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RULE §31.2Contracted Motorcycle Operator Training Site Sponsor

(a) person may not offer training in motorcycle operation for a consideration unless the person is licensed by, or contracts with the department. Approval for a contract will be denied unless a sponsor applicant meets the following requirements. The applicant must demonstrate the capacity to register students, collect and account for tuition and state reimbursements as appropriate, arrange public notice of courses, provide required insurance coverage and make all necessary insurance premium payments, submit and maintain all required records, and contract with, schedule, and compensate approved instructors as appropriate. All contract applicants:

  (1) must have access to a riding area for on-cycle training that is:

    (A) a paved surface, including asphalt, concrete, or other all weather surface of suitable traction; and

    (B) large enough to safely accommodate any motorcycle training range approved by the department, as flat as possible, secure from vehicular and pedestrian traffic, and free of surface hazards and obstacles;

  (2) permanent sites must also have access to:

    (A) a secure storage area to physically and environmentally protect training motorcycles and other course equipment;

    (B) a classroom, not located in a private residence, that is large enough to seat all students and RiderCoaches comfortably and that contains at least one adequate desk or equivalent seating and writing surface for each student, and at least one instructor's desk, table, or podium;

    (C) audiovisual presentation equipment for the classroom, including a chalkboard or equivalent; and

    (D) a first aid kit and at least one five-pound Class ABC fire extinguisher, or equivalent, for the riding area.

(b) The department may deny, suspend, or cancel its approval for a program sponsor to conduct a course or for a RiderCoach to teach courses offered under this section if the applicant, sponsor, or RiderCoach does not satisfy the requirements of subsection (a) of this section;

  (1) is convicted under the laws of this state, another state, or the United States, of any felony or offense involving moral turpitude, tampering with a governmental record, driving while intoxicated, or driving under the influence of drugs, or an offense committed as a result of the person's criminally negligent operation of a motor vehicle.

    (A) these particular crimes relate to conducting and teaching courses because the sponsor and RiderCoaches are required to be of good reputation, character, and moral conduct, to deal honestly with members of the public, keep records on behalf of the department, and to recognize the importance of, encourage, and practice safe driving and riding techniques.

    (B) a conviction for an offense other than a felony will not be considered by the department, under this subsection, if a period of more than five years has elapsed since the date of the conviction or of the release of the person from the confinement or supervision imposed for that conviction, whichever is the later date.

    (C) for the purposes of this section, a person is convicted of an offense when an adjudication of guilt on an offense is entered against the person by a court of competent jurisdiction, whether or not the sentence is subsequently probated and the person is discharged from probation;

  (2) cannot provide sufficient information and documentation to enable the department to evaluate or reevaluate the applicant's request for approval;

  (3) knowingly presents or allows to be presented to the department any false or misleading information relating to a request for approval;

  (4) permits or engages in any fraud or fraudulent practice concerning an application or, in any action between the applicant or licensee and the public, induces or countenances any fraud or fraudulent practice on the part of an applicant for a driver's license or permit;

  (5) knowingly or recklessly disregards or fails to comply with any departmental rule, written policy, or written procedure regarding the motorcycle operator training program; or

  (6) knowingly allows RiderCoach to give, or a student to receive, classroom or riding instruction if either exhibits any evidence of or effects from an alcoholic beverage, controlled substance, or drug as defined in Texas Penal Code, §49.01 et seq.

(c) In determining the present fitness of a person who has been convicted of a crime and in determining whether a criminal conviction directly related to an occupation, the department shall consider those factors stated in Occupations Code, Chapter 53.

(d) The department may construe any probation or conviction which is for a criminal offense arising from a penal provision from another state, federal, military, or foreign jurisdiction to be its closest equivalent under the penal provisions of this state.

(e) The department may cancel its approval if:

  (1) it was based on false or incorrect information or mistake, such as clerical or other nonsubstantive errors by either party; or

  (2) if the discrepancy causing the suspension under these administrative rules has not been corrected within the time limit prescribed by a suspension; or

  (3) any offense involving tampering with a government record or driving while intoxicated where the offense occurred within the previous five years.

(f) Each sponsor must designate a program administrator to be responsible for signing contracts with the department, instructors, or students and for signing any forms required of the sponsor. The program administrator must also be designated by the sponsor to be the custodian of all records, which shall be kept for a period of at least three years from the date of the final performance report under the contract.

(g) If the sponsor is an organization, that organization shall designate one of its members as the chief school official. If the sponsor is an individual, that person shall also be the program administrator.

(h) The control of the sponsor is considered to have changed:

  (1) in the case of sole proprietorship, when more than 50% of the controlling interest has been sold or transferred;

  (2) in the case of a partnership or a corporation, when more than 50% of the controlling interest has been sold or transferred; or

  (3) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the sponsor.

(i) When control of the sponsor has changed, as outlined in subsection (g) of this section, the sponsor must notify the department. The contract will then be canceled and renegotiated through the appropriate rules and regulations.

Source Note: The provisions of this §31.2 adopted to be effective April 20, 1993, 18 TexReg 2301; amended to be effective October 24, 1996, 21 TexReg 10220; amended to be effective April 15, 1997, 22 TexReg 3305; amended to be effective May 1, 2001, 26 TexReg 3222; amended to be effective December 25, 2003, 28 TexReg 11343; amended to be effective December 23, 2004, 29 TexReg 11747

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