(a) perform all administrative functions in connection with the course in accordance with this Part;
(b) ensure that each course begin with the distribution of a departmental statement (form C-32A) to each student describing point and insurance reduction benefits;
(c) permit only qualified and sponsoring agency-approved instructors to conduct the courses for point and insurance reduction benefits;
(d) provide the sponsoring agency with all information necessary for the issuance of course completion certificates and for notification to the department of each motorist who completes the course; this information must be submitted in accordance with the requirements of the sponsoring agency;
(e) refund any tuition collected from persons enrolled in the course in any case in which the course is not conducted;
(f) allow the department both to audit the program records of the approved course and to monitor and evaluate any and all portions of the program; completed the number of hours as required under article 12-B of the Vehicle and Traffic Law, and that any false information on this roster will be used as evidence in a court of law and/or administrative proceeding;
(g) advertise its course in compliance with the requirements set forth in section 138.13 of this Part;
(h) provide the sponsoring agency with a schedule of class dates, locations, times and instructor names no less than 30 days prior to holding any class; Delivery agencies are not permitted to hold a class unless this requirement has been met. Under no circumstance may any delivery agency or instructor use a classroom facility that has not been approved by the sponsoring agency in accordance with section 138.8 of this Part;
(i) have an instructor approved by the sponsoring agency teach each course conducted in accordance with section 138.7 of this Part;
(j) have, and make available upon request, written policies and procedures for handling student records for the course;
(k) not allow any person to conduct a course who is not employed by the sponsor-approved delivery agency and approved by the sponsoring agency;
(l) allow the department and/or the sponsoring agency to make periodic inspections of classroom facilities;
(m) cooperate with representatives of the department and/or sponsoring agency and upon request, exhibit all records, instructional aids or such materials as may be requested;
(n) retain a roster of each class for a period of three years. The roster shall include the name of the attending motorist, printed legibly, and signed. Motorists shall sign the roster sheet at the beginning of class and when returning to class after each break. If the class is administered in two sessions, the attending motorist shall sign the roster for each session;
(o) comply with the Americans with Disabilities Act to the extent applicable;
(p) submit to the sponsoring agency Federal employer tax identification numbers and/or Federal social security account numbers of all delivery agency managers, owners, operators, officers, partners, employees or instructors;
(q) submit to the department proof of workers' compensation insurance for all delivery agencies who employ a number of employees as required under Workers' Compensation Law; and
(r) sign the following statement, which each sponsoring agency shall have printed on every class attendance roster, to be signed by the course instructor and delivery agency representative, if different from one another. The statement shall read: "Under penalty of law, I attest to the fact that the motorists whose names and signatures appear on this class attendance roster have successfully completed the number of hours as required under Article 12-B of the Vehicle and Traffic Law, and that any false information on this roster will be used as evidence in a court of law and/or administrative proceeding."
A delivery agency approved by a sponsoring agency must: