N.J. Admin. Code § 13:20-18.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-18.14 - Operating requirements

(a) A provider's classroom facilities and equipment shall conform to the standards established by the Motor Vehicle Commission, be located in New Jersey, and meet all applicable State and local zoning, building, fire, health, and safety regulations.

(b) Classes may be conducted in classroom facilities located at public, private, or parochial schools, or other location(s) subject to the approval of the Chief Administrator, and shall be subject to the following standards. The class shall:

1. Provide a minimum per participant space of at least 15 square feet and be adequately lighted, heated, and ventilated;

2. Be equipped with desks or tables, electrical outlets, and a blackboard or similar device;

3. Be within a building containing bathroom facilities that accommodate both sexes;

4. Not be conducted from a location or conducted in such a manner as to give the appearance to the public that the business has an official connection with a Commission, facility, or authorized motor vehicle agency;

5. Not be conducted from a private residence, liquor store, bar, grocery store, restaurant, tent, temporary stand, or temporary address; and

6. Have posted on the premises a certificate identifying the maximum occupant capacity of the premises to be used as a classroom.

(c) All remedial driver education courses are subject to audit by the Chief Administrator or his or her designee, at any time and at the Chief Administrator's discretion. Failure to cooperate with an audit conducted under this subsection shall be grounds for suspension or revocation of provider's license issued pursuant to this subchapter.

(d) A provider shall:

1. Use only instructors licensed by the Commission and certified by the curriculum sponsor;

2. Be responsible for scheduling, and, where necessary due to the provider's need to reschedule, rescheduling participants for the appropriate remedial driver education course and ensure that there is an available class scheduled prior to participant's compliance date;

3. Notify the Chief Administrator, on a form and in a format to be specified by the Chief Administrator, of the names of the enrollees, and the date, time, and place of each scheduled class, within five business days of scheduling the class;

4. Notify the Chief Administrator, in writing, within two business days of the cancellation or rescheduling of any class;

5. Be responsible for providing to each participant, the necessary course materials, including instructional materials, workbooks, or aids as required by the approved course curriculum. All materials provided by the provider to a participant shall include the provider's name, phone number, and Commission-issued license number;

6. Use only the curriculum, instructional materials, and forms approved by the Chief Administrator;

7. Notify the Chief Administrator, in writing, of any changes or updates to the Commission-approved curriculum within five business days of the effective date of the change or update, and provide the reason for the change or update to the Commission-approved curriculum;

8. Maintain an attendance roster on a form and in a format to be supplied by the Commission for each class, which roster shall include:

i. The provider's name and license number;

ii. The instructor's name and signature;

iii. The instructor license number;

iv. Each participant's name, address, date of birth, permit or license number, and signature;

v. The name of the remedial driver education course taught;

vi. The date of the class;

vii. The date the class was completed by each participant; and

viii. Information detailing which participant(s) rescheduled, along with the date of the rescheduled class;

9. Comply with the requirements of all applicable State, local and Federal anti-discrimination laws and regulations including, but not limited to, the Americans with Disabilities Act (ADA);

10. Notify the Chief Administrator, in writing, of the identity of the individual(s) who will be authorized to transmit remedial driver education course completion information to the Commission;

11. Notify the Chief Administrator, in writing, by the end of the next business day, if the individual(s) authorized to transmit data to the Commission is(are) no longer employed by the provider or no longer authorized to transmit completion information to the Commission;

12. Require each participant in a remedial driver education course to present a government-issued driver's license or photo identification card immediately prior to the commencement of classroom instruction;

13. Immediately upon completion of the course and at the course location, issue to participants who successfully complete the course a certification of program completion that includes the following:

i. The provider's name, address, and phone number, and the Commission-issued provider identification/license number;

ii. The participant's full name as it appears on the assignment letter and driver's license or photo identification card;

iii. The participant's date of birth;

iv. The participant's driver's license number;

v. The date the program was completed; and

vi. The location where the program was completed; and

14. Monitor each instructor's driving record and:

i. Immediately notify the instructor, if the instructor's driving record is unsatisfactory pursuant to the standards set forth in this subchapter;

ii. Not schedule an instructor to teach remedial driver education who has an unsatisfactory driving record; and

iii. Notify the Commission by letter, email, or facsimile of the action taken by the provider against the instructor. Upon notice to the provider, the Chief Administrator may require electronic transmittal of such information by the provider.

(e) Prior to enrollment and payment of any fees from the participant to the provider, the provider shall make available the following information, in writing or by electronic means, such as, but not limited to, a website or email, to program participants:

1. Classroom locations and course dates and times;

2. A notice of services provided, which shall include provider's license number and provider's established policy regarding the program, including information on:

i. Scheduling, rescheduling, cancellations, and postponements; and

ii. Course fees, administrative fees (limited to a maximum of $ 25.00 for rescheduling; $ 5.00 for materials; and $ 25.00 for a dishonored check in addition to any bank fees charged in connection with the dishonored check), payment methods, and refunds;

iii. The provider's behavior policy; and

iv. The provider's privacy policy;

3. Notice that the updating of participant's driving record is dependent on the provider transmitting the remedial driver education course completion information to the Commission by the end of the next business day following completion of the program, pursuant to 13:20-18.16; and

4. Within 24 hours of payment of tuition, a receipt showing provider's license number and phone number, confirmation of class date, time and location, the course tuition charged to the participant, any administrative fees charged to the participant, and the amount paid by the participant.

(f) No provider shall issue a certification of completion to a participant who has not successfully completed the entire remedial driver education course.

N.J. Admin. Code § 13:20-18.14

Recodified from N.J.A.C. 13:19-14.14 and amended by R.2014 d.008, effective 1/6/2014.
See: 45 N.J.R. 842(a), 46 N.J.R. 103(c).
In (e)3, updated the N.J.A.C. reference. Former N.J.A.C. 13:20-18.14 was reserved.