N.Y. Comp. Codes R. & Regs. tit. 19 § 1210.14

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1210.14 - Approval of courses

(a) No course may be used to satisfy, in whole or in part, the initial training requirements set forth in section 1210.6 (Standards for certification as an installer) or 1210.7 (Standards for certification as a mechanic) of this Part, or the continuing education requirements set forth in section 1210.13 (Continuing education requirements) of this Part, unless:

(1) such course is approved by the Department of State pursuant to this section; and

(2) such course is provided by:

(i) the Department of State; or

(ii) a private trade association or other entity that has been approved by the Department of State as an instructional provider pursuant to section 1210.14 (Approval of instructional providers) of this Part.

(b) An instructional provider applying for approval of a course must establish to the satisfaction of the Department of State that such course is appropriate for use in satisfying, in whole or in part, the initial training requirements set forth in section 1210.6 (Standards for certification as an installer) or 1210.7 (Standards for certification as a mechanic) of this Part, or the continuing education requirements set forth in section 1210.13 (Continuing education requirements) of this Part.

(c) An application for approval of a course shall be in writing, shall be submitted to the Department of State on a form provided by or otherwise acceptable to the Department of State, and shall be accompanied by the applicable fee set forth in section 1210.19(Fees) of this Part, and shall include:

(1) the name and business address of the instructional provider that will present the course, and a certification that such instructional provider is approved by the Department of State pursuant to section 1210.14 (Approval of instructional providers) of this Part;

(2) the title of each course to be conducted;

(3) the location or locations where course will be conducted;

(4) the name, address, telephone number and qualifications of each person who will be an instructor for all or any part of the course;

(5) the final examination to be presented for the course, and the answer key for such examination;

(6) a description of the books and other materials that will be distributed to or used by persons participating in such course;

(7) the fee the instructional provider intends to charge each person participating in such course; and

(8) the estimated number of students who will take the course.

In addition, the applicant shall provide such additional information and documentation as may be requested from time to time by the Department of State. An application shall not be deemed to be complete until the applicant has provided all additional information and documentation that may be so requested.

(d) An application for approval of a course must be filed with the Department of State, and must be complete, not less than 60 days before the proposed course is to be conducted.

(e) The Department of State may approve of the course and the proposed fee to be charged for the course, or approve the course and disapprove the proposed fee to be charged for the course, or disapprove the course. If the Department of State approves the course and disapproves the proposed fee to be charged for the course:

(1) the applicant shall have a period of 15 days after applicant's receipt of notice of the Department of State's approval of the course and disapproval of the fee to file a written request for approval of a revised fee;

(2) if the applicant files such request within such time, and if the Department of State grants such request, the course and the revised fee shall be deemed to be approved; and

(3) if the applicant fails to file such request within such time, or if the applicant files such request and the Department of State denies such request, the course shall be deemed to be disapproved. An approved instructional provider may charge each person participating in an approved course provided by such approved instructional provider a fee not to exceed the fee for such course approved pursuant to this subdivision.

(f) Except as otherwise provided in subdivision (g) of this section, an approval of a course by the Department of State shall be effective for a period of two years. An application for renewal of approval of a course shall be in writing, shall be submitted to the Department of State on a form provided by or otherwise acceptable to the Department of State, and shall be accompanied by the applicable fee set forth in section 1210.19(Fees) of this Part. In addition, the applicant shall provide such additional information and documentation as may be requested from time to time by the Department of State. An application shall not be deemed to be complete until the applicant has provided all additional information and documentation that may be so requested.

(g) The Department of State may revoke approval of any course, or deny the renewal of approval of any course, if:

(1) such course fails to comply with any provision of this Part;

(2) the students taking such approved course demonstrate a significant deficiency in skills and knowledge in the area covered by such course; or

(3) all or any part of the information provided in such course has become outdated.

(h) The instructional provider shall keep records with respect to each course it provides, including the date and location of each presentation of the course, the name and address of each student taking the course, and such other information as may by specified by the Department of State at the time of approval of such course. The instruction provider shall maintain such records for a period of not less than three years.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1210.14