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Drug and Alcohol Driving Awareness Programs Penalties and Sanctions

Texas Education Code Chapter 1001
16 Texas Administrative Code Chapter 84

Class A Violations

Penalty Range: $100 to $250

Administrative Violations

Violation Code
Failed to ensure a contract transferring the ownership of the school includes the required information 16 TAC 84.70(e)(2)
Failed to submit appropriate fee and all documents to the department 16 TAC 84.70(f)(2)
Failed to notify the department of an instructor’s change of address in writing 16 TAC 84.72(i)

Posting and Public Information-Related Violations

Violation Code
Failed to notify consumers and service recipients of the department’s complaint information 16 TAC 84.71(c)(5); 84.83(c); 84.84
Failed to have a written grievance procedure that is disclosed to all students 16 TAC 84.83(a)

Class B Violations

Penalty Range: $150 to $500 and/or up to 1-year full suspension

Administrative Violations

Violation Code
Failed to notify the department in writing of any change of address at least 3 working days before the move 16 TAC 84.70(f)(1)
Failed to provide written notice to the department and the course provider within 5 working days of closure 16 TAC 84.70(i)(1)
Failed to forward all records to the course provider responsible for the records within 5 days 16 TAC 84.70(i)(1)
Failed to enroll a person who is being instructed in the program 16 TAC 84.82(c)(1)

Advertising Violations

Violation Code
Used advertising that was false, misleading, or deceptive Education Code 1001.451(1); 16 TAC 84.80(d)
Included more than one school name on school license 16 TAC 84.70(d)
Conducted business or advertised under a name that is deceptively similar to another without approval 16 TAC 84.80(a)
Used names than other the approved school name 16 TAC 84.80(b)

Operations-Related Violations by a Drug and Alcohol Awareness Program

Violation Code
Failed to ensure instruction was provided by currently licensed instructors 16 TAC 84.71(b)
Failed to evaluate instructor performance in accordance with the course provider plan 16 TAC 84.71(d)(5)
Failed to meet any state and local ordinances governing housing and safety for the use designated 16 TAC 84.90(d)

Record-Related Violations

Violation Code
Failed to furnish upon request any data pertaining to student enrollments and attendance to show compliance with the legal requirements for inspection by the department 16 TAC 84.81(c)(1)
Failed to show compliance with the legal requirements for inspection by authorized representatives of the department 16 TAC 84.81(c)(1)
Failed to retain all student records for at least 3 years 16 TAC 84.81(c)(2)
Failed to include required information in enrollment forms 16 TAC 84.82(c)(2)

Class C Violations

Penalty Range: $250 to $750 and/or up to revocation

Operations-Related Violations by a Drug and Alcohol Awareness Program

Violation Code
Failed to notify the department within 15 working days of a driver training school closing Education Code 1001.451(2); 16 TAC 84.70(i)(1)
Refused to cooperate with an investigation by an authorized representative of the department 60.23(a)(3)
Failed to perform instruction in location approved by the department 16 TAC 84.71(b)
Failed to ensure instruction was provided by department-licensed instructors 16 TAC 84.71(b)
Failed to ensure that all instructors are properly licensed with the proper endorsement 16 TAC 84.71(d)(1)
Failed to prohibit an instructor from giving instruction or prohibit a student from receiving instruction if that instructor or student is using or exhibits any evidence or effect of an alcoholic beverage, controlled substance, drug, abusable glue, aerosol paint, or other volatile chemical 16 TAC 84.71(d)(2)
Provided instruction or allow instruction to be provided in courses not on the school's list of approved courses 16 TAC 84.71(d)(3)
Completed, issued, or validated a certificate of program completion for a person who had not successfully completed the entire course 16 TAC 84.71(d)(4)
Failed to develop and maintain a means to ensure the security and integrity of student information in transit and at rest 16 TAC 84.71(d)(6)
Failed to develop and maintain a means to ensure the privacy of student data and make the corporate privacy policy available to all course students 16 TAC 84.71(d)(7)
Failed to ensure that no drug or alcohol awareness program is taught in any location where alcohol is present 16 TAC 84.90(j)

Facility-Related Violations

Violation Code
Conducted a course in a facility not approved by the department 16 TAC 84.90(a)
Failed to meet the use requirements of the maximum number of current students 16 TAC 84.90(c)
Failed to ensure classroom facilities, when used for instruction, met all requirements 16 TAC 84.90(e)
Failed to provide designated instructional areas that ensure students are able to see and hear the instructor and audiovisual aids 16 TAC 84.90(f)

Class D Violations

Penalty Range: $1,000 and/or revocation

Violation Code
Failed to comply with an order of the executive director or commission Occupations Code 51.353(a)
Instructor failed to meet a requirement for issuance of or holding a license Education Code 1001.455(a)(1)
Instructor permitted or engaged in misrepresentation, fraud or deceit in applying for obtaining a certificate, license or permit Education Code 1001.455(a)(2)
Instructor induced fraud or fraudulent practices in an action between the application for a driver’s license or permit Education Code 1001.455(a)(3)
Instructor permitted or engages in any other fraudulent practice in an action between the applicant or license holder and the public Education Code 1001.455(a)(4)