reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 138 - Motor Vehicle Accident Prevention Course › Section 138.7 - Qualifications for instructors

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All instructor applications must be reviewed and approved by the sponsoring
				  agency before the instructor may conduct a course which qualifies for point and
				  insurance reduction benefits. The instructor must provide the Federal social
				  security number to the sponsoring agency.
(b) An instructor of a motor vehicle accident
				  prevention course must:
(1) have a driver's
				  license valid for operation in New York State;
(2) have at least three years of licensed
				  driving experience;
(3) have no
				  driver's license suspension or revocation within the five years prior to
				  becoming an instructor (with the exception of an indefinite suspension which
				  can be terminated by the performance of an act by the licensee) and no alcohol
				  related driving conviction within the seven years prior to becoming an
				  instructor;
(4) have a high school
				  or equivalency diploma;
(5) be at
				  least 19 years of age;
(6) complete
				  a sponsoring agency's instructor preparation course (as required by section
				  138.5[g][2] 
				  of this Part) before conducting the course and participate in refresher
				  workshops at least once every two years in order to insure an understanding of
				  appropriate learning concepts and the utilization of these concepts;
				  and
(7) have not been convicted
				  within 10 years prior to becoming an instructor of a felony or crime involving
				  violence, dishonesty, degeneracy, moral turpitude, deceit, or fraud, including
				  but not limited to theft, forgery, making false written statements, rape,
				  perjury, fraud or bribery. Sponsors shall solicit and collect this information
				  on instructor application forms. No instructor application shall be deemed
				  complete until the applicant has disclosed this information and signed the
				  dated application.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 138 - Motor Vehicle Accident Prevention Course › Section 138.8 - Classroom facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  delivery agency approved by a sponsoring agency must provide a classroom which
				  is clean, adequately lighted, heated, ventilated and free from visible and/or
				  audible distractions. Adequate rest room facilities must be available to all
				  students. Classrooms must have adequate seating facilities for the maximum
				  number of students enrolled in any such course with no classroom having a
				  seating capacity for fewer than 10 students. The classroom must be equipped
				  with fully functional audio/visual equipment which is clearly visible from all
				  seating areas.
(b) In no case shall
				  any class have more than 40 enrolled students.
(c) Each classroom must have at least 15
				  square feet of open floor space available per enrolled student.
(d) A delivery agency must have the address
				  of each classroom on file with its sponsoring agency who will make this
				  information available to the department upon request. No delivery agency may
				  change class locations or hold any class without prior approval of the sponsor,
				  in accordance with this section.
(e) Classroom facilities must be free from
				  interference or distractions to instruction and closed to the general
				  public.
(f) Classrooms must comply
				  with all applicable local fire, sanitation and building requirements.
(g) To the extent required by the Americans
				  with Disabilities Act (ADA), the course must be available to any qualified
				  handicapped individual, as defined by the ADA, seeking access to the
				  program.
(h) No classroom shall be
				  approved by a sponsoring agency where the place of business is conducted in any
				  nontraditional classroom location (such as a house, trailer, bar or grill,
				  personal residence, residence room in a hotel, restaurant, diner, billiard
				  hall, bowling alley, gasoline station, garage, tour bus, comedy club, or strip
				  club). A sponsoring agency may consult with the department before approving a
				  classroom location, when a question arises as to what is a suitable facility
				  for conducting an accident prevention course.
(i) The instructor's full name, delivery
				  agency name, telephone and code number, sponsoring agency name and telephone
				  number shall be prominently displayed in the classroom during class
				  time.
(j) No delivery agency
				  classroom shall be approved by a sponsoring agency if it is within a building
				  owned or leased by the State or county in which motor vehicle registrations or
				  licenses to drive motor vehicles are issued to the public.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 138 - Motor Vehicle Accident Prevention Course › Section 138.10 - Sponsoring agency course administration

Current through Register Vol. 46, No. 28, July 10, 2024
An approved sponsoring agency must:
(a) perform all administrative functions in
				  connection with the course in accordance with this Part and applicable
				  law;
(b) approve instructors who
				  are qualified in accordance with the standards set out in section
				  138.7 
				  of this Part prior to their teaching the course;
(c) approve delivery agencies in accordance
				  with standards set out in section
				  138.6  of
				  this Part;
(d) apply to the
				  department for approval based on standards set out in section
				  138.4 
				  of this Part for any proposed additions or deletions to an approved course
				  curriculum;
(e) allow and enable
				  the department to audit the program records of the approved course and to
				  monitor and evaluate any and all portions of the program during reasonable
				  business hours;
(f) notify the
				  department in writing within 30 business days of any suspension or revocation
				  of approval of a delivery agency or instructor when the suspension or
				  revocation resulted from a violation of any provision of this Part;
(g) advertise its course in compliance with
				  the requirements set out in section
				  138.13  of this
				  Part;
(h) maintain student
				  completion records for a period of three years and provide duplicate completion
				  certificates if necessary upon request. Student records shall include at least
				  the following information:
(1) student's
				  complete name and motorist identification number as it appears on the driver's
				  license;
(2) student's date of
				  birth;
(3) student's current
				  mailing address;
(4) student's
				  dates of enrollment, re-enrollment, if applicable, and course completion;
				  and
(5) student security document
				  number;
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 138 - Motor Vehicle Accident Prevention Course › Section 138.11 - Delivery agency course administration

Current through Register Vol. 46, No. 28, July 10, 2024
A delivery agency approved by a sponsoring agency
					 must:
(a) perform all administrative
				  functions in connection with the course in accordance with this Part;
(b) ensure that each course begin with the
				  distribution of a departmental statement (form C-32A) to each student
				  describing point and insurance reduction benefits;
(c) permit only qualified and sponsoring
				  agency-approved instructors to conduct the courses for point and insurance
				  reduction benefits;
(d) provide the
				  sponsoring agency with all information necessary for the issuance of course
				  completion certificates and for notification to the department of each motorist
				  who completes the course; this information must be submitted in accordance with
				  the requirements of the sponsoring agency;
(e) refund any tuition collected from persons
				  enrolled in the course in any case in which the course is not
				  conducted;
(f) allow the department
				  both to audit the program records of the approved course and to monitor and
				  evaluate any and all portions of the program; completed the number of hours as
				  required under article 12-B of the Vehicle and Traffic Law, and that any false
				  information on this roster will be used as evidence in a court of law and/or
				  administrative proceeding.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 138 - Motor Vehicle Accident Prevention Course › Section 138.12 - Monitoring course and instructors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sponsoring agencies and delivery agencies
				  shall allow and cooperate with the department's supervision and monitoring of
				  motor vehicle accident prevention courses conducted for point and insurance
				  reduction benefits in order to maintain high course standards and to insure the
				  integrity of the program. Monitoring of programs by the department, the
				  sponsoring agency and the delivery agencies shall encompass the following
				  areas:
(1) the parameters of program delivery
				  - to insure adherence to a sponsoring agency's approved course, use of visual
				  aids, classroom time spent by the instructors, and other measures to insure
				  that the participant receives a complete and effective course in full
				  compliance with all applicable laws and regulations;
(2) professional assessment and critique of
				  the instructor's presentation, communication skills, active learning
				  techniques, classroom management, and teacher effectiveness, to insure quality
				  of instruction as a means of achieving the purpose of reducing highway
				  fatalities, injuries, and property damage.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 139 - Chemical Test Refusals › Section 139.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Section 1194  of the Vehicle and Traffic Law
					 provides for the temporary suspension and subsequent revocation of a license or
					 operating privilege when a person refuses to submit to a chemical test. Section 49-a  of the Navigation Law provides for the
					 temporary suspension and subsequent suspension of the privilege of operating a
					 vessel when a person refuses to submit to a chemical test. Section 25.24  of the Parks, Recreation and
					 Historic Preservation Law contains a similar provision regarding refusing a
					 chemical test when operating a snowmobile. In order to facilitate the orderly
					 taking and recording of such actions, and to insure that hearings are held in
					 timely fashion, these regulations are promulgated pursuant to the authority
					 contained in section 1194  of the Vehicle and Traffic Law,
					 section 25.24  of the Parks, Recreation and
					 Historic Preservation Law and section 49-a  of the Navigation Law. Unless
					 otherwise noted,
commissioner
shall refer to the Commissioner
					 of Motor Vehicles, and
department
shall refer to the
					 Department of Motor Vehicles.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 139 - Chemical Test Refusals › Section 139.3 - Court procedure upon arraignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon arraignment of a defendant under arrest for any violation of section 1192  of the Vehicle and Traffic Law the
				  court shall, upon the basis of the police officer's report of refusal,
				  temporarily suspend without notice the license or permit to drive and any
				  nonresident operating privilege of the defendant.
(b) Upon arraignment of a defendant under
				  arrest for any violation of section 49-a  of the Navigation Law, the court
				  shall, upon the basis of the police officer's report of refusal, temporarily
				  suspend without notice the defendant's privilege to operate a vessel.
(c) Upon arraignment of a defendant under
				  arrest for any violation of section 25.24  of the Parks, Recreation and
				  Historic Preservation Law, the court shall, upon the basis of the police
				  officer's report of refusal, temporarily suspend without notice the defendant's
				  privilege to operate a snowmobile.
(d) Upon arraignment under either subdivision
				  (a), (b) or (c) of this section, the court shall complete a temporary
				  suspension and notice of hearing form (adding the location and the next
				  available hearing date and time, as provided by the commissioner), and give the
				  appropriate copies to the defendant and the police officer. Within 48 hours of
				  the arraignment, the court must forward copies of both the refusal report and
				  the temporary suspension and notice of hearing form to the commissioner, and in
				  the case of an arraignment for violation of Navigation Law, section
				  49-a or Parks, Recreation and Historic
				  Preservation Law, section
				  25.24, the court must forward an
				  additional copy of the report of refusal to the Commissioner of Parks,
				  Recreation and Historic Preservation. Timely submission of the refusal report
				  to the Commissioner of Motor Vehicles may not be waived even with consent of
				  all parties.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 140 - Ignition Interlock › Section 140.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Intent. Section 1198  of the Vehicle and Traffic Law
				  establishes an ignition interlock program which authorizes courts in all
				  counties of the State to require persons convicted of driving while intoxicated
				  to equip their vehicles with an ignition interlock device. This Part
				  establishes guidelines for the implementation of this program.
(b) Definitions.
(1) Ignition interlock device. Any blood
				  alcohol concentration equivalence measuring device which connects to a motor
				  vehicle ignition system and prevents a motor vehicle from being started without
				  first determining through a deep lung breath sample that the operator's
				  equivalent breath alcohol level does not exceed the calibrated setting on the
				  device as required by 10 NYCRR Part 59.
(2) Program. As hereinafter used in this
				  Part, the term program shall refer to the ignition interlock device
				  program.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 140 - Ignition Interlock › Section 140.2 - Participants in the program

Current through Register Vol. 46, No. 28, July 10, 2024
The court shall require that any person who has been
					 convicted of a violation of subdivision (2), (2-a) or (3) of section 1192  of the Vehicle and Traffic Law shall
					 participate in the program and may be eligible for a post-revocation
					 conditional license as provided for in section
					 140.4. In
					 addition, a court shall require a defendant who is convicted of any crime
					 defined by such law or the Penal Law of which an alcohol-related violation of
					 any provision of section 1192 of this chapter is an essential element, and has
					 been sentenced to a period of probation, to install and maintain as a condition
					 of probation, a functioning ignition interlock device. Such defendants,
					 however, shall not be eligible for the post-revocation conditional
					 license.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 140 - Ignition Interlock › Section 140.3 - Post-revocation conditional license

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may issue a post-revocation conditional
					 license to a person, who as a condition of probation or conditional discharge,
					 is prohibited from operating a motor vehicle unless such vehicle is equipped
					 with an ignition interlock device, if such person is eligible for such a
					 license under section
					 140.4  of
					 this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 140 - Ignition Interlock › Section 140.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person shall
				  be eligible for a post-revocation conditional license if:
(1) such person has been convicted of a
				  violation of subdivision (2), (2-a) or (3) of section 1192  of the Vehicle and Traffic
				  Law;
(2) such person has been
				  sentenced to a period of probation or conditional discharge by the
				  court;
(3) such person has been
				  ordered by the court to install and maintain an ignition interlock device in
				  accordance with section 1198  of the Vehicle and Traffic
				  Law;
(4) the minimum period of
				  license revocation required by law has expired.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 140 - Ignition Interlock › Section 140.5 - Post-revocation conditional license-forms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
A post-revocation conditional license will be issued only
					 by the department which will establish the conditions applicable to each
					 individual license based upon information submitted by the applicant.
(a) Form of the post-revocation conditional
				  license. An applicant for a post-revocation conditional license shall complete
				  the MV-2020 (conditional license/privilege attachment). The MVR motor vehicle
				  representative shall write "ignition interlock device required" in the
				  validation box on the MV-2020.
(b)
				  Establishment of conditions. Each post-revocation conditional license shall
				  contain the condition that such license shall be subject to revocation for
				  operating outside the limitations appearing on such license. Each
				  post-revocation conditional license shall contain the limitations or use of
				  such license as prescribed by the department, and as accepted by the holder. A
				  post-revocation conditional license shall be valid only for use by the holder
				  thereof for one or more of the following purposes:
(1) en route to and from the holder's place
				  of employment;
(2) if the holder's
				  employment requires the operation of a motor vehicle then during the hours
				  thereof;
(3) en route to and from a
				  class or course at an accredited school, college or university or a
				  State-approved institution of vocational or technical training;
(4) to and from court ordered probation
				  activities;
(5) to and from a motor
				  vehicle office for the transaction of business relating to such
				  license;
(6) for a three hour
				  consecutive daytime period, chosen by the administrators of the program, on a
				  day during which the holder is not engaged in usual employment or
				  vocation;
(7) en route to and from
				  a medical examination or treatment as part of a necessary medical treatment for
				  such holder or member of the holder's household, as evidenced by written
				  statement to that effect from a licensed medical practitioner;
(8) en route to and from a class or an
				  activity which is an authorized part of the alcohol and drug rehabilitation
				  program and at which participant's attendance is required; and
(9) en route to and from a place, including a
				  school, at which a child or children of the participant are cared for on a
				  regular basis and which is necessary for the participant to maintain such
				  participant's employment or enrollment at an accredited school, college or
				  university or at a State-approved institution of vocational or technical
				  training.
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 141.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Section 2336  of the Insurance Law provides that the
					 Department of Motor Vehicles will approve and monitor motor vehicle accident
					 prevention courses for liability and collision insurance premium reduction. A
					 course which has been approved by the department for liability and collision
					 insurance premium reduction shall also be eligible to provide point reduction
					 pursuant to the provisions of this Part and Part 131 of this Title. article
					 12-B of the Vehicle and Traffic Law sets out certain standards for preserving
					 the quality and efficacy of the accident prevention course program. Article
					 12-C provides that the commissioner shall establish and implement a
					 comprehensive pilot program to review and study the internet, and other
					 technologies as approved by the commissioner, as a training method for the
					 administration and completion of an approved accident prevention course for the
					 purposes of granting point and insurance reduction benefits. Courses approved
					 under article 12-C are eligible for the same point and insurance reduction
					 benefits as those approved under article 12-B. The pilot program shall continue
					 for five years after the date that the pilot program is established and
					 implemented.
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 141.3 - Point reduction benefits

Current through Register Vol. 46, No. 28, July 10, 2024
Article 12-C permits drivers to be eligible for point
					 reduction if they have completed an approved ADM course. Upon receipt of
					 electronic student completion data and eight dollars from the sponsoring
					 agency, notice of program completion will be entered on a motorist's driving
					 record. The department will enter a maximum reduction of four points on the
					 driving record for each motorist certified as having attended and completed an
					 approved motor vehicle accident prevention course, in accordance with the
					 provisions of Part 141.5 of this Title. All required documentation must be
					 transmitted by the sponsoring agency to the department in a manner prescribed
					 by the commissioner.
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 141.6 - Monitoring adm courses

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall maintain high course standards to
					 insure the integrity of the program. Sponsoring agencies shall allow and
					 cooperate with the department's, or the department's designee's supervision and
					 monitoring of motor vehicle accident prevention courses conducted for point and
					 insurance reduction benefits. 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 ADM course.
(a) The department, the department's third
				  party monitor, if one is selected, and the sponsors shall monitor the following
				  areas:
(1) The parameters of program delivery
				  and adherence to a sponsoring agency's approved course, to timeframes and
				  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.
(2) Sponsoring
				  agencies are responsible for policing their own program, in addition to any
				  monitoring conducted by the department or a third party monitor selected by the
				  department. Sponsors shall implement sufficient controls to ensure that the
				  approved ADM course, including any timeframes, testing, identity and
				  particiaption 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 of
				  the sponsor's ADM course.
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 141.7 - Adm course evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements in section
				  138.4(e) 
				  of this Title, sponsors will be required to evaluate the effectiveness of their
				  ADM course, as well as their classroom based course. The timing of when the
				  evaluation must be done may occur anytime within the five year period, when the
				  number of students have completed the course provides a sufficient sample to
				  evaluate per section
				  138.4(e) 
				  of this Title. Sponsors are expected to evaluate their ADM course once over the
				  five-year period. In the event sufficient sampling cannot be done due to the
				  number of students completing the course, DMV will accept a smaller ADM sample.
				  Course effectiveness documentation must be completed and submitted to the
				  department no less than 60 business days prior to the end of the pilot
				  program.
(b) In order to evaluate
				  motorists' responses to the ADM delivery methods, sponsors will be required to
				  collect data for each student completer for these factors:
(1) overall course satisfaction;
(2) perception that course was
				  interesting;
(3) perception that
				  course was easy to use; and
(4)
				  perception that the course will positively influence their future driving
				  performance.
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 141.9 - Change control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Changes to
				  the ADM curriculum or internal controls shall not be made by the sponsor
				  without prior approval of the department.
(1)
				  A sponsor that wishes to change their course must request such change in
				  writing. A request must include:
(i) Reason
				  for the change.
(ii) Complete
				  description of the change.
(iii)
				  The impact of the change on the 320 minute course requirement, on the content
				  of the section in which it is placed, and on the overall course.
(iv) The impact of the change on course
				  delivery, security and validation.
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 141.10 - Information security guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Protection of student confidential
				  information is of paramount importance to the department. Sponsors and their
				  delivery agents where applicable, must ensure client information is kept
				  confidential and secure. This includes securing purchase information (such as
				  credit card), identity information (such as motorist ID, personal information
				  questions and answers), and records maintained to validate student/sponsor
				  compliance with the requirements, including any client reported information on
				  tests and surveys.
(b) Sponsors and
				  their delivery agents, where applicable, must comply with the Driver Privacy
				  Protection Act (DPPA). Violations of the New York State Personal Privacy
				  Protection Law and the Driver Privacy Protection Act (DPPA) may result in
				  sponsor suspension and may result in Federal prosecution. In addition, sponsors
				  and their delivery agents must also comply with NYS Information Security Breach
				  and Notification Act, Sec. 208, NYS Technology Law, and Sec. 899-aa NYS General
				  Business Law.
(c) If there is any
				  breach of security, the affected sponsor and/or delivery agent must notify the
				  department as soon as practical after the security breach, providing details of
				  the incident(s) and what steps were taken to address the security breach in a
				  timely manner.
(d) DMV information
				  security officials will review each sponsor's security plan prior to course
				  approval. After approval has been granted, the department, the sponsor's
				  monitor or a third party under contract to DMV reserves the right to audit the
				  sponsor's ADM information security practices, security of office sites, systems
				  and test areas on a periodic basis, or when circumstances warrant.
(e) Sponsors shall maintain records for the
				  ADM course separately from their classroom course data, or structure their data
				  systems to differentiate between the courses. Course records and data, with the
				  exception of biometric data, shall be retained by the sponsor for a period of
				  not less than five years from the date of course completion. Biometric data
				  shall be retained by the sponsor for a minimum of five business days, and no
				  longer than 30 calendar days from the date of course completion.
(f) Sponsors that are approved to offer more
				  than one ADM course must be able to delineate between the courses.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.1 - Administrative appeals board

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The appeals board as established by section 228, article 2-A of the Vehicle and
				  Traffic Law shall also constitute the administrative appeals board under
				  article 3-A of such law. Each appeal shall be considered by members of the
				  board, sitting as a panel. Each panel shall consist of three members designated
				  as hereinafter provided. Hearing officers may be designated as members of each
				  panel. At least two votes shall be required for a decision. (Appeals arising
				  from determinations made pursuant to article 2-A of the Vehicle and Traffic
				  Law, adjudication of traffic infractions, shall be considered and determined in
				  accordance with regulations prescribed in Part 125 of the Regulations of the
				  Commissioner.)
(b) The principal
				  office of the administrative appeals board shall be at the central office of
				  the Department of Motor Vehicles, Swan Street Building, Empire State Plaza,
				  Albany, New York 12228.
(c) General
				  direction and supervision of the administrative appeals board shall be
				  exercised by the chairman of the motor vehicle appeals board who shall
				  designate the individual members and presiding officers of the various panels
				  and shall be the presiding officer of any panel of which he is a member. The
				  vice-chairman of the motor vehicle appeals board shall assist the chairman in
				  the general direction and supervision of the administrative appeals board,
				  perform the functions of the chairman in the absence of the chairman and,
				  unless the chairman shall also be a member of the panel, shall be the presiding
				  officer of any panel of which he is a member.
(d) Members of the public, attorneys, and
				  interested parties may obtain information or make submissions or requests
				  concerning administrative appeals by writing to:
Appeals Board
Department of Motor Vehicles
P. O. Box 2935
Albany, NY 12220-0935
Information may be obtained by telephone at (518)
					 474-1052.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.2 - Fees; procedures in appeals involving no hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A fee of $10 which shall not be
				  refundable must be paid at the time the appeal is filed from a determination
				  not based upon a hearing.
(b)
				  Appeals from a determination not based upon a hearing at which testimony was
				  taken may be submitted on a form and in the manner prescribed for such purpose
				  not later than 60 days from the date after written notice was given of the
				  determination appealed from, excluding the date of the determination. A copy of
				  the written determination from which the appeal is taken must be filed with the
				  appeal form.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.3 - Fees; procedures in appeals after hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A fee of $10 which shall not be
				  refundable must be paid at the time an appeal is filed from a determination
				  made after a hearing. A transcript of such hearing shall be reviewed only if it
				  is submitted by the appellant.
(b)
				  Appeals from a determination based upon a hearing at which testimony was taken
				  may be submitted on a form and in the manner prescribed for such purpose by the
				  commissioner not later than 60 days from the date after written notice was
				  given of the determination appealed from, excluding the date of the
				  determination. The appellant has the option of having the transcript of the
				  hearing reviewed as a part of the appeal proceeding. If the appellant desires
				  to have the transcript reviewed, he must so indicate on the appeal form and he
				  must also submit the transcript for such review. The transcript shall not be
				  reviewed if a request for such review is not made and the transcript is not
				  submitted to the appeals board in timely fashion.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.4 - Submission of transcript on appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transcripts can only be obtained from the
				  agency which holds the contract for the transcription of hearings held by the
				  Motor Vehicle Department. The cost of such transcript, which is payable by the
				  appellant, shall be the price for such transcripts as contained in the contract
				  between the department and the independent contractor.
(b) A transcript will be considered to have
				  been submitted in timely fashion if it is physically submitted to the appeals
				  board, or if proof that the transcript has been ordered is submitted to the
				  appeals board not later than 60 days from the date after written notice was
				  given of the determination appealed from or 30 days after the board has mailed
				  an acknowledgment of receipt of the appeal with instructions for ordering the
				  transcript, whichever is later, excluding the date of determination. Proof that
				  the transcript has been ordered shall consist of acknowledgment of receipt of
				  such order by the contractor. Forms for ordering transcripts may be obtained
				  from the administrative appeals board, any district office of the department,
				  any traffic violations bureau or from any motor vehicle hearing
				  officer.
(c) If a request for
				  review of the transcript is made, and the transcript is not submitted in timely
				  fashion in accordance with subdivision (b) of this section, the appeal will be
				  deemed untimely and will not be considered. However, upon written notice made
				  within 45 days from the date after written notice is given of the determination
				  appealed from, excluding the date of the determination, a request for review
				  with a transcript can be amended to a request for review without a
				  transcript.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.5 - Determinations and stays

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  appeals board shall issue a decision as promptly as possible after the date the
				  appeal is finally submitted.
(b) If
				  a final disposition is not made within 30 days after an appeal has been finally
				  submitted, any suspension or revocation order being appealed will be
				  automatically stayed until a final disposition is made. A stay may also be
				  granted, in its discretion, by the appeals board upon the request of the
				  appellant as prescribed in section 262  of the Vehicle and Traffic
				  Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.6 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
A determination of an appeal submitted pursuant to article
					 3-A or pursuant to this Part, or refusal to issue a stay pursuant to section 262  of the Vehicle and Traffic Law may be
					 reviewed pursuant to article 78 of the Civil Practice Law and
					 Rules.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.7 - Notification of procedures for appeals

Current through Register Vol. 46, No. 28, July 10, 2024
The requirement of filing an appeal from a determination of
					 the commissioner with the appeals board before a judicial review of such
					 determination may be commenced shall apply only if the appellant is provided
					 with written notification as to the existence of article 3-A of the Vehicle and
					 Traffic Law and this Part prior to or with the written notice of the
					 determination of the commissioner.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter K - Administrative Appeals › Part 155 - Appeals And Judicial Review-other Than Administrative Adjudication › Section 155.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Appeals pursuant to the franchised motor vehicle dealer
					 act. Section 471-a (5)  of the Vehicle
					 and Traffic Law provides that any party may file an appeal of a determination
					 made pursuant to such section in accordance with section 261 of such law. No
					 such determination shall be reviewed in any court unless an appeal has been
					 filed and determined by the appeals board.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.1 - Purpose and scope and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and scope.
(1) The people's right to know the process of
				  government decisionmaking and the documents and statistics leading to
				  determinations is basic to our society. Access to such information should not
				  be thwarted by shrouding it with the cloak of secrecy or
				  confidentiality.
(2) This Part
				  provides information concerning the procedures by which records may be obtained
				  from the Department of Motor Vehicles.
(3) The Department of Motor Vehicles shall
				  furnish to the public the information and records required by the Freedom of
				  Information Law and those which were furnished to the public prior to its
				  enactment.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records manager in the FOIL
				  Processing Center of the Department of Motor Vehicles, Swan Street Building,
				  Empire State Plaza, Albany, NY 12228, shall be the records access
				  officer.
(b) The records access
				  officer is responsible for maintaining a master index listing by subject
				  matter, records required to be disclosed by article 6 of the Public Officers
				  Law, and for receiving applications on a form prescribed by the Commissioner of
				  Motor Vehicles, for copies of records or inspection of records, which are
				  required to be disclosed by article 6 of the Public Officers Law and are listed
				  in the departmental master index as available.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.3 - Designation of fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The Director of Personnel, Department of Motor Vehicles, Swan Street Building,
				  Empire State Plaza, Albany, NY 12228, shall be the fiscal officer.
(b) The fiscal officer shall make payroll
				  records available for inspection and provide copies of such, upon application
				  by any person, including bona fide members of the news media as required under
				  section 88(1)(g), (1)(i) and (10) of the Freedom of Information Law upon a form
				  prescribed by the Comptroller of the State.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Motor Vehicles designates its FOIL
					 Processing Center at the Swan Street Building, Empire State Plaza, Albany, NY
					 12228, as the location where records shall be available for inspection and
					 copying.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.5 - Hours of public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Motor Vehicles shall accept requests for
					 public access to records and produce records between the hours of 8:30 a.m. and
					 4:30 p.m. on any business day.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records may be on a form
				  prescribed by the Commissioner of Motor Vehicles; except that where the request
				  is for payroll records, it shall be on a form prescribed by the Comptroller of
				  the State.
(b) The Department of
				  Motor Vehicles shall respond within five business days to a written request for
				  records, reasonably described. Such response shall consist of either:
(1) the furnishing of the records requested;
				  or
(2) the denial of the request in
				  writing; or
(3) a written
				  acknowledgment of the receipt of the request and a statement of the approximate
				  date when such request will be granted or denied.
If the department determines to grant a request in whole or
					 in part, and if circumstances prevent disclosure to the person requesting the
					 record or records within 20 business days from the date of the acknowledgment
					 of the receipt of the request, the agency shall state, in writing, both the
					 reason for the inability to grant the request within 20 business days and a
					 date certain within a reasonable period, depending on the circumstances, when
					 the request will be granted in whole or in part. Failure of the department to
					 conform to the provisions of this subdivision shall constitute a denial of
					 access to records subject to appeal pursuant to section
					 160.7 
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter L - Public Access To Records › Part 160 - Freedom Of Information › Section 160.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Chair of the Administrative Appeals Board, Swan Street Building, Empire State
				  Plaza, Albany, NY 12228, and/or such other designee of the Commissioner, shall
				  hear appeals for denial of access to records under the Freedom of Information
				  Law.
(b) Denial of access to
				  records shall be in writing, stating the reason therefor and advising the
				  requester of his right to appeal.
(c) An appeal from a denial of access to
				  records shall be made within 30 days of such denial and shall be in writing,
				  stating the reason therefor, the date and location of the request for records,
				  the records to which the requester was denied access, and the name and return
				  address of the requester.
(d) The
				  time for deciding an appeal shall commence upon receipt of written appeal.
				  There shall be no fee for an appeal.
(e) A decision on an appeal shall be rendered
				  in writing within 10 business days of the receipt of the appeal.
(f) A final denial of access to a requested
				  record shall be subject to court review as provided for in article 78 of the
				  Civil Practice Law and Rules.