N.Y. Comp. Codes R. & Regs. tit. 15 § 141.12

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

Section 141.12 - Suspension or revocation of approval; hearings

(a) The department may suspend or revoke approval of a sponsoring agency or delivery agency, or the approval of an ADM course, 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, Appendix A (section 141.14 of this Part) or any applicable law, or a sponsoring agency has failed to provide oversight of its program in accordance with this Part;

(i) a course, which after evaluation pursuant to the standards contained in section 141.7 of this Part, proves ineffective or which contains any changes which have not been approved.

(ii) A sponsoring 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.

(iii) Failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency, or its delivery agents if applicable, to permit the department or its representatives to inspect any of the offices, records, or courses.

(iv) 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.

(v) Failure or refusal of the managers, owners, operators, officers, partners, or employees of the sponsoring agency, or its delivery agents if applicable, to produce any program related records when requested to do so by the department or by a monitor under contract with the department.

(vi) Failure to advise the department within 10 days of a change in the sponsoring agency's ownership, name or address, or any business information defined in subdivision (j) of section 141.5 of this Part.

(vii) 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, including the intentional manipulation of requested data.

(viii) Failure to comply with section 141.9 of this Part change control requirements.

(ix) Provision of a course completion notification to the department, for a person who has not completed the course in accordance with the standards set forth in this Part.

(x) Provision of a course completion certificate to a person who has not completed the course in accordance with the standards set forth in this Part.

(xi) A judgment or conviction for any felony or crime by any manager, owner, operator, officer, partner, employee of the sponsoring agency. At the discretion of the department, after a review of the crime the factors that lead to a conviction, the department may issue a waiver.

(xii) Alteration of ADM participation data collected by the sponsor and reported to the department in accordance with this Part and its accompanying technical specifications as set forth in Appendix A (section 141.14 of this Part).

(xiii) Failure of the sponsoring agency to monitor the delivery of its program and, in cases where evidence of impropriety is discovered, failure to take appropriate steps to correct the impropriety.

(xiv) The ADM course presentation does not adequately address subject areas set forth in section 141.5 of this Part.

(xv) Failure to renew and/or maintain the $100,000 bond or submit proof of renewal on an annual basis as required in section 141.5 of this Part.

(xvi) Suspension or revocation of sponsoring agency approval applies to all versions of the course being delivered by the sponsor, including classroom and ADM course delivery.

(xvii) 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.

(2) No approval of a sponsoring agency, 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 the Commissioner's Regulations 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 denial, suspension or revocation from the department. Any request filed after the 30 day deadline shall not be considered. If such request for a hearing is made, the suspension or revocation shall be stayed pending completion of the hearing.

(3) Upon suspension or revocation, the sponsor shall provide any unreported student course completion data, including any footprint information.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.12