| (a) An applicant for an original or renewal primary
internet-based seller server school certificate must complete all
sections of the application on forms provided by the commission.
(b) An applicant for an original certificate or change
of ownership for an internet-based seller server school must disclose
all individual owners, individuals and legal entities having an ownership
interest, and all officers, directors, managers, and instructors.
(1) A legal entity must provide its formation and registration
documents and must be authorized to transact business in this state.
(2) A personal history sheet must be completed and
submitted with the application for each individual disclosed on the
application.
(3) An individual required to submit a personal history
sheet must at the same time submit an authorization for a criminal
history background check.
(4) Additional information may be required by the commission
to verify ownership or qualifications of the applicant.
(c) The applicant must sign and verify that:
(1) the applicant has authority to act on behalf of
all owners;
(2) the applicant has personally completed or reviewed
the application and has personal knowledge of and is responsible for
its content;
(3) all parts of the application that apply are complete;
(4) each fact, disclosure, and statement made in the
application is true and correct at the time the application is submitted;
(5) the applicant acknowledges that an application
for a certificate is a government document and is subject to verification
by the commission; and
(6) the applicant acknowledges that providing false
or misleading information or omitting a material fact may result in
the refusal of the application, cancellation of a certificate, or
criminal prosecution.
(d) Incomplete applications or applications submitted
without required fees will neither be accepted for processing nor
returned to the applicant.
(e) An applicant must:
(1) keep an exact copy of the application submitted
to the commission; and
(2) complete and correct any deficiencies within 10
business days after being notified of the deficiency.
(f) An applicant for an internet-based seller server
school certificate must verify that the security measures implemented
and maintained by the school meet state and federal standards for
the transmission and protection of personal identification information
and financial information of individuals accessing the website.
(g) The presentation and course progress platform used
by an internet-based seller server school must be reviewed and approved
by the commission to ensure:
(1) the course of instruction contains all topics required
by the mandatory curriculum; and
(2) each topic must be completed before the next topic
may be accessed.
(h) An applicant for a primary internet-based training
school certificate must designate a primary domain and must list:
(1) all domains the school uses to provide any course
of instruction that includes the mandatory curriculum;
(2) all domains under common ownership with the school
that redirect students to the primary designated domain or to any
other domain under common ownership with the designated primary domain;
and
(3) all domains, whether or not under common ownership,
with which the school has a contractual relationship to redirect students
to the designated primary domain or to any domain under common ownership.
(i) The applicant must agree to update the list required
by subsection (h) of this section within 24 hours of a change during
the term of the certificate and failure to keep the list current is
grounds for cancellation of the primary internet-based training school
certificate.
(j) A primary internet-based training school must obtain
a branch internet-based training school certificate for each domain
that is under common ownership with the designated primary domain
but that offers a different course of instruction from that offered
at the designated primary domain.
(k) A primary internet-based training school is not
required to obtain a branch internet-based or branch mobile application
training school certificate for a domain that is under common ownership
with the designated primary domain but that either merely redirects
students to the designated primary domain or to another domain that
is under common ownership with the primary domain.
(l) A primary internet-based training school is required
to obtain:
(1) a branch mobile application training school certificate
for each delivery platform that is under common ownership with the
designated primary internet-based program. This includes, but is not
limited to, programs designed for specific mobile devices or custom
programming as a delivery platform for the mandatory curriculum and
internet-based testing; or
(2) a branch internet-based training school certificate
for each delivery domain that is under common ownership with the designated
primary internet-based program but provides a different course of
instruction than that which is approved on the designated primary
domain.
(m) A primary internet-based training school must require
that before any domain redirects a student to the designated primary
domain or to any domain under common ownership with it, and before
charging the student, the redirecting domain must inform the student:
(1) that he will be transferred to another site;
(2) of the name of the school that will actually provide
the course of instruction;
(3) of the name of the school that will appear on his
certificate upon successful completion of the course;
(4) that the school to which he will be redirected
will solicit private, personally identifiable information from the
student; and
(5) that the student may refuse to be transferred without
incurring fees.
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| Source Note: The provisions of this §50.17 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2270; amended to be effective June 14, 2023, 48 TexReg 2939 |
