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 › Registration Procedure › Section 76.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every person
					 desiring to engage in the business of conducting a drivers' school shall, prior
					 to engaging in such business, secure a license for such purpose. Applications
					 for a license, either original or renewal, must be made on forms prescribed
					 therefor by the Commissioner of Motor Vehicles. Such forms may be obtained from
					 the Department of Motor Vehicles public website.
(b) Applications should be filed at the
					 drivers' school unit in the central office of the Department of Motor Vehicles,
					 Albany, New York.
(c) Contents of
					 application.
(1) If an application is made by
					 an individual, it must be signed and sworn to by such individual. In the case
					 of a corporation, the application must be signed and sworn to by an officer and
					 the holders of 20 percent or more of the shares thereof, and shall have
					 attached thereto a list of the directors and such shareholders with their names
					 and addresses. In the case of an association, the application shall be signed
					 and sworn to by the president or other chief officer of the association and by
					 the secretary thereof. In the case of a partnership, the application must be
					 signed and sworn to by all partners.
(2) Each application shall also set forth the
					 name and address of a person designated as the manager of the business, who
					 shall be responsible for the daily operation of the drivers' school; and the
					 application shall also be signed him unless he shall be one of the same persons
					 otherwise required by the provisions of the preceding paragraph to sign the
					 same. In the case of an individual proprietorship, the proprietor, and in the
					 case of a partnership, one of the partners, may be designated as the manager;
					 in all other cases, the person designated as the manager shall be a regular
					 employee of the applicant, whether as an officer thereof or otherwise,
					 performing the functions of a manager of the business.
(3) The application must be fully completed,
					 including the names and addresses of all certified instructors and, if the
					 applicant, officer, partner, manager or other person signing the same as
					 required has ever used or has ever been known by another name, such name or
					 names must be listed on the application.
(4) A copy of each form used or required
					 pursuant to section
					 76.8  of
					 this Part must be submitted to the department for approval when application is
					 made.
(5) As part of an original
					 application, a certified copy of certificate of assumed business name, a
					 certified copy of business entity formation documents, or copy of the filing
					 receipt having been obtained from the Secretary of State's office must be
					 submitted. If none of the above documents apply to the applicant, a certified
					 copy of a business certificate having been obtained from the County Clerk's
					 office must be submitted with the application. As part of a renewal
					 application, such certificate or filing receipt must be submitted only in the
					 event that the business is to be conducted under an assumed name different than
					 the name under which the business was previously conducted.
(6) Unless such drivers' school shall have
					 been so licensed prior to the effective date of this Part, no license will be
					 issued to a drivers' school under a name or title which is the same as the name
					 or title of any other school holding a license or is a name or title so similar
					 to the name or title of a school holding such license as to tend to confuse or
					 deceive.