(a) To receive a driver education fee waiver, an eligible individual must identify a driver education provider with whom he or she intends to enroll that:

(1) is registered with the Texas Department of Licensing and Registration as a certified Texas driver education provider;

(2) is a registered vendor in accordance with rules established by the Agency and the Texas Comptroller of Public Accounts; and

(3) charges a rate that does not exceed twice the average rate of all other certified Texas driver education providers within a 30-mile radius of the selected certified Texas driver education provider's physical location. For driver education providers providing online instruction, their rate will be compared to the average rate for online driver education instruction available in Texas.

(b) Once a driver education provider is selected, the eligible individual must visit a website designated by the Agency to complete and submit via the website, email, or mail, the Driver Education Waiver Request Form, which includes:

(1) individual eligibility verification; and

(2) Youth Driver Education Funding Program eligibility verification.

(c) Agency staff shall review the form within five business days of submission and notify the requestor of the individual's eligibility status. If staff is unable to determine eligibility, staff will make reasonable efforts to contact the individual for further information.

(d) Once participant and Youth Driver Education Funding Program eligibility are determined, Agency staff shall:

(1) for an eligible individual, submit a payment request on the individual's behalf to the Agency's Finance Division; or

(2) for an ineligible individual, send a response to the individual alerting them of their ineligibility.

(e) After an eligible participant has completed enrollment with the selected provider, or submitted documentation that enrollment cannot be completed without payment, the Agency's Finance Division shall review and process the payment request in keeping with Agency policies and procedures regarding fee payment, and if sufficient funds have been transferred from the Texas Department of Public Safety (DPS) to the Agency. If enrollment is not possible without payment, TWC will work with applicants to enroll them at time of payment.

(f) An eligible participant who does not complete driver education or a test paid for under this chapter must wait for a period of three months before they enroll in a new course or test to be paid for by this chapter. An eligible participant may have the required waiting period waived by providing a written attestation describing the circumstances that prevented them from attending or completing the driver education or test and explaining why they assert the circumstances were outside their control.

(g) The Agency shall pay driver education providers for services provided to an eligible individual from the fund after the individual's application receives approval from the Agency, the driver's education provider submits required payment documentation that is accurate and complete, and the individual submits a completed driver education enrollment agreement.

(h) All Youth Driver Education Funding Program uses described in this chapter shall be monitored and reported on as required by the Texas Comptroller of Public Accounts, the Agency, and DPS.

(i) Driver education providers shall repay to the Agency improper payments received or refunds due for driver education funded under this chapter in instances:

(1) involving fraud committed by the driver education provider;

(2) in which the provider was paid for driver education from another source;

(3) in which the provider did not deliver driver education; or

(4) in which a refund is due under Texas Education Code, Chapter 1001, Subchapter I.

Source Note: The provisions of this §808.21 adopted to be effective July 18, 2022, 47 TexReg 4139