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) |
