(a) The commission, after notice and hearing, may suspend
or cancel a school's certificate if the school, or a trainer employed
by or under contract to the school:
(1) fails to verify an individual's qualifications
to receive a certificate;
(2) signs a certificate when the trainer did not personally
instruct the student;
(3) fails to follow or provide instruction required
by the mandatory curriculum;
(4) provides fewer than the required number of hours
of instruction;
(5) issues more than 50 seller server certificates
for a single session, unless the school has an internet-based seller
server school certificate;
(6) issues a seller server certificate or provides
instruction on a date when the school's or instructor's certification
is expired, suspended or cancelled;
(7) fails to administer or require a student to take
and/or make a passing score on the Commission Standard Competence
Test before issuing a seller server certificate to the student;
(8) uses, discloses, or sells personal or financial
information obtained from a student or the commission for a purpose
or in a manner not authorized by this chapter;
(9) falsifies, alters or destroys a record required
by the commission, regardless of whether there was intent to deceive
the commission or another;
(10) violates any section of this chapter or the standard
practices of the commission that, in the opinion of the commission,
warrants suspension or cancellation;
(11) has engaged in an ongoing course of conduct or
activities that undermine the purpose and intent of this chapter;
(12) fails to control, monitor, and supervise instructors
and classroom instruction to prevent a violation of law or the requirements
of this chapter;
(13) fails to implement control and security measures
to protect personal or financial information obtained from a student
or the commission from accidental, intentional, or malicious use or
disclosure;
(14) allows a session to be taught by someone who does
not hold current trainer certification;
(15) falsifies, makes a material misstatement, or fails
to disclose required information on any document or record required
by this chapter;
(16) counterfeits a certificate issued under this chapter;
or
(17) violates any provision of this chapter.
(b) The commission, after notice and hearing, may suspend
or cancel a school's certificate if a trainer employed by or under
contract to the school, a responsible person assigned by the school
to a session, the owner or governing body of a school, or the administration
of a college or university has failed to supervise or exercise control
of its employees or facilities, and the failure has resulted in actual
harm or increased risk to the health or safety of students or the
public.
(c) The commission, after notice and hearing, may suspend
or cancel a school's certificate if the quality of instruction falls
below minimum commission standards as determined by the commission
through:
(1) direct observation of instruction by commission
auditors or agents;
(2) consistent failure of the school to impart basic
knowledge and understanding to students, as measured by student failures,
student violations, or student surveys or reports; or
(3) complaints received from any person.
(d) The commission, after notice and hearing, may suspend
or cancel a school's certificate if the school engages in any of these
acts or practices:
(1) presenting the course of instruction as its own
when it is not;
(2) causing confusion or misunderstanding as to the
source, sponsorship, approval or certification of the course of instruction
or services provided by a school or instructor;
(3) causing confusion or misunderstanding as the affiliation,
connection or association with, or certification by, the commission
or a school certified by the commission;
(4) representing that a school or course of instruction
is sponsored, approved, certified or accredited by the commission
when it is not;
(5) representing that an individual is affiliated with,
employed by or represents a school certified by the commission when
the individual is not;
(6) representing that a course of instruction has been
approved by the commission when it has not; or
(7) advertising services or other courses of instruction
during the time allocated for instruction or completion of a course
of instruction approved by the commission.
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