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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 90OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES
SUBCHAPTER DPROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES
RULE §90.49Certificate of Program Completion for Participants

(a) A program provider must ensure that the instructor provides each participant who successfully completes the applicable court-ordered program a certificate of program completion prescribed by the department within five days of successful completion. If an exit interview is required, the program will not be deemed to be successfully completed and a certificate of program completion must not be issued until the exit interview has been conducted.

(b) A program provider that offers or provides a court-ordered program may provide the certificate to the participant by regular mail or present it to the participant after successful completion of the course. A program provider shall not provide a certificate to a participant by electronic means.

(c) Certificates shall only be issued by the department to the program provider. All program providers must maintain an ascending numerical accounting record of all issued and unissued certificates.

(d) The program provider is responsible for ensuring that an original certificate of program completion is issued to each participant who successfully completes a program. The program provider must retain one copy of the certificate in its records.

(e) Each program provider must develop procedures for issuing duplicate certificates.

  (1) The procedures must ensure that the duplicate certificate is a new certificate, is clearly identified as being a duplicate of a previously issued certificate and includes the control number of the previously-issued certificate.

  (2) The court-ordered program must indicate at the bottom of the course roster on which the participant's original control number was recorded that a duplicate certificate was issued and shall show the new control number and date of issuance for the duplicate certificate.

(f) If a program provider allows its license to expire or otherwise loses its license, it must, within 30 days after expiration or other termination of the license, return all unused certificates of program completion to the department.

(g) A program provider is responsible for the certificates in accordance with this subsection.

  (1) A program provider may request the serially numbered certificates by submitting an order with the department's authorized vendor stating the number of certificates to be purchased and include payment of all appropriate fees.

  (2) A program provider may not transfer unassigned certificates to a licensed program other than the licensed program for which the certificates were ordered.

  (3) The program provider must maintain effective protective measures to ensure that unissued certificates are secure. The program provider must report all unaccounted-for certificates to the department within fifteen (15) working days of the discovery of the incident. In addition, the program provider must investigate the circumstances surrounding the unaccounted-for certificates. A report of the findings of the investigation, including preventative measures for recurrence, must be submitted to the department within thirty (30) days of the discovery.


Source Note: The provisions of this §90.49 adopted to be effective September 1, 2022, 47 TexReg 5101

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