N.Y. Comp. Codes R. & Regs. tit. 9 § 451.10

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

Section 451.10 - Instructor certification

(a) Initial application. A person interested in teaching the course must apply directly to the agency for certification as a safe boating instructor before commencing course instruction. The application must be completed on forms prescribed and supplied by the agency. The application is available from and must be filed with the Office of Parks, Recreation and Historic Preservation, Marine Services Bureau, 625 Broadway, Albany, NY 12233.

(1) The applicant must provide a name, date of birth, address and any other names the applicant has used or been known by. All information or documentation requested on the forms must be provided. The applicant must sign and swear to the truth and accuracy of the information and have the signature notarized.

(2) A criminal background check will be conducted by the agency on each applicant.

(b) Requirements. An applicant for an initial instructor certification must demonstrate to the agency's satisfaction that he or she is:

(1) 18 years of age or older;

(2) of sound mind and good moral character;

(3) in possession of a boating safety certificate or a graduate of the New York State marine law enforcement course;

(4) familiar with safe boating practices and the Navigation Law and demonstrates that knowledge by passing an examination that may be written or oral at the discretion of the agency;

(5) in possession of course lesson plans and the New York Safe Boating Instructor Guide and has mastered the material;

(6) scheduled to attend or has attended a seminar entitled "Introduction to the New York Safe Boating Safety Course" which will be given upon request at least once a month at the Marine Services Bureau office in Albany, NY; and

(7) trained as an instructor and competent to teach the course as determined by the agency. In determining competency the agency may accept one or more of the following documents:

(i) a certified written recommendation from the supervising certified instructor on a form provided by the agency. This recommendation must indicate the applicant has assisted in teaching classes to the supervising instructor's satisfaction during at least four courses and as outlined in the New York Safe Boating Instruction Guide;

(ii) copy of a teaching license issued by the New York Board of Regents or equivalent teaching license issued by another state or province;

(iii) copy of an instructor development certification or other evidence of police officer, peace officer, firefighter or emergency medical personnel instructor training;

(iv) copy of current instructor certification issued by the United States Coast Guard Auxiliary or the United States Power Squadron;

(v) any other evidence acceptable to the agency that demonstrates to the agency's satisfaction the applicant has equivalent instructor training.

(d) Instructor certification. The agency reviews the initial application and requirements and may issue or deny the instructor certification. The certification is in the form of a card and includes a specific instructor number and an expiration date. The instructor must carry this card during class instruction and may hold it in lieu of a boating safety certificate (if one is required) when operating personal watercraft. The instructor must present the instructor certification upon request at any time to agency staff or the agency's designee along with photo identification.

(e) Instructor probation and agency's audit. The instructor in receipt of an initial instructor certification is subject to probation that ends after the initial two years or sooner if agency staff or the agency's designee issues a satisfactory evaluation after auditing the instructor's classroom teaching performance.

(f) Renewals. An instructor's certification is valid for a term of two calendar years and an instructor must apply for renewal prior to expiration of the certification. If an instructor has taught at least one course during the two-year term, has complied with the requirements of this Part and has obtained satisfactory evaluations if audited by the agency, then the certification will be automatically renewed.

(1) Alternatively, if an instructor applies for renewal of an expired certification within one year of the expiration date, the agency may require the instructor to do one or more of the following before renewing the certification:

(i) take the course again;

(ii) attend a seminar entitled "Introduction to the New York Safe Boating Course";

(iii) teach at least one course;

(iv) receive a satisfactory evaluation from agency staff or agency's designee after an audit of classroom performance; or

(v) pass a written or oral examination on safe boating practices and Navigation Law requirements.

(g) Any application submitted more than one year after the certification expires may be re-issued only at the agency's discretion and must comply with the requirements for initial instructor certification.

(h) Denial. The agency may deny an application for initial instructor certification or a renewal or re-issuance if the applicant conceals relevant information or knowingly makes a partial or false entry on any part of the initial, renewal or re-issuance application, or if the applicant fails to disclose a prior boating safety certificate or instructor certification suspension or revocation, or if the applicant has been convicted of or has any pending charges related to any felony, misdemeanor or violation, except a traffic infraction.

(i) Suspension or revocation. The agency may immediately suspend or revoke an instructor's certification under section 451.13 of this Part if the instructor:

(1) violates any section of this Part;

(2) refuses to permit agency staff or the agency's designee audit a class;

(3) receives two unsatisfactory evaluations;

(4) displays poor judgment or inappropriate behavior in interacting with students;

(5) has been convicted of or charged with any felony, misdemeanor or violation, except a traffic infraction;

(6) engages in any fraudulent practice; or

(7) harasses, threatens or assaults or otherwise disparages any other instructors, prospective students, students or agency representatives.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 451.10

Amended New York State Register March 8, 2023/Volume XLV, Issue 10, eff. 3/8/2023