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 451.9 - Instructor or commercial organization recordkeeping

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 451.9

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

The agency will provide the required student record forms and course attendance forms to each instructor or to a commercial organization for those courses that the instructor or commercial organization pre-registers with the agency.

(a) The instructor must ensure that the student fills out the student record form prior to taking the final examination.

(b) The instructor or the manager of the commercial organization must maintain and account for the student record form. The instructor or commercial organization must immediately notify the agency of the loss, destruction or mutilation of a student record form. The agency may decline to issue a boating safety certificate to a student whose student record form is missing, mutilated, destroyed, or fraudulently completed.

(c) The instructor must submit the completed student record forms and the completed course attendance form to the agency within seven days of the course's conclusion. Alternatively, an instructor affiliated with a commercial organization may send the forms to the manager of the affiliated commercial organization within seven days of the course's conclusion. The manager, in turn, must send the complete course forms to the agency within 21 days of the course's conclusion.

(d) Student record forms not accounted for on an instructor's course attendance form may be rejected by the agency and the agency may not issue a boating safety certificate to the student.

(e) If the instructor's certification is suspended or revoked or if an instructor ceases teaching, the instructor must return the completed, partially-completed or unused student record forms and course attendance forms, and surrender the instructor's certification to the agency.

(f) The instructor who is affiliated with a commercial organization may transfer all completed or unused student record forms and course attendance forms to the manager of the commercial organization. The manager must provide an accounting of the forms to the agency and may:

(1) provide another affiliated instructor to teach a course that is in progress;

(2) immediately return the unused forms to the agency; or

(3) re-distribute the unused student record forms to other instructors affiliated with that commercial organization.

(g) The instructor or manager of the commercial organization shall maintain a record of all experts who teach a class during a course. Each record shall indicate the name, address, qualifications of the expert and lecture date.

(h) Additional recordkeeping requirements for a commercial organization. The agency may issue student record forms to a commercial organization in batches of up to 250 maximum for pre-registered courses. All outstanding forms in one batch must be accounted for by the manager of the commercial organization before the agency may issue a new batch. This accounting shall include:

(1) tracking each student record form on a schedule form provided by the agency and making the schedule available upon the agency's request;

(2) disbursing only the required number of student record forms to affiliated instructors on a monthly basis;

(3) notifying the agency within seven days of receiving mutilated or destroyed student record forms or within seven days of learning that forms may be missing; and

(4) keeping copies of all records required to be submitted under this Part for five years and making them available to the agency for inspection when requested.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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