N.J. Admin. Code § 13:61-1.6

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

Section 13:61-1.6 - Inspection of approved courses

(a) The Superintendent or designee may inspect the records or facilities of any approved provider to verify compliance with this chapter. The Superintendent or designee may require approved course providers, prospective course providers, approved boat safety instructors, prospective boat safety instructors, boating safety course clerical administrators or prospective boating safety course clerical administrators to attend an annual information session on boat safety education standards and procedures conducted by the Marine Services Bureau.

(b) Every approved boat safety instructor and approved course provider, by seeking and accepting approval to teach and/or administer approved boating safety courses, is deemed to have given consent, to the New Jersey State Police or an individual authorized by the Superintendent, to inspect any boating safety course or proctored test for an Internet course, without notice. Should a boat safety instructor or course provider wish to conduct an approved boat safety course or proctored test in a private residence, or in a location that is not open to the public during the time that the course will be administered, or in any other location for which the approved instructor or provider does not have the authority to grant access, the approved instructor or provider shall first obtain from the property owner and/or individual having authority to grant access to the property, a signed waiver, stating that they have been made aware that the New Jersey State Police, or an individual authorized by the Superintendent, may inspect the course or test at any time, to check for compliance with New Jersey laws and rules and agreeing to provide access for such purpose. Should New Jersey State Police, or other authorized personnel be denied entry into a boat safety course or test, or should entry into a boat safety course or test be unreasonably delayed for any reason, that course or test shall be considered null and void, the course provider shall not issue a temporary boat safety certificate and the Superintendent shall not issue a New Jersey boat safety certificate to any individual based on completion of that course.

(c) Should any boating safety course or test be found to have been administered in a manner that is not in compliance with 12:7-60 and 61 or this chapter, that course shall be deemed null and void, and the Superintendent shall not issue New Jersey boat safety certificates based on that course.

(d) Every boating safety course or proctored test for an Internet course administered for the issuance of New Jersey boat safety certificates shall be administered within the State or within 20 miles of the borders of the State. The Internet portion of an Internet course is not required to be completed within the State or within 20 miles of the borders of New Jersey, however, the final exam required in 13:61-1.4(e) shall be completed within the State or within 20 miles of the borders of New Jersey.

(e) A boating safety course that is administered for the issuance of New Jersey boat safety certificates, whether administered via the Internet or in-person, during which class participants will be provided the opportunity to earn any other type of certification, including, but not limited to, certificates for any other state or jurisdiction, shall be taught in full compliance with the provisions of 12:7-60 and 12:7-61 and this chapter. The time required to present course topics and materials, complete testing, conduct administrative duties or complete any other task necessary to acquire anything other than a New Jersey boat safety certificate, shall not be counted toward the minimum time requirements for approved New Jersey boating safety courses as specified in 13:61-1.4(d).

(f) The approved course provider shall file, with the Marine Services Bureau, in a manner deemed appropriate by the Superintendent, notice of every boating safety course or proctored test for an Internet course, to be administered for the issuance of New Jersey boat safety certificates, including those courses and tests that are administered within private residences and/or out-of-State. Notice shall be provided at least one week prior to the scheduled date and time in which the course or test is to commence. The notice shall include the location of the course or test, including address, which cannot be a Post Office box; name of business or organization on whose property the course or test will be administered or the name of the property owner if the course or test is to be administered on private property, such as at a private residence; telephone number; name of instructor(s); date(s) of the course or test; and time(s) in which the course or test will be administered, including start and finish dates and times, of the course or test.

(g) Any changes in course or test schedule or location after the initial filing, shall be reported immediately to the Marine Services Bureau. Changes in course or test location or schedule, other than cancelling the course or test or substituting an instructor, may not be made within three days, not counting weekends or legal holidays, of the scheduled course or test date, without the prior written approval of the Marine Services Bureau.

(h) Prior to any instructor substitutions or course and/or test cancellations being made within three days, not counting weekends or legal holidays, of the scheduled start of the course or test, notice of instructor substitutions and course or test cancellations, the provider shall immediately notify the Marine Services Bureau.

(i) Any course provider or instructor who fails to comply with the provisions of this section, who fails to cooperate with the Marine Services Bureau during a compliance check or who fails to provide accurate information on matters pertaining to the administration of an approved boating safety course, is subject to suspension or revocation.

N.J. Admin. Code § 13:61-1.6

Petition for Rulemaking.
See: 34 N.J.R. 1557(c), 1871(a).
Amended by R.2003 d.376, effective 10/6/2003.
See: 35 N.J.R. 1792(a), 35 N.J.R. 4729(a).
Rewrote the section.
Amended by R.2010 d.296, effective 12/20/2010.
See: 42 N.J.R. 2003(a), 42 N.J.R. 3063(b).
Inserted designation (a); rewrote (a); and added (b) through (i).