New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 10 - INTERNET PRE-LICENSING COURSE › Section 10.7 - Monitoring Internet Pre-Licensing courses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Department Sponsors must permit the
				  Department, or any designee of the Department, to supervise and/or monitor the
				  internet pre-licensing courses.
(b)
				  All internet pre-licensing courses are subject to routine evaluation by
				  authorized representatives of the Commissioner. Any violations or
				  irregularities with respect to course presentation, instructional quality,
				  adherence to curriculum or any requirement prescribed by the Commissioner may
				  result in sanctions against the course sponsor. Such sanctions may include
				  suspension or revocation of the sponsor's approval to provide this course using
				  the internet. Sponsors must allow the Department or its designee to make
				  periodic unscheduled inspections of all sponsor facilities and records related
				  to the delivery and administration of the internet pre-licensing course.
Any refusal or denial by an approved sponsor or its
					 employee, agent, or representative to allow a designee of the Department to
					 make an evaluation of the internet pre-licensing course may be due cause for a
					 sanction.
(c) Sponsors must
				  monitor the parameters of program delivery and adherence to a sponsor's
				  approved course and timeframes, internal controls, and other measures to ensure
				  that the participant receives a complete and effective course in full
				  compliance with all applicable laws and regulations.
(d) In addition to any monitoring conducted
				  by the Department or a third-party monitor selected by the Department, sponsors
				  are responsible for policing their own program. Sponsors must implement
				  sufficient controls to ensure that the approved internet pre-licensing course,
				  including any time frames, testing, identity, and participation validation
				  techniques, as well as customer service and support functions, remain accurate
				  and functional at all times. System failures, unapproved changes, or absence of
				  internal controls may result in suspension or revocation of the sponsor's
				  internet pre-licensing course.
(e)
				  Sponsors must procure an independent third-party monitor to ensure program
				  integrity at their own expense. All reports prepared by such monitor must be
				  provided to the Department. A minimum of one report per quarter prepared by
				  such monitor must be provided to the Department.
(1) A contract between a third-party monitor
				  and a sponsor must include, but not be limited to, the following types of
				  oversight:
(i) that the third-party monitor
				  visit the sponsor locations on an annual basis to review compliance with
				  Department course requirements;
(ii) that sponsors give the third-party
				  access to information consistent with that provided to the Department.
				  Third-party monitors must adhere to all state and federal privacy laws relative
				  to data provided to any other party;
(iii) that the third-party monitor completes
				  each course offering at a minimum of twice per quarter so as to verify all
				  requirements are being met;
(iv)
				  that the third-party monitor will receive regular data transmission according
				  to a defined record format of student reporting requirements for the internet
				  pre-licensing course and that the monitor will analyze data for trends and
				  patterns of abuse. Sponsors must adhere to all state and federal privacy laws
				  relative to data provided to any other party;
(v) that the third-party monitor must conduct
				  at least two onsite audits of the sponsor's data hosting and reporting process,
				  policies, and implementation, during the 1st and 3rd year of the sponsor's
				  participation in the pilot to ensure data collected, stored, and reported is
				  consistent with what the sponsor received; and
(vi) that during the onsite audit,
				  third-party monitors will review sponsor's security of motorist personal
				  information to ensure adherence with security policies as prescribed by the
				  Commissioner.