Sec. 138.6. Delivery agency approval

(a) All delivery agency applications must be reviewed and approved by an approved sponsoring agency before the delivery agency may conduct a course which qualifies for point and insurance reduction benefits.

(b) In order to be approved by a sponsoring agency, a delivery agency must:

(1) have at least one qualified instructor on staff pursuant to section 138.7 of this Part;

(2) have one or more classrooms which meet standards set out in section 138.8 of this Part;

(3) offer a course approved pursuant to section 138.4 of this Part;

(4) comply with section 1304 of the Not-for-Profit Corporation Law if the delivery agency is a foreign not-for-profit corporation or section 1304 of the Business Corporation Law if the delivery agency is a foreign profit making corporation;

(5) submit to the sponsoring agency copies of the forms filed with the appropriate county clerk if the delivery agency is an individual, partnership and/or d/b/a;

(6) submit to the sponsoring agency a copy of the certificate of incorporation filed with the Secretary of State if the delivery agency is a corporation or, if applicable, a copy of the charter issued by the New York State Board of Regents; and

(7) submit to the sponsoring agency the Federal employer tax identification numbers and/or Federal social security account numbers of the owners, operators, managers and instructors and any other paid employee who is involved in the administration or delivery of any approved motor vehicle accident prevention course.

(c) No delivery agency shall represent itself as a driving school unless it has a valid driving school license issued by the department pursuant to Part 76 of this Title. A copy of the current driving school license shall be submitted to the sponsoring agency and kept on file.

(d) As a condition of approval, all delivery agency managers, owners, operators, officers, partners and employees must sign a prepared statement, provided by the sponsoring agency, acknowledging the fact that they have read and agree to comply with this Part and all other applicable laws, regulations, policies and procedures.