(A) A video ADM must ask at least one course validation
question for each multimedia clip of more than 180 seconds at the
end of each major segment (chapter) of the ADM.
(B) A video ADM must devise and submit for approval
a method for ensuring that a student correctly answers questions concerning
multimedia clips consisting of more than 60 seconds in length presented
during the ADM.
(h) Standards for ADMs using new technology. For ADMs
delivered using technologies that have not been previously reviewed
and approved by the department, the department may apply similar standards
as appropriate and may also require additional standards. These standards
must be designed to ensure that the course can be taught by the alternative
method and that the alternative method includes testing and security
measures that are at least as secure as the methods available in the
traditional classroom setting.
(i) Modifications to the ADM. Except as provided by
paragraph (1) of this subsection, a change to a previously approved
ADM must not be made without the prior approval of the department.
(1) A driving safety provider may submit to the department
a written request for immediate implementation of a proposed change
that is insignificant or that protects the interest of the consumer
such that immediate implementation is warranted. The written request
must include:
(A) a complete description of the proposed change;
(B) the reason for the change;
(C) the reason the provider believes the proposed change
is insignificant or protects the interest of the consumer such that
immediate implementation is warranted; and
(D) an explanation of how the change will maintain
the course or ADM in compliance with state law and the rules specified
in this chapter.
(2) The department may request additional information
regarding a proposed change from the driving safety provider making
a request under paragraph (1).
(3) The department will respond to any request made
under paragraph (1), within five working days of receipt.
(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 driving safety provider 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 provider 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 ADM
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) must notify the provider affected by the change
of:
(i) the specific provisions of state law or rules with
which the ADM change is not in compliance; and
(ii) a reasonable date by which the ADM 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 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 |