| (a) Advertisement content shall include, and clearly
indicate, the full and correct name of the school and its address,
including city, as they appear on the certificate of approval.
(b) Advertisements shall not include:
(1) statements that the school or its programs are
accredited unless the accreditation is that of an agency recognized
by the United States Department of Education;
(2) statements that the school or its courses of instruction
have been approved unless the approval can be substantiated by an
appropriate certificate of approval issued by an agency of the state
or federal government; or
(3) representation of the school as an employment agency
under the same name, or a confusingly similar name, or at the same
location of the school.
(c) A school holding a franchise to offer specialized
programs or classes not available to other schools shall not advertise
such programs in such a manner as to diminish the value and scope
of programs offered by other schools not holding such a franchise.
Advertising of special classes or programs offered under a franchise
shall be limited to the classes or programs offered.
(d) A school shall not use endorsements, commendations,
or recommendations by students in favor of a school except with the
consent of the student and without any offer of financial or other
material compensation. Endorsements shall bear the student's legal
or professional name. A school may abbreviate the student's name if
requested by the student. The school shall maintain a written record
of the endorsement, including the full legal name and contact information
for the student, associated with any advertisements referenced in
this section.
(e) A school shall not use a photograph, cut, engraving,
illustration or graphic in advertising in such a manner as to:
(1) convey a false impression of size, importance,
or location of the school, equipment, or facilities associated with
the school, or
(2) circumvent any of the requirements of this chapter
regarding written or oral statements.
(f) Every advertisement must clearly indicate that
training is being offered, and shall not, either by actual statement,
omission, or intimation, imply that prospective employees are being
sought.
(g) The Agency may order corrective action to counteract
the effect of advertising in violation of the Act or this chapter,
including:
(1) retraction by the school of such advertising claims
published in the same manner as the claims themselves;
(2) a prohibition against the use of an automatic forwarding
message; and
(3) submission of all advertisements to the Agency
for pre-approval at least 30 days before proposed submission of the
advertisements to the advertising medium.
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