New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter V - Marine And Recreational Vehicles
Subchapter A - Motorboats
Part 451 - Safe Boating
Section 451.12 - Suspension or revocation of instructor or commercial organization certifications

Universal Citation: 9 NY Comp Codes Rules and Regs § 451.12

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

(a) Denial of applications for initial, renewal or re-issued commercial organization certifications or suspensions or revocations. The agency may deny any application for an initial, a renewal or a re-issued commercial organization certification or suspend or revoke it for any of the following reasons:

(1) the commercial organization or its owner or manager fails to comply with any of the provisions of this Part;

(2) the commercial organization, its owner, manager or any partner, officer or affiliated instructor of the commercial organization is convicted of a felony, misdemeanor or violation except a traffic infraction;

(3) the owner, manager, partner, officer or affiliated instructor of the commercial organization makes a material false statement or conceals a material fact in connection with the application for the commercial organization certification or renewal or refuses to comply with an audit request by the agency;

(4) the commercial organization, its owner, manager or any partner, officer or affiliated instructor of the commercial organization engages in a fraudulent practice;

(5) the owner, manager, partner, officer or affiliated instructor of the commercial organization fails to follow the prescribed procedures for obtaining an instructor certification issued by the agency;

(6) the commercial organization or any owner, manager, partner, officer, affiliated instructor or employee of the commercial organization harasses, threatens or assaults any other instructor, prospective student, student or agency representative.

The commercial organization may request a hearing by the commissioner on the suspension or revocation by certified mail within 10 days as outlined in subdivision (c) of this section.

(b) Immediate suspension. The agency may immediately suspend an instructor's certification or commercial organization's certification on written notice for a period not to exceed 90 days when it has reasonable cause to believe that the health or safety of the public would be jeopardized by allowing an individual to continue to be certified as an instructor or by allowing a commercial organization to continue to be certified to provide the course.

(1) The agency shall provide written notice of the immediate suspension by having it served in person by the agency staff or by an agent or by certified mail return receipt requested to the instructor's or commercial organization's address on the application forms. The notice shall include a brief explanation of the reason for the immediate suspension. The instructor or commercial organization may (within 10 days of receipt of the immediate suspension) send a request for a hearing in writing, return on the suspension to the commissioner by certified mail.

(c) Alternative suspension or revocation. The agency shall provide written notice of intent to suspend or revoke an instructor certification or commercial organization certification on a certain future date by certified mail return receipt requested to the instructor's or commercial organization's address on the application forms. The notice shall include a brief explanation of the basis for the suspension or revocation. The instructor or commercial organization may (within 10 days of receipt of the notice) send a request for a hearing on the suspension or revocation to the commissioner by certified mail. If the instructor or commercial organization does not request a hearing the suspension or revocation shall be final on the date in the agency's notice.

(d) The address for a hearing request is the Office of Parks, Recreation and Historic Preservation, Marine Services Bureau, 625 Broadway, Albany, NY 12233.

(e) Any hearing under this Part may be held by the commissioner's designee in Albany or in one of the agency's park regional headquarters, at the commissioner's discretion.

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