| (a) A school must electronically notify the commission
at least three business days in advance of each scheduled session.
The notice must include the date, time and location of the session.
The commission may waive the three-day requirement on request for
good cause shown on an individual basis, but in no case may a session
be taught without prior notification to the commission.
(b) Reports of cancelled classes.
(1) A school must electronically notify the commission
of the cancellation of a session prior to the scheduled date of the
session unless the cancellation cannot reasonably have been anticipated
before that date.
(2) When a cancellation cannot reasonably have been
anticipated prior to the scheduled date of the session, the school
must electronically notify the commission of the cancellation not
later than the next business day. The notice must provide an explanation
of the circumstances justifying the late notice.
(c) A school shall maintain the Commission Standard
Competence Test in a secure manner and in a secure location at all
times and restrict access to ensure that the test is not available
to students or the public before or after it is administered. A school
must electronically notify the commission of any breach of security
involving the test within 24 hours of discovering the breach.
(d) Access to commission's portal to file reports and
notices.
(1) Each certified school is provided with information
and security access to the commission's selected secure portal when
an original certificate or renewal is issued. Access to the secure
portal may be terminated without notice if a security breach or malicious
virus is detected.
(2) The commission may require or perform periodic
audits to ensure secure portals are used for authorized purposes.
(3) A breach of security or misuse of the secure portal
will result in immediate termination of access pending investigation.
(e) Reports of seller training.
(1) For each session taught, a school shall electronically
file a report of seller training not later than 7 calendar days after
the date the class was held.
(2) Each report of seller training shall include all
students who successfully completed the session and received a passing
grade on the commission standard competence course.
(3) Each report of seller training shall contain each
student's name, commission-approved personal identification number,
date of birth, test score and certificate number.
(4) The trainer shall personally verify that on the
date indicated each student included in the report satisfactorily
completed the session and received a passing grade on the Commission
Standard Competence Test.
(f) Required records.
(1) Each school must maintain, at the school's primary
site or at a designated branch site, the reports and notices required
in this section.
(2) For each student attending a session, the school
must maintain the information required by this paragraph.
(A) The student's first and last names and middle initial.
(B) The student's mailing address.
(C) The student's e-mail address, if available.
(D) Any information required to assign the student
a commission-approved personal identification number.
(E) The student's score on the Commission Standard
Competence Test.
(3) All records, reports and documents required in
this section shall be maintained for four years.
(4) Records, reports and documents required by this
section may be maintained electronically in a methodical and organized
manner.
(5) All records, reports and documents shall be made
available to the commission upon request. Failure to provide the material
within five business days of the request is cause for cancellation
or suspension of the school's certificate.
(6) Failure to submit any record, report or notice
to the commission as and when required is cause for cancellation or
suspension of the school's certificate.
(7) Significant and/or repeated errors in submitting
information to the commission are cause for cancellation or suspension
of the school's certificate.
(8) If a school ceases operation, all records and reports
shall be provided to the commission.
(9) The commission may monitor sessions unannounced.
(10) The commission may conduct audits unannounced.
(11) An internet-based school must maintain all contracts
it has to receive traffic that has been redirected from another domain.
(g) The executive director may develop standard practices
relating to the implementation of this chapter. The standard practices
will provide guidance to schools and individuals affected by this
chapter regarding technical details required to efficiently and effectively
implement this chapter. The standard practices will be provided to
certified schools and will be posted on the commission's website.
The standard practices may not conflict with or alter the provisions
of this chapter.
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| Source Note: The provisions of this §50.10 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2269; amended to be effective February 13, 2023, 48 TexReg 662 |
