| (a) Application for course provider. An application
for a license for a course provider shall be made on forms prescribed
by the department. An application from a course provider that is a
primary consignee shall include evidence of permission from the course
owner to operate as the primary consignee.
(b) Bond requirements for course provider. In the case
of an original or a change of owner application, an original bond
shall be provided in the amount of $10,000. In the case of a renewal
application, an original bond or a continuation agreement for the
approved bond currently on file shall be submitted. The bond or the
continuation agreement shall be executed on the form prescribed by
the department.
(c) Course provider license. The course provider license
shall indicate the name of the driving safety course for which approval
is granted exactly as stated in the application for the course approval.
(d) Verification of ownership for course provider.
In the case of an original or change of owner application for a course
provider, the owner of the course provider shall provide verification
of ownership.
(e) Adequate educational and experience qualifications.
The course provider shall provide as part of the application sufficient
documentation to support adequate educational and experience qualifications.
Verifiable education and/or experience in administration or supervision
shall be required. Adequate educational and experience qualifications
have been satisfied if the course provider meets one of the following.
(f) A new course provider shall submit evidence of
a combined total of three years of driver and traffic safety education
or experience and administrative/management experience; however, a
minimum of six months in each shall be required.
(g) Purchase of course provider.
(1) A person or persons purchasing a licensed course
provider shall obtain an original license. The application for a new
course provider that is a primary consignee shall include evidence
of permission from the course owner to operate as the primary consignee.
(2) The contract or any instrument transferring the
ownership of the course provider shall include the following statements:
(A) The purchaser shall assume all refund liabilities
incurred by the seller or any former owner before the transfer of
ownership; and
(B) The purchaser shall assume the liabilities, duties,
and obligations under the enrollment contracts between the students
and the seller, or any former owner.
(h) New location. The department shall be notified
in writing of any change of address of a course provider at least
fifteen (15) working days before the move. The appropriate fee and
all documents must also be submitted.
(i) Renewal of course provider license. A complete
application for the renewal of a license for a course provider shall
be submitted before the expiration of the license and shall include
the following:
(1) a completed application for renewal;
(2) an annual renewal fee, if applicable;
(3) a new continuing education course; and
(4) executed bond or executed continuation agreement
for the bond currently on file with the department.
(j) Course provider closure. A course provider owner
shall notify the department of the closure date of the course provider
at least fifteen (15) business days before the closure. A course provider
shall make all records and all used and unused uniform certificates
of course completion and course completion certificate numbers available
for review by the department within thirty (30) days of the date the
course provider ceases operation.
(k) Facility location. Course providers and all course
provider facilities that process, deliver, or store curriculum materials,
student records, or uniform certificates of course completion and
certificate numbers to be used for Texas courses must be located within
the United States.
|
| Source Note: The provisions of this §84.62 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective September 1, 2020, 45 TexReg 6069 |
