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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER EDRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS
RULE §84.63Uniform Certificate of Course Completion for Driving Safety or Specialized Driving Safety Course

(a) Course provider responsibilities. Course providers shall be responsible for original and duplicate uniform certificates of course completion in accordance with this subsection.

  (1) The course provider of a driving safety or specialized driving safety course shall ensure that each instructor completes the verification of course completion document approved by the department. The verification of course completion document shall contain a statement to be signed by the instructor that states: "Under penalty of law, I attest to the fact that the student whose name and signature appear on this document has successfully completed the number of hours as required under Texas Education Code, Chapter 1001, and that any false information on this document will be used as evidence in a court of law and/or administrative proceeding." This verification of course completion document shall be returned to the course provider upon completion of each driving safety class and maintained for no less than three years.

  (2) The course provider shall 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. The records and unissued or unnumbered original and duplicate uniform certificates of course completion shall be readily available for review by representatives of the department.

  (3) The course provider shall maintain electronic files with data pertaining to all course completion certificate numbers purchased from the department. The course provider shall make available to the department upon request an ascending numerical accounting record of the numbered uniform certificates of completion issued. The course provider shall ensure security of the data.

  (4) The course provider shall 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, whether used or not used, and all certificates that have been issued.

  (5) Course providers shall issue uniform certificates of course completion only to students who have successfully completed all elements of the course provider's approved driving safety or specialized driving safety course taught by department-licensed instructors in department-approved locations as indicated on the verification of course completion document or student footprint.

  (6) Course providers shall ensure that adequate training is provided regarding course provider policies and updates on course provider policies to all driving safety schools and instructors offering their approved driving safety or specialized driving safety course.

  (7) Course providers shall report all unaccounted original and duplicate course completion certificate numbers or unissued certificates or duplicates to the department within five business days of the discovery of the incident. In addition, the course provider shall be responsible for conducting an investigation to determine the circumstances surrounding the unaccounted items. A report of the findings of the investigation, including preventative measures for recurrence, shall be submitted for approval to the department within thirty (30) days of the discovery.

  (8) Each unaccounted or missing original or duplicate course completion certificate number or blank or unissued original or duplicate uniform certificate of completion may be considered a separate violation. This may include lost, stolen, or otherwise unaccounted original or duplicate course completion certificate number or blank or unissued original or duplicate uniform certificates of course completion.

  (9) Course providers shall issue all original and duplicate uniform certificates of course completion using first-class or enhanced postage, equivalent commercial delivery method, or department approved electronic issuance method.

  (10) Course providers shall not transfer course completion certificate numbers to a course other than the course for which the certificates were ordered from the department.

  (11) No course provider or employee shall complete, issue, or validate a uniform certificate of course completion to a person who has not successfully completed all elements of the entire course as verified by a department-licensed instructor.

  (12) No course provider or employee shall issue, transfer, or transmit an original or duplicate uniform certificate of course completion bearing the serial number of a certificate or duplicate previously issued.

  (13) Course providers shall sequentially number original uniform certificates of course completion from the block of numbers purchased from the department.

  (14) When a duplicate uniform certificate of course completion is issued by a course provider, the duplicate certificate shall bear a serial number from the block of numbers purchased from the department by the course provider. The duplicate certificate of course completion shall clearly indicate the number of both the duplicate and the original serial number of the certificate being replaced.

  (15) Any item on a duplicate uniform certificate of course completion that has different data than that shown on the original certificate must clearly indicate both the original data and the replacement data; for example, a change in the date of course completion must show the correct date and "changed from XX," where "XX" is the date shown on the original uniform certificate of course completion.

  (16) The fee for a duplicate uniform certificate of course completion shall not exceed $10. If the student requests a duplicate within thirty (30) days of the date of issue of the original certificate because the original was not received or was damaged so as to be unusable or was issued with errors due to no fault of the student, the course provider shall issue the duplicate at no cost to the student. Course providers shall ensure that schools endorsed to offer the approved course are aware of this rule and shall include this information in the student enrollment contract.

  (17) Course providers shall implement and maintain methods for efficiently issuing original uniform certificates of course completion so that issuance of duplicate certificates is kept at a minimal rate.

(b) School owner responsibilities. In order to prevent misuse of uniform certificates of course completion, driving safety school owners shall ensure that:

  (1) the course provider policies are followed and communicated to all instructors and employees of the school; and

  (2) all records are returned to the course provider in a timely manner as set forth by the course provider.

(c) Instructor responsibilities. In order to prevent misuse of uniform certificates of course completion, driving safety and specialized driving safety instructors shall ensure that:

  (1) all records are returned to the driving safety school to be forwarded to the course provider within the time allowed by course provider policy;

  (2) the verification of course completion document provided by the course provider is signed by the instructor who conducted the class upon completion of the class;

  (3) the entire course is completed prior to signing the verification of course completion document;

  (4) the court information is obtained from each student taking the driving safety or specialized driving safety class for the purposes of Texas Code of Criminal Procedure, Article 45.051 and 45.0511; and

  (5) the instructor adheres to the school and course provider policies.


Source Note: The provisions of this §84.63 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective November 1, 2018, 43 TexReg 6948

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