| (a) Application for Registration--An agent as defined
in §7.3 of this chapter (relating to Definitions) shall submit
an application to the Board in the following manner:
(1) The application shall be accompanied by the fee
described in this subsection.
(A) Each biennium, the Commissioner shall set the fee
for Certificates of Registration of agents.
(B) The Commissioner shall report changes in the fee
to the Board at a quarterly meeting.
(2) Upon request of the Commissioner or the Commissioner's
designee, the agent shall provide sufficient evidence of good character.
(3) The agent's Certificate of Registration shall be
issued for a five-year period.
(4) If the Commissioner denies the application for
a Certificate of Registration, or a renewal of the Certificate of
Registration, the applicant shall be notified in writing, and shall
be given the reasons for the denial. Additionally, the Commissioner
shall notify the institution or institutions which the agent represented
or proposed to represent, according to the records of the Board, in
the same manner.
(5) At least sixty (60), but no more than one hundred
twenty (120), days prior to the expiration of an agent's certificate,
the agent may complete and file with the Board an application for
renewal, accompanied by the registration fee described in this section.
(6) If a determination under this section is adverse
to a person or institution, it shall become final and binding unless,
within forty-five (45) days of the receipt of the adverse determination,
the person or institution invokes the administrative remedies contained
in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).
(b) Revocation of Registration--The Commissioner may
revoke an agent's Certificate of Registration at any time if the Commissioner
finds that:
(1) Any statement contained in the application is untrue;
(2) The institution represented has had its Certificate
of Authority revoked;
(3) The agent has made false, deceptive, or misleading
statements while attempting to solicit residents of this state as
students; or
(4) The agent has violated any provision of this subchapter.
(c) Notice of Revocation--Notice under subsection (b)
of this section shall be given to the agent and to the institution
that the agent represented or purported to represent. Immediately
upon receipt of actual knowledge of the agent's violation, or upon
receipt of the Commissioner's notice, whichever is earlier, the institution
shall make every effort to:
(1) divest the agent of the authority and of the apparent
authority to represent the institution;
(2) notify the media through which the agent made the
misrepresentations of the actual facts; and
(3) notify all students whose decision to enroll in
the institution was affected by the agent's misrepresentation, of
the actual facts.
(d) Administrative Remedies--A revocation made pursuant
to this section shall become final and binding unless, within forty-five
(45) days of its receipt of the notice of revocation, the institution
or agent invokes the administrative remedies contained in Chapter
1, Subchapter B of this title.
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| Source Note: The provisions of this §7.10 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113 |
