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RULE §90.50Program Administration

(a) Compliance. An Offender Education Program/Provider is responsible for all aspects of Program compliance with this chapter, including any noncompliance related to the conduct of a Program Instructor, Administrator, owner, or other personnel.

(b) Program Administrator.

  (1) Each Offender Education Program/Provider must designate an Administrator who must ensure the Program's/Provider's compliance with the administrative requirements of this section and the proper operation of the Program in compliance with all requirements of this chapter.

  (2) Nothing in this subsection shall limit the concurrent responsibility of an Administrator or Instructor for that individual's own conduct.

  (3) An Administrator must be in good standing as a certified Instructor for the applicable program and must meet all of the requirements of program Instructors.

  (4) An Offender Education Program that does not have a currently certified Administrator on record with the department will not be authorized to offer the applicable Offender Education course until the Offender Education Program designates a new, currently certified Administrator and provides written notice to the department of the designation.

(c) Course Fees and Schedules.

  (1) An Offender Education Program/Provider must set definite and reasonable course fees. Course fees may not be assessed on a class-by-class basis.

  (2) An Offender Education Program must maintain, and make available upon request, written course schedules that include the dates, times, and locations where courses will be held, and the fees charged by the Program.

  (3) An Offender Education Program must schedule at least one course each quarter.

(d) Program Records and Audits.

  (1) An Offender Education Program/Provider, and its Administrator and Instructors, must maintain, for at least three years, documentation necessary to demonstrate compliance with all applicable requirements of this chapter. This requirement applies to records and documentation created on or after the effective date of this subsection.

  (2) Upon request, the Program/Provider, its Administrator, and Instructors must make available or provide to the department at any reasonable time, any of its documents or records, including all records of any Instructor or Administrator, unless otherwise prohibited by law.

(e) Change in Program Information. An Offender Education Program/Provider must notify the department in writing within 30 days of any change in the Provider's headquarters or branch site address(es), telephone number, e-mail address, website address, or change in the Administrator or Instructor(s).

(f) Providing Information to Course Participants. The Offender Education Program/Provider must provide to each course participant:

  (1) the Program/Provider certification number;

  (2) the Instructor certification number; and

  (3) information regarding how to file a complaint with the department.

(g) Referrals.

  (1) If an Offender Education Program or Instructor is in a position to or does provide Offender Education referral information to an individual who is required to attend an Offender Education course, the Offender Education Program or Instructor providing the referral information:

    (A) must provide the department's phone number and web address;

    (B) must advise the individual concerning the individual's choice to attend any Offender Education Program certified by the department; and

    (C) may not require or otherwise attempt to influence an individual to choose a particular Offender Education Program.

  (2) This subsection does not prevent a Program or Instructor from providing information specific to the Program or to the Instructor's own Program or course when a prospective participant is specifically requesting information about that particular Program or the Instructor's own Program or course.

(h) Complaint Procedures and Notice.

  (1) An Offender Education Program/Provider must establish procedures to resolve participant complaints.

  (2) An Offender Education Program/Provider, Administrator, and course Instructor must provide participants with a notice or documentation that contains the name, current mailing address, current telephone number, and website address of the department and a statement that any complaints against the Program or any of its personnel may be directed to the department.

Source Note: The provisions of this §90.50 adopted to be effective November 1, 2017, 42 TexReg 4632

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