Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter C - DRIVER EDUCATION SCHOOLS AND INSTRUCTORS › Section 84.43 - Driver Education Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) Relevant driver
				  training entities.
(1) A relevant driver
				  training entity may request driver education certificates or certificate
				  numbers by submitting an online, mailed or faxed department prescribed order
				  form, signed by an authorized representative of the relevant driver training
				  entity, stating the number of driver education certificates or certificate
				  numbers to be purchased and include payment of all appropriate fees. A
				  signature is not required for orders placed through the online
				  system.
(2) Relevant driver
				  training entities must:
(A) issue driver
				  education certificates or certificate numbers only to students who have
				  successfully completed the applicable portion of the approved driver education
				  course;
(B) issue driver education
				  certificates or certificate numbers in serial number order as purchased from
				  the department;
(C) indicate the
				  serial number of the original driver education certificate or certificate
				  number on such certificate or certificate number and any issued duplicate, if
				  necessary;
(D) not use an ADE-1317
				  driver education certificate or certificate number to replace a DE-964 driver
				  education certificate or certificate number;
(E) not transfer unassigned or blank driver
				  education certificates or certificate numbers at any time;
(F) maintain effective protective measures to
				  ensure the security of driver education certificates or certificate numbers to
				  prevent the unauthorized production or misuse of the certificates, and for the
				  recovery of lost data (electronic or otherwise) for such certificates or
				  certificate numbers;
(G) maintain
				  reconciliation records of all purchased, issued, unissued or unassigned driver
				  education certificates or certificate numbers in ascending serial number order,
				  and ensure security and recovery of the reconciliation record data;
(H) make all records available for review by
				  representatives of the department upon request;
(I) return unissued driver education
				  certificates or certificate numbers to the department within thirty (30)
				  calendar days from the date of the discontinuance of the driver education
				  program, unless otherwise notified by the department;
(J) report to the department all unaccounted
				  driver education certificates or certificate numbers within fifteen (15)
				  working days of the discovery of the incident;
(K) conduct an investigation to determine the
				  circumstances surrounding their unaccounted driver education certificates and
				  report the investigation findings, including preventative measures for
				  recurrence, to the department within thirty (30) calendar days of the
				  discovery;
(L) develop and maintain
				  effective policies and processes to ensure constant privacy, security, and
				  integrity of confidential student information, personal and financial, and make
				  the privacy policy available to all students; and
(M) ensure that the front of each driver
				  education certificate contains the department's complaint contact information
				  and current department telephone number in a font that is visibly
				  recognizable.
(3) Each
				  unaccounted original or duplicate driver education certificate or certificate
				  number (whether lost, stolen, blank, or unissued) may be considered a separate
				  violation.
(4) The right to receive
				  driver education certificates may be immediately suspended for a period
				  determined by the department if:
(A) a
				  department investigation is in progress and the department has reasonable cause
				  to believe the certificates have been misused or abused or that adequate
				  security was not provided; or
(B)
				  the relevant driver training entity or its designee fails to provide
				  information on records requested by the department within the required
				  time.
(5) The driver
				  education certificate is a government record as defined under Texas Penal Code,
				  §
											37.01(2).
				  Any misrepresentation by the applicant or person issuing the driver education
				  certificate may result in suspension or revocation of instructor credentials or
				  program approval and/or criminal prosecution.