N.Y. Comp. Codes R. & Regs. tit. 2 § 153.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 153.8 - Certification as an approved training course

(a) Any person or organization may develop a training course which complies with the provisions of sections 153.4 through 153.6 of this Part and apply to the State Comptroller for certification of the course as an approved training course.

(b) Application for certification as an approved training course shall be made on a form prescribed by the State Comptroller. The application shall:

(1) identify the applicant, including the applicant's address and contact information;

(2) describe how the applicant intends to comply with the provisions of section 153.4 and 153.6 of the Part by including a detailed outline of each course module which specifies the amount of time to be devoted to each subject and topic included within the module;

(3) describe how the applicant intends to comply with the provisions of sections 153.5 and 153.7 of this Part; and

(4) list each city or town in which the applicant expects to offer the training course if the training course is to be offered at one or more specific locations or facilities.

(c) Applications shall be evaluated on the basis of compliance with the provisions of sections 153.4 through 153.6, and 153.7 of this Part.

(d) Within 45 days of receiving an application for certification as an approved training course, the State Comptroller shall approve or disapprove the application.

(e) If an application for certification as an approved training course is approved, the State Comptroller shall issue to the applicant documentation evidencing such certification. Except as provided in subdivision (g) of this section, such certification shall be valid for the five-year period commencing on the date of issue of such documentation and shall expire at the end of that period. The date on which the certification expires shall be shown on the documentation. The applicant shall retain the documentation until the date on which the certification expires. Commencing 90 days prior to the date on which the certification expires, a person or organization may reapply for certification.

(f) If an application for certification as an approved training course is disapproved, the State Comptroller shall issue to the applicant a statement indicating the reason or reasons for the disapproval. Following the receipt of that statement, the applicant may submit a new application pursuant to this section.

(g) The State Comptroller may revoke certification as an approved training course in the event that the Comptroller determines that there has been a material departure from the requirements of sections 153.4 through 153.7 of this Part, or a material departure from the representations made in the application for certification. Prior to revoking certification, the State Comptroller shall issue to the person or organization to which the certification was issued notice of intent to revoke the certification, stating the reason for revoking the certification and providing the person or organization with 20 days to reply. If the State Comptroller does not receive a written reply within the 20 days, or if a timely reply is determined to be unsatisfactory, the Comptroller may revoke the certification by issuing to the person or individual a notice of revocation stating the reason for revoking the certification.

(h) The State Comptroller shall maintain a record of all persons and organizations which have received certification of an approved training course, the dates on which such certifications expire and, if a certification has been revoked, the date of the revocation.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 153.8