N.Y. Comp. Codes R. & Regs. tit. 15 § 138.5

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

Section 138.5 - Sponsoring agency approval

(a) An organization that owns a course must obtain approval from the department before the course can qualify for point and insurance reduction benefits.

(b) An application for approval of a sponsoring agency shall be made in writing to the department and must include:

(1) the title or name of the course;

(2) the name of the organization submitting the application;

(3) proof of course ownership; and

(4) the names and addresses of all owners, operators, managers, partners, officers and directors of the agency or organization and, if such persons have ever used or have ever been known by another name, such name or names must also be submitted.

(c) An application shall not be considered to be complete until all information and materials required by this Part and article 12-B of the Vehicle and Traffic Law have been submitted.

(d) The department will not approve a sponsoring agency with a course name that is the same as the name of any other approved course or is so similar to the name of any other approved course that confusion or deception would result.

(e) Upon approval, a sponsoring agency will be subject to a two-year probationary period, during which compliance with this Part will be assessed. Final approval will be based upon successful completion of the probationary period.

(f) Sponsoring agency approval must be renewed every five years in accordance with the standards set forth in section 138.4(e) of this Part. An approved specialized course is exempt from this provision and need not be renewed every five years. However, if the department determines that an approved specialized course does not adequately address the standards as set forth in this Part, the specialized course may be required to submit a course effectiveness study as defined in section 138.4 of this Part.

(g) To obtain approval as a sponsoring agency, an applicant must:

(1) provide the department with a description of the minimum qualifications of all managers and instructors who will be hired or approved by the applicant;

(2) provide and require a minimum of six hours of instructor training programs, including in-service refresher workshops at least every two years, to ensure competency in delivering the course in the areas set out in section 138.4(c)(3) of this Part. These programs must also address teaching methodologies and psychology of learning, as well as a discussion of all applicable laws, regulations, and policies; the instructor training programs must also include a demonstration of the teaching abilities of each instructor; applicants must submit a full description of the instructor training course, including the number of hours and a copy of the curriculum;

(3) provide each instructor with an instructor's manual and provide student workbooks and/or manuals for each course participant as necessary to follow and participate in the course; each workbook shall have prominently displayed the sponsoring agency's name and telephone number;

(4) provide, for the department's approval, a sample course completion certificate which is designed to and capable of preventing fraud and forgery, for the purpose of verifying course completion for submission to insurance companies;

(5) establish and maintain a recordkeeping system compatible with the department's requirements for data entry of course completion information;

(6) establish appropriate lines of communication with the department in order to provide efficient and effective administration of the course;

(7) provide and maintain an office in New York State for the operation and supervision of such course, to provide customer assistance and to keep program records open to the inspection of the department during the sponsoring agency's normal business hours, or by appointment at a time and place acceptable to the department;

(8) submit copies to the department of any and all written policies and procedures related to the administration of the program;

(9) comply with section 1304 of the Not-for-Profit Corporation Law if the applicant organization is a foreign not-for-profit corporation or section 1304 of the Business Corporation Law if it is a foreign profit making corporation;

(10) submit to the department copies of the forms filed with the appropriate county clerk if the sponsoring agency is an individual, partnership and/or d/b/a;

(11) supply the department with a copy of the certificate of incorporation filed with the Secretary of State if the sponsoring agency is a corporation, or a charter issued by the New York State Board of Regents, if applicable; and

(12) ensure that all instructors are qualified at all times to teach the accident prevention course by establishing and maintaining an account with the department's License Event Notification Service (LENS), which monitors the driving records of selected motorists. In any case where the instructor's driving privileges are suspended, revoked, or expired, the department will notify the sponsor.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.5