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Driving Safety Schools and Instructors 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 carry instructor’s license at all times Education Code 1001.356
Failed to include required statements in any contract or instrument transferring the ownership of a driving safety school 16 TAC 84.60(c)(2)

Posting and Public Information-Related Violations

Violation Code
Failed to notify consumers and service recipients of the department’s complaint information 16 TAC 84.83(c); 84.84

Operations-Related Violations

Violation Code
 Failed to require a written commitment from student to family and friends that the students will not engage in dangerous driving habits Education Code 1001.111(b)(3)
Failed to ensure that the court information is obtained from each student taking the driving safety 16 TAC 84.63(c)(4)

Class B Violations

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

Administrative Violations

Violation Code
Failed to apply for a new driver training school license at least 30 days before the date of a change of ownership Education Code 1001.213(b)
Failed to notify the department in writing of any change of address at least 15 days before the move of a driver safety school 16 TAC 84.60(d)(1)
Failed to submit appropriate fee and all documents for a new location 16 TAC 84.60(d)(2)
Failed to forward all records to the course provider responsible for the records within 15 days of closure 16 TAC 84.60(g)(1)
Failed to execute a written legal contract prior to instruction or receipt of money 16 TAC 84.82(b)(1)

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 than the approved school name 16 TAC 84.80(b)

Operations-Related Violations

Violation Code
Failed to perform all instruction in a location approved by the department 16 TAC 84.61(a)
Failed to ensure that all instructors are currently licensed by the department 16 TAC 84.61(c)(1)
Provide instruction in courses not on the school’s list of approved courses 16 TAC 84.61(c)(3)
Failed to evaluate instructor performance in accordance with the course provider plan 16 TAC 84.61(c)(4)
Failed to develop and maintain a means to ensure the security and integrity of student information 16 TAC 84.61(c)(5)
Failed to disclose a written grievance procedure to all students 16 TAC 84.83(a)
Failed to meet any state and local ordinances governing housing and safety for the use designated 16 TAC 84.90(d)
Failed to provide a cancellation and refund policy in accordance with Code and chapter 16 TAC 84.200(a)
Failed to use the cancellation policy approved for the course provider 16 TAC 84.200(b)
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 make available accurate records as required Education Code 1001.451(2)
Failed to furnish upon request any data pertaining to student enrollments and attendance 16 TAC 84.81(b)(1)
Failed to include required information in all driving safety and specialized driving safety contracts 16 TAC 84.82(b)(2)
Failed to include required statements in all driving safety school contracts 16 TAC 84.82(b)(3)
Failed to ensure a copy of each contract is a part of the student files maintained by the driving safety school 16 TAC 84.82(b)(5)
Failed to ensure contracts for group instruction to meet all legal requirements 16 TAC 84.82(b)(7)

Class C Violations

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

Administrative Violations

Violation Code
Failed to notify the department within 15 working days of a driver training school closing Education Code 1001.451(2)

Certificate-Related Violations

Violation Code
Issued, sold, traded or transferred a certificate to a person not authorized to possess the certificate Education Code 1001.451(3)(A)
Issued, sold, traded or transferred a certificate to a person who has not completed an approved driving safety course Education Code 1001.451(3)(B)
Failed to pay a fee to the course provider as required for certificate numbers provided for the students within 7 days of course completion 16 TAC 84.61(c)(6)
Fail to maintain the verification of course completion document for no less than 3 years 16 TAC 84.63(a)(1)
Failed to ensure that the course provider policies are followed and communicated 16 TAC 84.63(b)(1)
Failed to ensure that all records are returned to the course provider in a timely manner as set forth by the course provider 16 TAC 84.63(b)(2)

Curriculum-Related Violations for Drivers Younger than 25 Years of Age

Violation Code
Failed to conduct a course in the required format Education Code 1001.111(b)(1)
Failed to include required instruction Education Code 1001.111(b)(2)

Facility-Related Violations

Violation Code
Failed to conduct a department approved course in a facility or facilities approved by the department 16 TAC 84.90(a)
Failed to meet the use requirements of the maximum number of current students in a class 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 promote learning by ensuring that students are able to see and hear the instructor and audiovisual aids 16 TAC 84.90(f)

Instructor-Related Violations

Violation Code
Failed to ensure all records are returned to the driving safety school to be forwarded to the course provider 16 TAC 84.63(c)(1)
Failed to ensure that the verification of course completion document is signed by the instructor who conducted the class 16 TAC 84.63(c)(2)
Failed to ensure that the entire course is completed prior to signing the verification of course completion document 16 TAC 84.63(c)(3)
Failed to ensure that the instructor adheres to the school and course provider policies 16 TAC 84.63(c)(5)

Operations-Related Violations

Violation Code
Operated a school that provides driving safety courses without a driving safety school license Education Code 1001.201(2)
Driving safety school used multiple classroom locations to teach a driving safety course without approval of the department Education Code 1001.202(b); 16 TAC 84.60(a)(1)
Taught or provided driving safety training without a driving safety instructor license, except when applicable Education Code 1001.251(b)
Refused to cooperate with an investigation by an authorized representative of the department 60.23(a)(3)
Failed to obtain an original license upon purchasing a licensed driving safety school 16 TAC 84.60(c)(1)
Failed to perform all instruction by licensed instructors 16 TAC 84.61(a)
Failed to ensure a student instructor trainee was teaching under required supervision 16 TAC 84.61(a)
Failed to ensure that all instructors are properly licensed with the proper endorsement 16 TAC 84.61(c)(1)
Failed to prohibit an instructor from giving instruction while intoxicated or otherwise impaired 16 TAC 84.61(c)(2)
Failed to prohibit a student from receiving instruction while the student exhibits any effects of being intoxicated or otherwise impaired 16 TAC 84.61(c)(2)

Tuition and Refund-Related Violations

Violation Code
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)
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

Compliance, Fraud or Unethical Conduct-Related Violations

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 engaged in any other fraudulent practice in an action between the applicant or license holder and the public Education Code 1001.455(a)(4)