New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter A - DRIVER LICENSING AND TRAINING
Part 10 - INTERNET PRE-LICENSING COURSE
Section 10.7 - Monitoring Internet Pre-Licensing courses

(a) Department Sponsors must permit the Department, or any designee of the Department, to supervise and/or monitor the internet pre-licensing courses.

(b) All internet pre-licensing courses are subject to routine evaluation by authorized representatives of the Commissioner. Any violations or irregularities with respect to course presentation, instructional quality, adherence to curriculum or any requirement prescribed by the Commissioner may result in sanctions against the course sponsor. Such sanctions may include suspension or revocation of the sponsor's approval to provide this course using the internet. Sponsors must allow the Department or its designee to make periodic unscheduled inspections of all sponsor facilities and records related to the delivery and administration of the internet pre-licensing course.

Any refusal or denial by an approved sponsor or its employee, agent, or representative to allow a designee of the Department to make an evaluation of the internet pre-licensing course may be due cause for a sanction.

(c) Sponsors must monitor the parameters of program delivery and adherence to a sponsor's approved course and timeframes, internal controls, and other measures to ensure that the participant receives a complete and effective course in full compliance with all applicable laws and regulations.

(d) In addition to any monitoring conducted by the Department or a third-party monitor selected by the Department, sponsors are responsible for policing their own program. Sponsors must implement sufficient controls to ensure that the approved internet pre-licensing course, including any time frames, testing, identity, and participation validation techniques, as well as customer service and support functions, remain accurate and functional at all times. System failures, unapproved changes, or absence of internal controls may result in suspension or revocation of the sponsor's internet pre-licensing course.

(e) Sponsors must procure an independent third-party monitor to ensure program integrity at their own expense. All reports prepared by such monitor must be provided to the Department. A minimum of one report per quarter prepared by such monitor must be provided to the Department.

(f) In the event that a course is monitored and found to be deficient by the sponsor's third-party monitor, a review of data transmission is found to be suspect, or the review of the sponsor's hosting, reporting, or security process appears deficient, a report of such deficiencies must be delivered in writing to both the Department and sponsor within 24 hours of identification. When notified of a deficiency, sponsors must investigate as soon as possible, but in no event shall the investigation be completed more than 10 calendar days after notification of such deficiency. Where a deficiency is confirmed, the sponsor must provide the Department with a remediation plan within 10 calendar days. Sponsors must correct the deficiency within 30 calendar days. The Department, in its discretion may, but is not required to, consider requests for extensions of time on a case-by-case basis.

If such request is considered, the Department may grant or deny the request.

(g) The Department may periodically audit any and all sponsor records and third-party monitor records related to the internet pre-licensing course. The sponsor must cooperate with such periodic audit conducted by the Department.

(h) The Department reserves the right to review and approve the use of third-party data or information for the purpose of validating student identity, this includes the review of any contracts, agreements, security protocols, and policies, and may consult any third-party data provider without permission from the sponsor.