N.J. Admin. Code § 13:21-24.3

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

Section 13:21-24.3 - Sponsoring agency qualifications

(a) In order to qualify as an approved sponsoring agency pursuant to this subchapter, an entity shall:

1. Request approval from the Chief Administrator, on official letterhead signed by the chief executive officer or designee of the entity;

2. Demonstrate its course's effectiveness in terms of either reduced moving violation convictions or accident involvement or both by licensees who have satisfactorily completed its motor vehicle defensive driving course;

3. Provide the Chief Administrator with the name and title of the official of the sponsoring agency designated as the liaison between the sponsoring agency and the Commission;

4. For defensive driving courses provided in a traditional classroom setting, demonstrate by written operating procedures and/or on-site visitation by the Chief Administrator or designee, that its instructors are qualified to conduct its motor vehicle defensive driving course;

5. For DVD/video or online, computer-assisted, courses, provide sufficient demonstration through written operating procedures and by providing a gratis test of a representative course in its entirety for review by the Chief Administrator or designee and shall further:

i. Provide a description of the technology to be used to present the course, technical specifications, a DVD/video, or an online course description document, and a verbatim transcript of the DVD/video or online course including all module completion quizzes, proficiency examinations, and answer keys to be presented;

ii. Provide a description of the security mechanisms the sponsoring agency will employ, at random intervals, in administering the course, the module completion quizzes, and the proficiency examinations and shall include:

(1) At a minimum, sufficient technology to ensure and verify the identity of the individual taking the course throughout the duration of the course and the proficiency examination, which may include the use of computer mounted cameras or available biometric technology;

(2) Security mechanisms employing the use of, at least, personal validation questions, course environment questions, and third party verification of personnel information questions and which may include the use of e-mail or telephonic verification processes; and

(3) If, due to advances in technology, additional security mechanisms become available, the Commission, upon notice and review, may approve changes to the course delivery. Changes to course technology and/or security mechanisms, must be at least as secure as those originally approved by the Commission;

iii. Provide appropriate technology to capture student responses and additional information including:

(1) Electronic time logs for each informational module to ensure temporal duration requirements are met; and

(2) Student responses to all questions including answers to proficiency examinations, module completion quizzes, personal validation questions, course environment questions, and third party verification of personal information questions; and

iv. Require as a condition of satisfactory course completion the licensee's passage, with a minimum passing grade of 80 percent, of a course content proficiency examination administered using approved security mechanisms. The course provider may permit the licensee, if they do not meet the minimum passing grade, to retake the proficiency examination up to two times after sufficient course review; and

6. For DVD/video courses, the provider must include an explanation of the process that will be used for updating all DVD/video course curricula.

(b) All data required by the Commission must be readily available upon request and securely and reliably provided. All information must be inaccessible by unauthorized third parties.

(c) The Chief Administrator shall not approve an entity seeking to offer a DVD/video or an online, computer-assisted, motor vehicle defensive driving course as a sponsoring agency to conduct such a course, unless the entity can demonstrate to the satisfaction of the Chief Administrator that the security mechanisms, required by this section to be employed in administering such a course, adequately ensure that the identity of the student taking the course can be verified on a continual basis for the duration of the course, and that the security mechanisms eliminate to the extent practicable the potential for abuse or fraud.

(d) The Chief Administrator shall, in accordance with 13:21-24.9, suspend or revoke a sponsoring agency's status as an approved agency if, after such approval is initially granted, the Commission learns that the entity's security mechanisms are inadequate.

N.J. Admin. Code § 13:21-24.3

Amended by R.2006 d.250, effective 7/3/2006.
See: 38 N.J.R. 445(a), 38 N.J.R. 2875(a).
Substituted "Chief Administrator" for "Director" throughout; in (a)4, substituted "Commission" for "Division of Motor Vehicles".
Amended by R.2007 d.354, effective 11/19/2007.
See: 39 N.J.R. 160(a), 39 N.J.R. 4943(a).
In (a)1, inserted a comma following "Administrator"; in (a)4, deleted "and" from the end; in (a)5, substituted "For defensive driving courses provided in a traditional classroom setting, demonstrate" for "Demonstrate" and substituted "; and" for a period at the end; and added (a)6 and (b) through (d).
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
Deleted (a)2; recodified former (a)3 through (a)6 as (a)2 through (a)5; in (a)4, deleted "and" at the end; in the introductory paragraph of (a)5, inserted "DVD/video or"; in (a)5i, inserted "a DVD/video, or" and "DVD/video or", and inserted a comma following "examinations"; in (a)5iv, substituted "; and" for a period at the end; added (a)6; and in (c), inserted "a DVD/video or".