- Renew a License
- Apply for a License
- Manage Your License
-
Air Conditioning and Refrigeration Contractors Elimination of Architectural Barriers Athletic Trainers Auctioneers Barbering and Cosmetology Behavior Analysts Boiler Safety Code Enforcement Officers Combative Sports Court-Ordered Education ProgramsDietitians Driver Education and Safety Dyslexia Therapy Electricians Electric Vehicle Charging Stations Elevator / Escalator Safety Hearing Instrument Fitters and Dispensers Industrialized Housing and Buildings Laser Hair Removal Licensed Breeders
- Continuing Education
- Contact Us
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) |