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) |