New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 76 - Drivers' Schools › Required Records › Section 76.8 - Records and contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 licensee shall maintain the following records and shall keep them current by
					 posting each transaction by the close of the third business day following the
					 date of the transaction:
(1) A student
					 record, which may include either electronic or hardcopy media, for each student
					 must contain the complete name, address and telephone number, if any, of such
					 student, the number of each written contract entered into by him, if any,
					 description of services rendered with date and time thereof, name of the
					 instructor performing such services, and number of each receipt given to the
					 student. Such records must be filed and maintained in alphabetic order, but may
					 be maintained in two parts, active and inactive. The student record may not be
					 removed from such file except for posting transactions.
(2) A system to record receipts and
					 disbursements. Such system may be maintained either electronically or in paper
					 form. Tracking must clearly identify whether the entry was a receipt or
					 disbursement. The date of each receipt, name of the student from whom received,
					 receipt number, and amount received must be entered therein; and the date of
					 disbursement, name of payee, description of each disbursement, and the amount
					 of payment must be entered therein. All copies of receipts, and the invoices
					 relating to such disbursement must be retained by the licensee in support of
					 such entries for a period of at least three years. In the case of a school with
					 one or more branch offices, disbursements and invoices may be maintained at the
					 main office and not at each branch office.
(3) A receipt is to be issued each time
					 monies are paid to the school for instruction, training, materials, or for any
					 service for which it is licensed and may make a charge. Such receipts must show
					 the name and address of the school, the receipt number, the name of the student
					 making the payment, the date of payment, amount paid, service rendered,
					 contract number, if any, and duration of each lesson and be signed by an
					 authorized representative of the school. The name and address of the school and
					 the receipt number must be reprinted. Receipt numbers must be in sequence and
					 repetition of numbers is not permissible. The original of each receipt is to be
					 given to the student or person receiving the service, and the duplicate is to
					 be retained by the school in numeric order.
(4) A licensee may substitute for the entries
					 with respect to receipts, as required by paragraph (2) of this subdivision,
					 consolidated entries showing the totals of named instructor's or receiver's
					 duplicate receipts for any one day, provided the entry shows the first and last
					 number of the receipts so issued by any one instructor or receiver. Only one
					 system of recordkeeping of receipts, either as provided for by paragraph (2) of
					 this subdivision or as provided for by this paragraph, may be used by any one
					 licensee.