Court-Ordered Education Programs Penalties and Sanctions
Texas Government Code Chapter 171
16 Texas Administration Code, Chapter 90
Class A Violations
Penalty: $100 to $500
Administrative Violations
| Violation |
Statute/Rule |
| Program provider failed to maintain and make available to participants information regarding course fees, schedules, methods of course delivery, and locations, as applicable, for all court-ordered programs provided by the program provider |
171.0305 |
| Program provider failed to set definite and reasonable course fees or assessed course fees on a class-by-class basis |
90.50(b)(1) |
| Program provider failed to maintain and make available written course schedules and fees charged for the program |
90.50(b)(2) |
| Program provider failed to establish procedures to resolve participant complaints |
90.50(e)(1) |
| Program provider failed to provide proper notice to participants of TDLR complaint process with TDLR contact information |
90.50(e)(2) |
| Program provider failed to submit annual report by September 15th of each year |
171.0303(e), 90.52(a) |
| Program provider failed to include required information in an annual report |
90.52(b) |
| Program provider or instructor failed to give a proper referral to an individual who is required to complete a court-ordered program |
90.50(d) |
Notice Violations
| Violation |
Statute/Rule |
| Instructor failed to carry the physical instructor license at all times while providing instruction at a court-ordered program |
171.0152(b) |
| Instructor failed to report, in writing, any felony or misdemeanor conviction against themselves |
90.28(a) |
| Instructor failed to notify the department within 30 days of any change in the instructor's name, mailing address, telephone number, or e-mail address |
90.28(b) |
| Program provider failed to notify the department in writing within 30 days of any change in the program provider's address, telephone number, e-mail address, website address, or change in the registered agent, ownership, or instructor |
90.34(a) |
| Program provider failed to maintain a registered agent in the State of Texas |
90.34(c) |
| Proposed new owner of a program provider failed to apply for a new program provider license with an endorsement for each type of court-ordered program to be offered by the new owner within 30 days before the date of the change in ownership |
171.0202 |
Course Violations
| Violation |
Statute/Rule |
| Program provider failed to make provisions for persons unable to read and/or speak English |
90.42(e) |
| Failed to teach all classes in a single course in the same language |
90.42(e) |
| Program provider or instructor failed to conduct all in-person classes in appropriate classroom facilities and settings that comply with the Americans with Disabilities Act and other requirements |
90.47(a), (c)-(e) |
Certificates of Program Completion Violations
| Violation |
Statute/Rule |
| Program provider failed to report all unaccounted-for certificates of program completion to the department within fifteen working days of the discovery of the incident |
90.49(g)(3) |
| Program provider failed to investigate the circumstances surrounding the unaccounted-for certificates of program completion |
90.49(g)(3) |
| Program provider failed to submit a report of the findings of the investigation into the unaccounted-for certificates of program completion, including preventative measures for recurrence, to the department within thirty (30) days of the discovery |
90.49(g)(3) |
Class B Violations
Penalty Range: $500 to $2,500 and/or up to a one-year full suspension
Record Violations
| Violation |
Statute/Rule |
| Program provider failed to collect and maintain the required information on each course participant |
90.51(a)-(d) |
| Program provider failed to retain each course roster and a copy of each issued certificate of program completion for at least three years from the date of course completion and all other records as defined in §90.10 for at least one year from the date of course completion |
90.51(e)-(f) |
| Program provider failed to maintain documentation necessary to determine compliance with all applicable requirements for at least three years |
90.50(c)(1) |
Course Violations
| Violation |
Statute/Rule |
| Failed to deliver a court-ordered program in the program format or at the location approved by the department |
171.0301(b)(3) |
| Instructor failed to utilize only the department-approved program curriculum for the specific type of program for which the instructor holds an appropriate license endorsement |
90.20(c) |
| Program provider failed to ensure that each court-ordered program is conducted in accordance with, and described in, the applicable and department-approved instructor manual under §90.40 |
90.30(c)(2) |
| Program provider failed to ensure that each court-ordered program utilizes the most current version of the department-approved curriculum and screening instruments for the specific type of program being taught |
90.30(c)(3), 90.40(a)-(b) |
| Program provider or instructor used supplemental media in a court-ordered program without prior written approval from the department |
90.40(c) |
| Program provider or instructor failed to use the applicable curriculum approved under §90.40, including all required videos, slides or transparencies, participant workbooks, booklets, and other resources or written materials |
90.42(b) |
| Program provider or instructor failed to present the applicable curriculum in the prescribed manner and sequence |
90.42(b) |
| Instructor failed to require participants to complete all class modules within a course in the proper sequence |
90.42(d) |
| Instructor failed to screen each participant and offer appropriate referral information to the participant, based upon the numerical score and accompanying referral recommendations on the approved screening instrument required to be administered |
90.42(f) |
| Screening instrument administered by someone other than the instructor or someone not under the instructor's direct supervision |
90.42(f) |
| Program provider or instructor failed to make available a current listing or roster of available chemical dependency counseling and treatment resources in the area to each participant whose numerical score and accompanying referral recommendations on the approved screening instrument indicate a potential substance abuse problem requiring further evaluation |
90.42(g) |
| Failed to complete all required registration, initial data collection, and administration of the screening instrument before commencement of the first class module |
90.42(h) |
| Instructor failed to administer a participant course evaluation at the end of each course |
90.42(i) |
| Instructor failed to conduct an exit interview with each participant, as outlined in the applicable educational program manual |
90.42(j) |
Drug Offender Education Program Violations
| Violation |
Statute/Rule |
| Drug Offender Education Program provider failed to provide the minimum number of hours of class instruction and proper class modules with the required number of participants |
90.43(a) |
| Drug Offender Education Program provider failed to administer and evaluate pre-course and post-course test instruments for each participant |
90.43(b) |
Alcohol Education Program for Minors Violations
| Violation |
Statute/Rule |
| Alcohol Education Program for Minors provider failed to provide the minimum number of hours of class instruction and proper class modules with the required amount of participants |
90.44(a) |
| Alcohol Education Program for Minors provider failed to administer and evaluate pre-course and post-course test instruments for each participant |
90.44(b) |
DWI Education Program Violations
| Violation |
Statute/Rule |
| DWI Education Program provider failed to provide the minimum number of hours of class instruction and proper class modules with the required number of participants |
90.45(a) |
| DWI Education Program provider failed to administer and evaluate pre-course and post-course test instruments for each participant |
90.45(b) |
| DWI Education Program instructor failed to notify the appropriate community supervision and corrections department and failed to forward a copy of the certificate of completion to the Texas Department of Public Safety within ten working days after course completion |
90.45(c) |
| DWI Education Program instructor failed to notify the appropriate community supervision and corrections department or the court and failed to forward a copy of the certificate of completion to the Texas Department of Public Safety prior to participant’s deadline for completing the course |
90.45(d) |
DWI Intervention Program Violations
| Violation |
Statute/Rule |
| DWI Intervention Program provider failed to provide the minimum number of hours of class instruction and proper class modules with the required number of participants and to conduct two individual sessions and an individual exit interview with each participant |
90.46(b) |
| DWI Intervention Program instructor failed to notify the appropriate community supervision and corrections department and failed to forward a copy of the certificate of completion to the Texas Department of Public Safety within ten working days after course completion |
90.46(c) |
| DWI Intervention Program instructor failed to notify the appropriate community supervision and corrections department or the court and failed to forward a copy of the certificate of completion to the Texas Department of Public Safety prior to participant’s deadline for completing the course |
90.46(d) |
Online Violations
| Violation |
Statute/Rule |
| Program provider failed to ensure that it has access to internet service with sufficient bandwidth to successfully provide an online course, without interruption to the participants, in such a manner that is conducive to instruction and comprehension |
90.48(a)(1) |
| Program provider failed to provide instructors with the proper equipment that is in good working order and that allows for virtual, real-time, and interactive presentation of all course materials for an online course |
90.48(a)(2) |
| Instructor failed to ensure that the online classroom camera was clearly focused on the instructor at all times |
90.48(b) |
| Instructor failed to take the attendance of participants on the course roster and confirm audio and visual function of the participant’s equipment from each participant before the start of each class |
90.48(c) |
| Instructor admitted a participant into an online class when the participant did not have functioning audio and video capability on his or her equipment |
90.48(c) |
| Program provider enrolled a participant into an online court-ordered program that did not have compatible equipment to allow the participant to take, attend, or complete the program |
90.48(d) |
| Instructor failed to remove a participant from class who failed to remain visible on the participant’s camera |
90.48(e) |
| Instructor failed to report a participant’s camera incident to the program provider at the end of the class |
90.48(e) |
| Program provider failed to record a participant’s camera incident in the course records |
90.48(e) |
Certificates of Program Completion Violations
| Violation |
Statute/Rule |
| Program provider failed to ensure that the instructor provided each participant who successfully completed the applicable court-ordered program a certificate of program completion prescribed by the department within five days of successful completion |
90.49(a) |
| Program provider provided a certificate of program completion to a participant by electronic means |
90.49(b) |
| Program provider failed to maintain an ascending numerical accounting record of all issued and unissued certificates of program completion |
90.49(c) |
| Program provider failed to retain one copy of certificate of program completion in its records |
90.49(d) |
| Program provider failed to follow proper procedures for issuing duplicate certificates of program completion |
90.49(e) |
| Program provider failed to return all unused certificates of program completion to the department within 30 days after expiration or other termination of the program license |
90.49(f) |
| Program provider transferred unassigned certificates of program completion to a licensed program other than the licensed program for which the certificates were ordered |
90.49(g)(2) |
| Program provider failed to be responsible for the certificates of program completion by failing to maintain effective protective measures to ensure that unissued certificates are secure |
90.49(g)(3) |
Class C Violations
Penalty: $1,500 to $5,000 and/or revocation
Unlicensed Activity Violations
| Violation |
Statute/Rule |
| A person provided or offered to provide a court-ordered program without a program provider license |
171.0101, 90.30(a) |
| A person offered or provided a court-ordered program with an expired program provider license |
171.0101, 90.33(e) |
| A person instructed or represented that the person is an instructor of a court-ordered program without an instructor license with the appropriate endorsement for that program |
171.0151, 90.20(a) |
| A person instructed a court-ordered program with an expired instructor license |
171.0151, 90.25(e) |
Endorsement Violations
| Violation |
Statute/Rule |
| Program provider provided a court-ordered program for which the program provider’s license is not endorsed |
171.0103(b), 90.30(a) |
| Instructor instructed a court-ordered program for which the instructor’s license is not endorsed |
171.0153(b), 90.20(a) |
| Program provider failed to only employ or contract with an instructor who holds a license with an endorsement for the program being provided |
171.0301(c) |
| Program provider failed to ensure that each court-ordered program is taught by an instructor with the appropriate endorsement to instruct that specific type of program |
90.30(c)(1) |
| Instructor instructed for a program provider that did not hold an appropriate endorsement for the specific type of court-ordered program that the instructor is teaching |
90.20(b) |
Audits and Investigations Violations
| Violation |
Statute/Rule |
| Program provider or instructor failed to cooperate with the department during an audit |
171.0354(b), 90.50(c)(2) |
| Program provider or instructor failed to cooperate with the department during an investigation of a complaint |
171.0355(b), 90.91 |
Course Violations
| Violation |
Statute/Rule |
| Utilized more than two instructors for a DWI Intervention program course or more than a single instructor for all other programs’ courses |
90.42(c) |
| Program provider or instructor conducted in-person class modules at a personal residence |
90.47(b) |
| Instructor that instructed an in-person court-ordered program failed to be physically present in the classroom with the participants for each class |
90.47(b) |
| Program provider or instructor failed to ensure that no portion of any court-ordered program course is videotaped or otherwise recorded or broadcast |
90.47(f) |
Certificates of Program Completion Violations
| Violation |
Statute/Rule |
| Program provider or instructor issued, sold, traded, or transferred a certificate of program completion or a certificate number to a person who has not successfully completed the applicable court-ordered program or who is not otherwise authorized to possess the certificate or number |
171.0351(2) |
| Program provider failed to submit to the department required information relating to certificates of program completion issued by the program provider in a manner prescribed by the department |
171.0303(f) |
Ethical Violations
| Violation |
Statute/Rule |
| Program provider or instructor failed to abide by applicable laws regarding confidentiality of patient/client records |
90.53 |
| Program provider or instructor falsified, submitted, or maintained any substantially false, inaccurate, or incomplete documentation required under this chapter or related to the applicable court-ordered program, including submission of any false or misleading statements in an application or other statement or correspondence to the department |
90.94(a)(2) |
| Program provider or instructor engaged in conduct or promoted or permitted one or more participants to engage in conduct inconsistent with behaviors and principles taught or advocated under the curriculum prescribed under §90.40 |
90.94(a)(3) |
| Program provider or instructor permitted or engaged in misrepresentation, fraud, or deceit regarding a court-ordered program provided or instructed by the license holder |
171.0352(2), 90.94(a)(5) |
| Program provider or instructor used advertising that is false, misleading, or deceptive |
171.0351(1) |
Class D Violations
Penalty: $3,000 to $5,000 and/or revocation
Ethical Violations
| Violation |
Statute/Rule |
| Program provider or instructor violated an order of the commission or executive director |
171.0352(1), 60.23(a)(6) |
| Program provider or instructor obtained or attempted to obtain a license by fraud or false representation |
60.23(a)(1) |
| Program provider or instructor falsified any document submitted to the department or commission |
60.23(a)(2) |
| Program provider or instructor failed to pay the department for a dishonored payment |
60.82 |
| Program provider or instructor engaged in conduct that harmed, endangered, or was likely to harm or endanger the health, welfare, or safety of a participant or the public as defined by commission rule |
171.0352(3) |
| Program provider or instructor attended any instructor training, instructed or was present at any class in a court-ordered program, or performed duties related to a court-ordered program while under the influence or impaired by alcohol or controlled substances, or provided one or more course participants with, or permitted or encouraged one or more course participants to use, any alcohol or controlled substance |
90.94(a)(4) |
| Program provider or instructor engaged in conduct toward another that is violent or that constitutes abuse, neglect, or exploitation under applicable law |
90.94(a)(6) |
| Program provider or instructor engaged in conduct with respect to a participant that is inequitable, discriminatory, degrading, disrespectful, retaliatory, of a romantic or sexual nature, or which otherwise is or may be harmful to the health, safety, or welfare of a participant, to participants generally, or to the public |
90.94(a)(7) |
| Program provider or instructor discriminated against participants based on sex, race, religion, age, national or ethnic origin, or disability |
171.0302, 90.54 |
