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 138.9 - 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 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 or any applicable law or a sponsoring
				  agency has failed to provide oversight of its delivery agencies in accordance
				  with this Part;
(2) a course which,
				  after evaluation, proves ineffective or which contains any changes which have
				  not been approved;
(3) a sponsoring
				  agency or delivery 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;
(4) failure or refusal of a
				  manager, owner, operator, officer, partner, or employee of the sponsoring
				  agency or delivery agency to permit the department or its representatives to
				  inspect any of the offices, records, classrooms or courses;
(5) 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
				  or, in the case of a delivery agency or instructor, to the sponsoring
				  agency;
(6) failure or refusal of
				  the managers, owners, operators, officers, partners, or employees of the
				  sponsoring agency to produce approval and/or termination records for delivery
				  agencies and instructors when requested to do so by the department;
(7) failure or refusal to maintain standards
				  in accordance with this Part for instructors or to secure the services of
				  qualified instructors or to secure the use of equipment sufficient to maintain
				  the delivery agency or classes;
(8)
				  failure to advise the department within 30 days of a change in the sponsoring
				  agency's ownership, name or address;
(9) 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;
(10) provision of a course completion
				  notification to the department, or, in the case of a delivery agency or
				  instructor, to a sponsoring agency, for a person who has not completed the
				  course;
(11) provision of a course
				  completion certificate to a person who has not completed the course;
(12) failure to terminate an instructor when
				  the sponsoring agency becomes aware of the fact that such instructor's driving
				  privileges have been suspended, revoked or restricted or that such instructor
				  does not meet the standards set out in this Part;
(13) conviction for any felony or crime
				  involving fraudulent activity by any manager, owner, operator, officer,
				  partner, employee or instructor of the sponsoring agency or delivery
				  agency;
(14) teaching the course in
				  locations that have not been approved in accordance with section
				  138.8  of
				  this Part;
(15) failure to display
				  an instructor's full name, delivery agency name, telephone, and code number,
				  sponsor's name and telephone number in the classroom during class time;
				  or
(16) failure of the sponsoring
				  agency to monitor its delivery agencies and instructors as required by section
				  138.10 
				  of this Part and, in cases where evidence of impropriety is discovered, failure
				  to take appropriate steps to correct the impropriety or terminate the delivery
				  agency or instructor if necessary. In cases where allegations of fraudulent or
				  criminal activity are presented, (including but not limited to, false
				  advertising, short classes, fraudulent sale or issuance of completion credit or
				  certificates to those who are not legally entitled to receive them) failure to
				  provide timely notification to the department and, upon request, investigate
				  the matter.