In addition to the definitions contained in §800.2 of
this title, the following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly indicates
otherwise.
(1) Academic quarter--A period of instruction that
includes at least ten weeks of instruction, unless otherwise approved
by the Agency.
(2) Academic semester--A period of instruction that
includes at least 15 weeks of instruction, unless otherwise approved
by the Agency.
(3) Academic term--An academic quarter, academic semester,
or other progress evaluation period.
(4) Academically related activity--An exam, tutorial,
computer-assisted instruction, academic counseling, academic advisement,
turning in a class assignment, or attending a study group that is
assigned by the institution, or other activity as determined by the
Agency.
(5) Accountant--An independent certified public accountant
properly registered with the appropriate state board of accountancy.
(6) Act--Texas Education Code, Chapter 132, Career
Schools and Colleges.
(7) Address of record--In addition to the mailing address
contained in the application for a certificate of approval, each career
school or college shall establish an email address of record for a
distribution list that consistently maintains a minimum of two current
subscribers, with the format of the address to be "School#Director@xdomain,"
for example, S1111Director@gmail.com.
(8) Advertising--Any affirmative act designed to call
attention to a school or program for the purpose of encouraging enrollment.
(9) Agency--The unit of state government established
under Texas Labor Code, Chapter 301, that is presided over by the
Commission and administered by the executive director to operate the
integrated workforce development system and administer the unemployment
compensation insurance program in this state as established under
the Texas Unemployment Compensation Act, Texas Labor Code Annotated,
Title 4, Subtitle A, as amended. The definition of Agency applies
to all uses of the term in this chapter.
(10) Appellant--The party or the party's authorized
hearing representative who files an appeal from an appealable determination
or decision.
(11) Asynchronous distance education--Distance education
training that the Agency determines is not synchronous.
(12) Class, course, or course of instruction--An identifiable
unit of organized instruction that is part of a program of instruction.
(13) Commission--The body of governance of the Texas
Workforce Commission composed of three members appointed by the governor
as established under Texas Labor Code, §301.002 that includes
one representative of labor, one representative of employers, and
one representative of the public. The definition of Commission applies
to all uses of the term in this chapter.
(14) Coordinating Board--The Texas Higher Education
Coordinating Board.
(15) Course time or course time hour--A class period
that is:
(A) a 50-minute to 60-minute lecture, recitation, or
class, including a laboratory class or shop training, in a 60-minute
period;
(B) a 50-minute to 60-minute externship in a 60-minute
period; or
(C) 60 minutes of preparation in asynchronous distance
education.
(16) Date of notice--The date the notice is mailed,
unless good cause exists for the hearing officer to determine otherwise.
(17) Date of request of hearing--The date on which
the appellant or the hearing representative filed a written notice
of appeal with the Agency by hand delivery, facsimile, or mail. If
an appeal is mailed to the Agency, then the appeal is perfected as
of the postmark date on the envelope containing the appeal request
unless good cause exists for the hearing officer to determine otherwise.
If an appeal is delivered by hand or facsimile after 5:00 p.m., the
date of request shall be the next day.
(18) Distance education course--Either a seminar or
a program that is offered to nonresidence school students delivered
either synchronously or asynchronously to the student from a remote
site.
(19) Distance education school--A school that offers
only distance education courses.
(20) Employment--A graduating or graduate student's
employment in the same or substantially similar occupation for which
the student was trained.
(21) Good reputation--The possession of honesty and
truthfulness, trustworthiness and reliability, and a professional
commitment to the educational process and the training or preparing
of a person for a field of endeavor in a business, trade, technical,
or industrial occupation, as well as the condition of being regarded
as possessing such qualities. In determining whether a person is of
good reputation, the Agency is not limited to the following acts or
omissions. The Agency may consider similar acts or omissions and rehabilitation
efforts in response to prior convictions in making its determination.
A person may be considered to lack good reputation if the person:
(A) has been convicted of a felony or any other crime
that would constitute risk of harm to the school or students as determined
by the Agency;
(B) has been successfully sued for fraud or deceptive
trade practices, or breach of contract, within the last 10 years;
(C) owns or administers a school currently in violation
of legal requirements, has owned or administered a school with repeated
violations, or has owned or administered a school that closed with
violations including, but not limited to, unpaid refunds or administrative
penalties; or
(D) has falsified or withheld information from the
Agency.
(22) Hearing--An informal, orderly, and readily available
proceeding held before an impartial hearing officer. A party or hearing
representative may present evidence to show that the Agency's determination
should be reversed, affirmed, or modified.
(23) Hearing officer--An Agency employee designated
to conduct impartial hearings and issue final administrative decisions.
(24) Hearing representative--Any individual authorized
by a party to assist the party in presenting the party's appeal. A
hearing representative may be legal counsel or another individual.
Each party may have a hearing representative to assist in presenting
the party's appeal.
(25) Human trafficking--The action or practice of illegally
transporting people for the purposes of forced labor or commercial
sexual exploitation, including all offenses referred to in Texas Penal
Code, Chapter 20A.
(26) Hybrid program or blended program--A program that
has any combination of residence and synchronous distance education
offerings.
(27) Job placement--An active effort by the school
to assist the student in obtaining employment in the same or substantially
similar stated occupation for which the student was trained. Active
efforts include, but are not limited to, the school:
(A) arranging an interview;
(B) contacting potential employers; and/or
(C) bringing potential employers to the school to assist
the student.
(28) Master Student Registration List (MSRL)--A comprehensive
list with an entry made for any person who signs an enrollment agreement,
makes a payment to attend the school, or attends a class. The entry
shall be made on the date the first of these events occurs.
(29) Military service--Service as a member of the armed
forces of the United States, including service in the National Guard
or Reserves.
(30) Owner--
(A) In the case of a career school or college owned
by an individual or married couple, that individual or married couple;
(B) In the case of a career school or college owned
by a partnership, all full, silent, and limited partners;
(C) In the case of a limited liability company, all
members and managers;
(D) In the case of professional associations, the members
and governing persons;
(E) In the case of a career school or college owned
by a corporation, the corporation, its directors, officers, and each
shareholder owning shares of issued and outstanding stock aggregating
at least 10 percent of the total of the issued and outstanding shares;
(F) In the case of a career school or college in which
the ownership interest is held in trust, the beneficiary of that trust;
(G) In the case of a career school or college owned
by another legal entity, a person who owns at least 10 percent ownership
interest in the entity; or
Cont'd... |
