N.Y. Comp. Codes R. & Regs. tit. 9 § 451.11

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

Section 451.11 - Commercial organization certification

(a) Initial application. The manager of a commercial organization that intends to provide the course for a fee to the public through an affiliation with more than one instructor must apply to the agency in December of each year on forms provided by the agency to obtain a commercial organization certification. The application must be filled in completely and include the following:

(1) the name of the commercial organization;

(2) the commercial organization's principal place of business which is the mailing address for all correspondence and exchange of materials and forms between the organization and the agency;

(3) the names and addresses of the owner and manager of the commercial organization. If the owner and manager signing the application have ever used or have ever been known by another name, such name or names must be listed on the application. If the commercial organization changes ownership, management, or dissolves, the agency must be notified within 10 days;

(4) the names and addresses of all instructors affiliated with the commercial organization;

(5) statements attesting to the owner's and manager's good characters, reputations, fitness, and ability to comply satisfactorily with this Part. The application must be certified and signed by the owner and manager and their signatures must be notarized. Excluding requested information or making a partial or false entry on any part of the application is a violation of this section and will result in a denial of the application.

(b) Renewals. A renewal application must be submitted at least 30 but not more than 60 days prior to the expiration date of the commercial organization certification that is being renewed. Failure to file a renewal application within this period may delay issuance of the renewal certification, and result in a time period during by which the applicant is uncertified and not authorized to provide the course. The agency shall not accept a renewal application after December 31st which is the expiration date of the commercial organization certification, and the applicant must apply for re-issuance of an initial commercial organization certification.

(c) Certification. The agency may issue a commercial organization certification and renewal certifications upon satisfactory completion of the application. A commercial organization certification must be held solely by the commercial organization to which it is issued and shall not be transferred to another commercial organization. It must be prominently displayed in the principal place of business or the training facility. The commercial organization certification shall include the following information:

(1) the name of the commercial organization;

(2) the names of the owner and manager of the commercial organization;

(3) the address of the principal place of business of the commercial organization;

(4) a list of affiliated instructors;

(5) the expiration date, which is December 31st of the year for which the certification is issued.

(d) The commercial organization must:

(1) not knowingly affiliate with or employ any instructor who has been convicted of or charged with a felony, misdemeanor or violation (except a traffic infraction) unless prior approval to employ or affiliate with this person is granted by the agency, upon a sworn and notarized affidavit or other proof of the facts as the agency shall require from that instructor or the owner, manager, partner, officer, agent or employee of the commercial organization;

(2) not use an instructor whose certification has been suspended or revoked by the agency under this Part;

(3) ensure that affiliated instructors maintain the standards set forth in this Part and in the New York Safe Boating Instructor Guide;

(4) use another instructor to audit each instructor's class performance and recordkeeping at least once per year and provide the results of the audit to the agency on the provided forms;

(5) ensure that the training facility used by an affiliated instructor meets the definition in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 451.11