N.Y. Comp. Codes R. & Regs. tit. 15 § 141.11

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

Section 141.11 - Adm course administration

An approved sponsoring agency must:

(a) perform all administrative functions in connection with the course in accordance with this Part and applicable laws.

(1) Provide student participation data in a manner prescribed by the commissioner.

(2) Provide, for the department's approval, a sample course completion certificate which is designed to and capable of preventing fraud and forgery, and which designates the type of ADM course completed, and which shall be used to verify course completion for submission to insurance companies.

(3) Establish appropriate lines of communication with the department in order to provide efficient and effective administration of the course.

(4) 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.

(5) Submit copies to the department of any and all written policies and procedures related to the administration of the program.

(6) Maintain student completion records, including footprint data, for a period of five years and provide duplicate completion certificates, if necessary, upon request. Student records shall include the items related to course completion as set forth in Appendix A (section 141.14 of this Part).

(7) Issue course completion certificates within 14 business days of course completion to each and every motorist who successfully completes the course.

(8) Report each and every motorist who successfully completes the course to the department within 30 business days of course completion.

(9) Notify student in advance of all of the requirements necessary to successfully complete the course, including technical requirements and final date for completion. The completion date on the certificate is the date when all requirements have been met.

(10) Publish privacy rights at the beginning of the course materials.

(11) For internet courses, motorists must type "I agree" to acknowledge and agree to all course completion requirements and the sponsor's privacy policy information required under sections 141.5 and 141.10 of this Part. For in person registration or during the proctored test, students must sign an agreement acknowledging and agreeing to all course completion requirements and the sponsor's privacy policy information required under sections 141.5 and 141.10 of this Part.

(12) Provide an enrollment contract that student must read and acknowledge prior starting instruction, where appropriate. Enrollment contract shall explain the course, minimum instruction times, all fees associated with the course, completion procedures, minimum technology requirements and other relevant information as prescribed by the commissioner, including the course benefits and limitations as described in the department's C-32A publication. The contract will also include an affirmation by student that they will complete the entire course without assistance; will abide by all terms of the contract; will not knowingly accept a course completion certificate if the course has not been completed.

(13) In any case where a sponsoring agency is unable to provide the course or any part of the course, the student must be given the option of receiving a full refund of all course fees. In addition to the option of a full refund, students may be given the opportunity to reschedule the course if and when it becomes available.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.11