SECTION 90.50. Program Administration

(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 personnel.

(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 the program.

(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.

(d) Referrals.

(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 or instructor.

(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: [phone], Toll-Free (in Texas): [phone], Relay Texas-TDD: [phone], https://www.tdlr.texas.gov/complaints/".

Source Note: The provisions of this §90.50 adopted to be effective September 1, 2022, 47 TexReg 5101