Driver Education and Safety Course Providers 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 provide the department written notice of a driver safety school closure within 5 days of being notified	16 TAC 84.60(g)(2)
Failed to maintain a current mailing address with the department	16 TAC 84.61(b)(2)
Failed to ensure that applications for licenses or approvals are forwarded to the department within 10 days of receipt at the course provider facilities	16 TAC 84.61(b)(5)
Failed to ensure that instructor performance is monitored and documented as required	16 TAC 84.61(b)(6)
Failed to keep instructor evaluation forms on file either at the course provider or school location for a period of 1 year	16 TAC 84.61(b)(6)
Failed to notify the department of the closure date of the course provider at least 15 business days before the closure	16 TAC 84.62(j)
Failed to include information regarding duplicate certificate in the student enrollment contract	16 TAC 84.63(a)(16)
Failed to implement and maintain methods for efficiently issuing and mailing original uniform certificates	16 TAC 84.63(a)(17)
Failed to include required statement in any contract or instrument transferring the ownership of a course provider	16 TAC 84.62(g)(2)
Failed to ensure a copy of each contract is a part of the student files maintained by the course provider	16 TAC 84.82(b)(5)
Failure of a course provider to submit proposed or amended contracts to the division for approval prior to use by schools	16 TAC 84.82(b)(6)

Posting and Public Information-Related Violations

Violation	Code
Failed to have a written grievance procedure that is disclosed to all students	16 TAC 84.83(a)
Failed to notify consumers and service recipients of the department’s complaint information as required	16 TAC 84.83(c); 84.84; 84.61(b)(11)

Class B Violations

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

Administrative and Records Violations

Violation	Code
Fail to make available accurate records as required	Education Code 1001.451(2)
Failed to ensure the issue date indicated on the certificate is the date the course provider mailed the certificate to the student	16 TAC 84.61(b)(10)
Failed to notify the department in writing of any change of address at least 15 working days before the move	16 TAC 84.62(h)
Fail to submit appropriate fee and all documents	16 TAC 84.62(h)
Failed to make all records available for review by the department within 30 days of the date the course provider closed	16 TAC 84.62(j)
Failed to ensure course provider or course provider facilities are located within the United States	16 TAC 84.62(k)
Fail to report the findings of the investigation, including preventative measures for recurrence, to the department within 30 days of the discovery.	16 TAC 84.63(a)(7)
Failed to sequentially number original uniform certificates of course completion from the block of numbers purchased from the department	16 TAC 84.63(a)(13)
Failed to ensure that a duplicate uniform certificate of course completion issued by the course provider bears a serial number from the block of numbers purchased from the department by the course provider	16 TAC 84.63(a)(14)
Failed to clearly indicate the number of both the duplicate and the original serial number of the certificate being replaced on a duplicate certificate of course completion	16 TAC 84.63(a)(14)
Failed to clearly indicate both the original data and the replacement data on any item on a duplicate uniform certificate of course completion that has different data than that shown on the original certificate	16 TAC 84.63(a)(15)
Failed to issue a duplicate uniform certificate of course completion at no cost to the student when required	16 TAC 84.63(a)(16)
Failed to ensure that schools endorsed to offer the approved course are aware of the requirement to issue a duplicate uniform certificate of course completion at no cost to the student when required	16 TAC 84.63(a)(16)
Failed to provide evidence to the department of an instructor’s completion of continuing education	16 TAC 84.64(e)(1)
Failed to locate the course provider at the physical address stated on the course provider license	16 TAC 84.90(i)

Advertising Violations

Violation	Code
Used advertising that was false, misleading, or deceptive	Education Code 1001.451(1); 16 TAC 84.80(d)
Conducted business or advertised under a name that is deceptively similar to another without approval	16 TAC 84.80(a)
Used names other the approved course provider name	16 TAC 84.80(b)

Operations-Related Violations by a Course Provider

Violation	Code
Operated as a course provider without a current course provider license	Education Code 1001.201(3)
Failed to issue and deliver within 15 working days a uniform certificate of course completion to a person who successfully completes an approved driving safety course	Education Code 1001.351(a)
Failed to electronically submit to the department data relating to uniform certificates of course completion issued by the course provider	Education Code 1001.351(b)
Failed to conduct driving safety instructor development courses as required	Education Code 1001.351(c)
Refused to cooperate with an investigation by an authorized representative of the department	60.23(a)(3)
Failed to be located or maintain a registered agent in the State of Texas	16 TAC 84.61(a); 84.71(b)
Failed to ensure that instruction of the course is provided in a school currently approved to offer the course	16 TAC 84.61(b)(1)
Failed to ensure that instruction of the course is provided in the manner in which the course was approved	16 TAC 84.61(b)(1)
Failed to ensure that the course is provided by persons who have a valid current instructor license with the proper endorsement, except otherwise provided	16 TAC 84.61(b)(3)
Failed to ensure that schools and instructors are provided with the most recent approved course materials, data and information within 60 days of approval	16 TAC 84.61(b)(4)
Failed make the corporate privacy policy available to all course students	16 TAC 84.61(b)(8)
Failed to submit a complete application for the renewal of a license for a course provider before the expiration of the license	16 TAC 84.62(i)
Failed to ensure that adequate training is provided regarding course provider policies and updates on course provider policies to all driving safety schools and instructors	16 TAC 84.63(a)(6)
Failed to retain proof of completion of the refund on file within 75 days of the effective date of termination	16 TAC 84.200(d)
Failed to identify on refund check student to whom the refund is assigned	16 TAC 84.200(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	16 TAC 84.81(b)(1)
Failed to retain all student records for at least 3 years	16 TAC 84.81(b)(2); 84.63(a)(2)
Failed to maintain the records of the students who completed driving safety or specialized driving safety classes for the most current 12 months at the course provider location	16 TAC 84.81(b)(2)
Failed to retain the actual test of each student for a designated period of time if required	16 TAC 84.81(b)(2)
Failed maintain a permanent record of instruction given to each student who received instruction to include students who withdrew or were terminated	16 TAC 84.81(b)(3)
Failed to restrict release of student records that identify the student by name or address, except as permitted	16 TAC 84.81(b)(4)

Class C Violations

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

Certificate-Related Violations by a Course Provider

Violation	Code
Failed to provide for the printing and issuance of original and duplicate certificates in a manner that prevents the unauthorized production or the misuse of the certificates	Education Code 1001.056(c-1); 16 TAC 84.63(a)(5)
Failed to issue all original and duplicate certificates as required	Education Code 1001.056(g); 16 TAC 84.63(a)(9)
Issued, sold, traded or transferred a uniform certificate of course completion to a person who has not successfully completed an approved, 6-hour driving safety course	Education Code 1001.451(3)(B); 16 TAC 84.63(a)(11)
Failed to ensure the security of the data	16 TAC 84.61(b)(7); 84.61(b)(8); 84.63(a)(3)
Failed to develop and maintain a department-approved method for printing and issuing original and duplicate uniform certificates of course completion that prevents the unauthorized production or misuse of the certificates	16 TAC 84.61(b)(9)
Failed to report original and duplicate certificate data, by secure electronic transmission, to the department within 30 days of issue using guidelines established and provided by the department	16 TAC 84.61(b)(10)
Failed to be responsible for original and duplicate uniform certificates of course completion as required	16 TAC 84.63(a)
Failed to ensure that each instructor completes the verification of course completion document approved by the department	16 TAC 84.63(a)(1)
Failed to ensure the verification of course completion document is signed by the instructor and contains the required statement	16 TAC 84.63(a)(1)
Failed to implement and maintain a policy which effectively ensures protective measures are in use at all times for securing original and duplicate uniform certificates of course completion and course completion certificate numbers	16 TAC 84.63(a)(2)
Failed to ensure the records and unissued or unnumbered original and duplicate uniform certificates of course completion are readily available for review by representatives of the department	16 TAC 84.63(a)(2)
Failed to maintain electronic files with data pertaining to all course completion certificate numbers purchased from the department	16 TAC 84.63(a)(3)
Failed to make available to the department upon request an ascending numerical accounting record of the numbered uniform certificates of completion issued	16 TAC 84.63(a)(3)
Failed to ensure that effective measures are taken to preclude lost data and that a system is in place to recreate electronic data for all certificate numbers and all certificates that have been issued	16 TAC 84.63(a)(4)
Fail to report all unaccounted original and duplicate course completion certificate numbers or unissued certificates or duplicates to the department within 5 business days of the discovery of the incident	16 TAC 84.63(a)(7)
Failed to be responsible for conducting an investigation to determine the circumstances surrounding the unaccounted items	16 TAC 84.63(a)(7)
Transferred course completion certificate numbers to a course other than the course for which the certificates were ordered from the department	16 TAC 84.63(a)(10)
Issued, mailed, transferred or transmitted an original or duplicate uniform certificate of course completion bearing the serial number of a certificate or duplicate previously issued	16 TAC 84.63(a)(12)

Advertising Violations

Violation	Code
Distributed within 500 feet of a court written information that advertises a course provider	Education Code 1001.453(a); 1001.453(b)

License-Related Violations

Violation	Code
Operated as a course provider without a course provider license	Education Code 1001.201(3)
Fail to apply for a new course provider license at least 30 days before the date of the change of ownership	Education Code 1001.213(b)
Failed to obtain an original license upon purchasing a licensed course provider	16 TAC 84.62(g)(1)

Tuition and Refund-Related Violations

Violation	Code
Fail to refund all tuition and fees paid on the discontinuation of a course by a course provider	Education Code 1001.403
Negotiated a promissory instrument received as payment of tuition or another charge before the student completes 75 percent of the course, except as permitted	Education Code 1001.451(4)
Fail to provide a cancellation and refund policy in accordance with Code and chapter	16 TAC 84.200(a)
Failed to issue refund that corresponds to the actual instructional hours not provided	16 TAC 84.200(c)
Failed to complete refund within 30 days after the effective date of termination except as allowed under §84.46	16 TAC 84.200(d)

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)