Current through Register Vol. 46, No. 39, September 25, 2024
(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.
