16 Tex. Admin. Code § 84.63 - Uniform Certificate of Course Completion for Driving Safety Course
(a) For purposes of
this section, the term "certificate" refers to uniform certificates of course
completion issued by the department to driving safety providers in paper
format, and certificate numbers issued to driving safety providers for
inclusion on department-approved driving safety course certificate completion
forms.
(b) Driving safety provider
responsibilities. Providers are responsible for original and duplicate
certificates in accordance with this subsection. Each driving safety provider
must:
(1) submit a plan for the electronic
issuance of certificates for approval by the department prior to its
implementation;
(2) issue
certificates that comply with the design specifications approved by the
department;
(3) develop and
maintain a department-approved method for securing, issuing, and maintaining
original and duplicate certificates that, to the greatest extent possible,
prevents the unauthorized production or misuse of the certificates, and allows
for the recovery of lost data (electronic or otherwise) for such
certificates;
(4) issue
certificates only to students who have successfully completed all elements of
the provider's approved driving safety course;
(5) maintain secure files (electronic or
otherwise) with data pertaining to all certificates purchased from the
department, and must make available to the department, upon request, an
ascending numerical accounting record of the numbered certificates
issued;
(6) issue all original and
duplicate certificates using first-class or enhanced postage, equivalent
commercial delivery method, or a department-approved electronic issuance
method;
(7) sequentially number
original certificates from the block of numbers purchased from the
department;
(8) use certificates
only for the course for which the certificates were ordered from the
department;
(9) implement and
maintain methods for efficiently issuing original certificates so that issuance
of duplicate certificates is kept at a minimal rate;
(10) report all unaccounted original and
duplicate certificates or unissued certificates or duplicates to the department
within 15 working days of the discovery of the incident;
(11) conduct an investigation to determine
the circumstances surrounding the unaccounted items noted in paragraph (10),
and submit a report of the findings of the investigation, including
preventative measures for recurrence, to the department within thirty (30) days
of the discovery; and
(12) report
original and duplicate certificate data, by secure electronic transmission, to
the department within five (5) days of issuance using guidelines established
and provided by the department. The issue date indicated on the certificate
shall be the date the provider issues the certificate to the student.
(c) Disposition of original or
duplicate certificates.
(1) The provider's
records, including unissued or unnumbered original and duplicate certificates,
must be available for review by representatives of the department.
(2) A driver safety provider must not issue,
transfer, or transmit an original or duplicate certificate bearing the serial
number of a certificate or duplicate previously issued.
(3) Each unaccounted, missing, blank, or
unissued original or duplicate certificate may be considered a separate
violation. This may include a lost, stolen, or otherwise unaccounted original
or duplicate certificate.
(4) When
a duplicate certificate is issued by a provider, the duplicate certificate
shall bear a serial number from the block of numbers purchased from the
department by the provider. The duplicate certificate must clearly indicate the
number of both the duplicate and the original serial number of the certificate
being replaced.
(5) Any item on a
duplicate certificate that has different data than that shown on the original
certificate must clearly indicate both the original data and the replacement
data; for example, a change in the date of course completion must show the
correct date and "changed from XX," where "XX" is the date shown on the
original certificate.
(6) If the
student requests a duplicate certificate within thirty (30) days of the date of
issue of the original certificate because the original was not received,
unusable, or was issued with errors due to no fault of the student, the
provider must issue the duplicate at no cost to the student. Driving safety
providers must include this information in the student enrollment
contract.
Notes
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