|(a) Compliance. A program provider is responsible for
all aspects of program compliance with this chapter, including any
noncompliance related to the conduct of an instructor, owner, or other
(b) Course Fees and Schedules.
(1) A program provider must set definite and reasonable
course fees. Course fees may not be assessed on a class-by-class basis.
(2) A program provider 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
(c) Program Records and Audits.
(1) A program provider 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 must make available
or provide to the department during business hours, any of its documents
or records, unless otherwise prohibited by law.
(1) If a program provider or instructor offers or provides
court-ordered program referral information to an individual who is
required to complete a court-ordered program, the program provider
or instructor must:
(A) provide the department's phone number and website;
(B) advise the individual concerning the individual's
choice to complete any court-ordered program or course approved by
the department or use any program provider or instructor licensed
by the department with the appropriate endorsement; and
(C) not require or otherwise attempt to influence an
individual to choose a particular court-ordered program, course, provider
(2) This subsection does not prevent a program provider
or instructor from providing information about a specific court-ordered
program, course, provider, or instructor when a prospective participant
is specifically requesting information about that particular program,
course, provider, or instructor.
(e) Complaint Procedures and Notice.
(1) A program provider must establish procedures to
resolve participant complaints.
(2) A program provider must provide notice to participants
that contains a statement that any complaints against the court-ordered
program, program provider, instructor, or any of the program provider's
personnel may be directed to the department. The notice must contain
the following information: "Regulated by the Texas Department of Licensing
and Regulation, P.O. Box 12157, Austin, Texas 78711, Telephone: (512)
463-6599, Toll-Free (in Texas): (800) 803-9202, Relay Texas-TDD: (800)