| (A) If the department determines that the proposed
change is insignificant or protects the interest of the consumer such
that immediate implementation is warranted, the requestor may immediately
implement the change. The licensed provider for the approved course
on which the AMI is based must ensure that the change is implemented.
(B) If the department determines that the proposed
change is neither insignificant nor protects the interest of the consumer
such that immediate implementation is warranted, the department must
notify the requestor of that determination and the change may not
be made unless the department approves the change following a complete
review.
(4) A determination by the department to allow immediate
implementation under paragraph (1), does not constitute final approval
by the department of the change. The department reserves the right
to conduct further review after the change is implemented and to grant
or deny final approval based on whether the change complies with state
law and rules specified in this chapter.
(5) If, following further review, a change in an AMI
that has been immediately implemented pursuant to paragraph (1), is
determined not to be in compliance with state law and rules specified
in this chapter, the department.
(A) shall notify the provider affected by the change
of:
(i) the specific provisions of state law or rules with
which the AMI change is not in compliance; and
(ii) a reasonable date by which the AMI must be brought
into compliance;
(B) must not, for the period between the implementation
of the change and the date specified under subparagraph (A)(ii):
(i) seek any penalty relating to the non-compliance;
(ii) take any action to revoke or deny renewal of a
license of a provider based on the change; or
(iii) withdraw approval of a course or AMI based on
the change; and
(C) is not required to specify the method or manner
by which the provider alters the AMI 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)(B)
does not apply.
(7) A provider who immediately implements a change
pursuant to paragraph (1) and fails to bring the AMI 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 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 AMI to come into compliance with state law and the rules in this
chapter.
(j) Termination of the provider's operation. Upon termination,
providers must deliver any missing student data to the department
within five days of termination.
(k) Renewal of AMI approval. The AMI approval must
be renewed and updated to ensure timeliness every even-numbered year.
(1) For approval, the provider must update all the
statistical data, references to law, and traffic safety methodology
with the latest available data.
(2) The department may alter the due date of the renewal
documents by giving the approved AMI six months notice. The department
may alter the due date in order to ensure that the AMI is updated
six months after the effective date of new state laws passed by the
Texas Legislature.
(l) Access to instructor and technical assistance.
The provider must establish hours that the student may access an instructor
trained in the classroom portion of the curriculum, and for technical
assistance. With the exception of circumstances beyond the control
of the provider, the student must have access to the instructor and
technical assistance during the specified hours.
(m) Enrollment guidelines. The AMI for driver education
classroom that desires to instruct students age 14 to under 25 years
of age must provide the same beginning and ending dates for each student
in the same class of 36 or less. No student shall be allowed to enroll
and start the classroom phase after the sixth hour of classroom instruction
has been completed.
(n) Required training. The driver education instructor
must meet the professional teaching standard established by a state
licensing agency or have academic credentials in the field in which
he or she is teaching and must have been trained to teach the AMI
classroom driver education course. Each instructor of an AMI classroom
driver education course offered by a driver education provider must
have a current driver education instructor license.
|
| Source Note: The provisions of this §84.501 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 June 1, 2023, 48 TexReg 2702 |
