(iii) withdraw approval of a course or ADM based on
the change; and
(C) is not required to specify the method or manner
by which the provider alters the ADM to come into compliance with
state law and the rules in this chapter.
(6) If the department allows immediate implementation
pursuant to paragraph (1) and later determines that the description
of the change or the request was misleading, materially inaccurate,
not substantially complete, or not made in good faith, paragraph (5)(C)
does not apply.
(7) A driving safety provider who immediately implements
a change pursuant to paragraph (1) and fails to bring the ADM into
compliance prior to the date allowed under paragraph (5)(A)(ii) may
be determined to be in violation of state law or the rules in this
chapter after that date.
(8) A driving safety provider that immediately implements
a change under paragraph (1), assumes the risk of final approval being
denied and of being required to come into compliance with state law
and the rules in this chapter prior to the date allowed under paragraph
(5)(A)(ii), including bearing the cost of reversing the change or
otherwise modifying the ADM to come into compliance with state law
and the rules in this chapter.
(j) Termination of the driving safety provider's operation.
Upon termination, a driving safety provider must deliver any missing
student data to the department within five days of termination.
(k) Renewal of ADM approval. The ADM approval must
be renewed every even-numbered year.
(1) For approval, the driving safety provider must
update all the statistical data and references to law with the latest
available data.
(2) The department may alter the due date of the ADM
renewal documents by giving the driving safety provider using the
approved ADM six months' notice. The department may alter the due
date in order to ensure that the ADM is updated six months after the
effective date of new state laws passed by the Texas Legislature.
(l) Access to the driving safety provider for technical
assistance. The driving safety provider must establish hours that
the student may obtain technical assistance. Except for circumstances
beyond the control of the provider, the student must have access to
the provider and technical assistance during the specified hours.
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Source Note: The provisions of this §84.504 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective September 1, 2021, 46 TexReg 5394; amended to be effective May 1, 2022, 47 TexReg 2522; amended to be effective June 1, 2023, 48 TexReg 2702 |