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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER FDRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS
RULE §84.70Drug and Alcohol Driving Awareness Program School Licensure Requirements

(a) Application for school. An application for a license for a Drug and Alcohol Driving Awareness Program school shall be made on forms prescribed by the department and shall include:

  (1) individual requests for approval for each multiple classroom of the school. The applications shall be made on forms provided by the department. The school shall receive the department approval for each location prior to advertising or offering a program at the location; and

  (2) verification from the course provider that the school is authorized to provide the approved drug and alcohol driving awareness program.

(b) Approval. The department shall approve the application of a drug and alcohol driving awareness school if the department finds that the school does not owe a civil penalty under Texas Education Code, Chapter 1001.

(c) Verification of ownership for drug and alcohol driving awareness school. In the case of an original or change of owner application for a school, the owner of the school shall provide verification of ownership.

(d) School name. A drug and alcohol driving awareness school license shall not contain more than one school name.

(e) Purchase of drug and alcohol driving awareness school.

  (1) A person or persons purchasing a licensed school shall obtain an original license.

  (2) The contract or any instrument transferring the ownership of the drug and alcohol driving awareness school shall include a statement that the purchaser shall assume the liabilities, duties, and obligations under the enrollment contracts between the students and the seller, or any former owner.

(f) New location.

  (1) The owner of a drug and alcohol driving awareness school must notify the department in writing of any change of address of a drug and alcohol driving awareness school at least three working days before the move.

  (2) The school must submit the appropriate fee and all documents designated by the department as being necessary.

  (3) The school must maintain a current mailing address and telephone number with the department.

(g) Renewal of drug and alcohol driving awareness school license. A complete application for the renewal of a license for a drug and alcohol driving awareness school shall be submitted before the expiration of the license in accordance with Texas Education Code, Chapter 1001, and shall include the following:

  (1) completed application for renewal; and

  (2) renewal fee, if applicable.

(h) Denial, revocation, or conditional license. For schools approved to offer only one drug and alcohol driving awareness program, the authority to operate a school shall cease if the program approval is revoked or if the course provider removes all authorization to teach the program. The license of the school will remain valid for sixty (60) calendar days to allow the school owner to obtain approval to provide a different program. No instruction will be allowed until a new program has been secured to teach. At the end of the 60-day period, the school license will be revoked unless an approved program will be offered. The current school license shall not be renewed without an approved program.

(i) School closure.

  (1) The school owner shall notify the department and the course provider at least fifteen (15) business days before the anticipated school closure. The school owner shall provide written notice to the department and the course provider of the actual discontinuance of the operation within five working days after the cessation of classes. A school shall forward all records to the course provider responsible for the records within five (5) days.

  (2) The course provider shall provide the department with written notice of a school closure within five (5) working days after knowledge of cessation of classes.

  (3) The department may declare a school to be closed:

    (A) as of the last day of attendance when written notification is received by the department from the school or course provider stating that the school will close;

    (B) when the department staff determine by means of an on-site visit that the school facility has been vacated without prior notification of change of address given to the department and without the department approval of future plans to continue to operate;

    (C) when the school owner allows the school license to expire; or

    (D) when the school does not have the appropriate facilities and equipment to operate.


Source Note: The provisions of this §84.70 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective September 1, 2020, 45 TexReg 6069

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