Change of officers, contact persons, contact information or address.

(1) The department must be notified in writing within 10 days of any change of any information provided on the original application forms. An amended application form, with signature, must be submitted with the written notification of change.

(2) The department must be notified in writing within 10 days of any changes in any owners, operators, managers, partners, officers and directors or controlling shareholders of the sponsoring agency.

(3) Failure to notify the department of such changes shall be grounds for immediate suspension of sponsoring agency approval.

(4) Transfer of ownership will require the new owner(s) to file a new application with the department in accordance with the eligibility requirement and approval standards set forth in this section and section 141.5 of this Part. The transferred course may not be delivered until the commissioner has approved the new application. The prior owner's ADM course approval shall be revoked immediately upon transfer of ownership.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.5