N.Y. Comp. Codes R. & Regs. tit. 15 § 10.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 10.14 - Suspension or revocation of approval

(a) The Department may suspend or revoke approval of a sponsor to administer an internet pre-licensing course. Suspension or revocation of sponsor approval will apply to all versions of the course being delivered by the sponsor and may be, but not limited to, any of the following causes:

(1) the Department determines that the sponsor has failed to comply with any of the provisions of this Part, the policies of the Department, or any applicable law, rule or regulation;

(2) a sponsor has failed to provide oversight of its program in accordance with this Part;

(3) a course, which after evaluation pursuant to the standards contained in this Part, proves ineffective or which contains any changes which have not been approved;

(4) a sponsor has made a material false statement or concealed a material fact in connection with an application or has knowingly presented false or misleading information to the Department, or to the general public;

(5) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsor to permit the Department or its representatives to inspect any of the offices, records, or courses;

(6) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsor to report every motorist's completion of an internet pre-licensing course to the Department as prescribed by the Commissioner;

(7) failure or refusal of the managers, owners, operators, officers, partners, or employees of the sponsor to produce any program related records when requested to do so by the Department or its representatives;

(8) failure to obtain approval from the Department at least ten (10) business days prior to a change in the sponsor's ownership, name or address, or any business information;

(9) failure of the managers, owners, operators, officers, partners, or employees of the sponsor to submit to the Department, upon request, on or before an established deadline, any forms, reports, or approvals to conduct the course, including the intentional manipulation of requested data;

(10) failure to comply with change control requirements;

(11) submission of a course completion confirmation to the Department, for a person who has not completed the course in accordance with the standards set forth in this Part;

(12) submission of notification of completion to a person who has not completed the course in accordance with the standards set forth in this Part;

(13) for a judgment or conviction for any felony or any crime by any manager, owner, operator, officer, partner, or employee of the sponsor. At the discretion of the Department, after a review of the facts and circumstances relating to the judgment or conviction, the Department may issue a waiver;

(14) alteration of student digital footprint logs collected by the sponsor;

(15) failure of the sponsor to monitor the delivery of its program. In cases where evidence of impropriety is discovered, failure to take appropriate steps to correct the impropriety;

(16) the internet pre-licensing course presentation does not adequately address the subject areas set forth in this Part or the Vehicle and Traffic Law;

(17) failure to renew and/or maintain the one hundred thousand dollar ($100,000.00) bond or submit proof of renewal on an annual basis as required in this Part;

(18) failure to disclose all fees associated with the course, or a change in fees associated with the course, at any time after the motorist agrees to the terms and conditions of the course at the time of registration.

(b) Upon suspension or revocation, the sponsor must provide to the Department any unreported student course completion data, including any student digital footprint logs.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.14

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020