New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 141 - Motor Vehicle Accident Prevention Course By Internet Or Other Technologies (alternate Delivery Methods) › Section 141.12 - Suspension or revocation of approval; hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(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.