N.Y. Comp. Codes R. & Regs. tit. 15 § 138.9

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

Section 138.9 - Suspension or revocation of approval; hearings

(a) The department may suspend or revoke approval of a sponsoring agency or delivery agency for any of the following causes:

(1) the department determines that the sponsoring agency, its delivery agencies or instructors have failed to comply with any of the provisions of this Part or any applicable law or a sponsoring agency has failed to provide oversight of its delivery agencies in accordance with this Part;

(2) a course which, after evaluation, proves ineffective or which contains any changes which have not been approved;

(3) a sponsoring agency or delivery agency 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;

(4) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency or delivery agency to permit the department or its representatives to inspect any of the offices, records, classrooms or courses;

(5) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency to report every motorist's completion of an accident prevention course to the department or, in the case of a delivery agency or instructor, to the sponsoring agency;

(6) failure or refusal of the managers, owners, operators, officers, partners, or employees of the sponsoring agency to produce approval and/or termination records for delivery agencies and instructors when requested to do so by the department;

(7) failure or refusal to maintain standards in accordance with this Part for instructors or to secure the services of qualified instructors or to secure the use of equipment sufficient to maintain the delivery agency or classes;

(8) failure to advise the department within 30 days of a change in the sponsoring agency's ownership, name or address;

(9) failure of the managers, owners, operators, officers, partners, or employees of the sponsoring agency to submit to the department upon request on or before an established deadline any forms, reports, or approvals to conduct the course;

(10) provision of a course completion notification to the department, or, in the case of a delivery agency or instructor, to a sponsoring agency, for a person who has not completed the course;

(11) provision of a course completion certificate to a person who has not completed the course;

(12) failure to terminate an instructor when the sponsoring agency becomes aware of the fact that such instructor's driving privileges have been suspended, revoked or restricted or that such instructor does not meet the standards set out in this Part;

(13) conviction for any felony or crime involving fraudulent activity by any manager, owner, operator, officer, partner, employee or instructor of the sponsoring agency or delivery agency;

(14) teaching the course in locations that have not been approved in accordance with section 138.8 of this Part;

(15) failure to display an instructor's full name, delivery agency name, telephone, and code number, sponsor's name and telephone number in the classroom during class time; or

(16) failure of the sponsoring agency to monitor its delivery agencies and instructors as required by section 138.10 of this Part and, in cases where evidence of impropriety is discovered, failure to take appropriate steps to correct the impropriety or terminate the delivery agency or instructor if necessary. In cases where allegations of fraudulent or criminal activity are presented, (including but not limited to, false advertising, short classes, fraudulent sale or issuance of completion credit or certificates to those who are not legally entitled to receive them) failure to provide timely notification to the department and, upon request, investigate the matter.

(b) An instructor shall have his or her status suspended or revoked by the sponsoring agency, the delivery agency or the department for any of the following causes:

(1) the instructor's presentation does not adequately address subject areas set out in section 138.4(d)(3) of this Part;

(2) a false statement is provided on the instructor's application or any other materials submitted to the sponsoring agency, delivery agency or the department;

(3) the instructor's driving record is inconsistent with the qualifications for an instructor as set out in section 138.7 of this Part;

(4) the instructor's classroom practices are found to be in violation of any of the provisions of this Part;

(5) the instructor conducts the class while under the influence of alcohol or illegal drugs;

(6) after evaluation, the instructor's classroom performance is ineffective; or

(7) the instructor has been convicted of any fraudulent activity related to the program, or is convicted of any crime involving violence, rape, dishonesty, deceit, indecency, degeneracy, moral turpitude or fraud, including but not limited to theft, forgery, making false statements, perjury or bribery.

(c) If the approval of a sponsoring agency is suspended or revoked by the department, all delivery agencies and classroom operations of the sponsoring agency will also be suspended or revoked. If the approval of a delivery agency is suspended or revoked by the sponsor or the department, all instructors and classroom operations of the delivery agency will also be suspended or revoked.

(d) No approval of a sponsoring agency, delivery agency or instructor shall be denied, revoked or suspended by the department without an opportunity to be heard, such hearing to be held pursuant to Part 127 of this Title and at such time and place as the commissioner shall prescribe. A hearing must be requested in writing within 30 business days of receipt of notification of suspension or revocation from the department. Any request filed after the 30-day deadline shall not be considered. If such request for a hearing be made, the suspension or revocation shall be stayed pending completion of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.9