| (7) Any written advertisement which contains a fee
charged by the provider shall display all fees for the course in the
same place in the advertisement and with the same degree of prominence.
If a provider requires students to purchase course materials which
are not included in the tuition, any such fees must appear in the
advertisement of the course.
(k) Record retention. A provider shall maintain the
same types of records and for the same period of time as required
of schools accredited under Subchapter F of this chapter (relating
to Pre-License Education and Examination). Providers shall make copies
of the records available to former students. A provider may charge
a reasonable fee to defray the cost of copying student records. A
provider's records must be kept at the location designated in the
MCE Provider Application. Providers must obtain prior approval from
the commission to change the location at which the provider's records
are kept.
(l) Course administration. Providers of MCE courses
are responsible to the commission for the conduct and administration
of each course presentation, the punctuality of classroom sessions,
verification of student attendance, and instructor performance. Providers
shall ensure that the non-elective courses are administered by instructors
in substantially the same manner as disseminated and updated by the
commission. During the presentation of a course, providers may not
promote the sale of goods or services.
(m) Updates. If the commission determines that it is
in the public interest to update the non-elective courses about changes
in the law, the commission may require the provider to furnish each
student with a copy of the information. The commission also may require
the provider to ensure that the provider's instructors include the
material in the presentation of the course. The commission shall furnish
the provider with a copy of the information and notify the provider
that the commission requires compliance with this subsection in a
non-elective course or any elective course combined with a non-elective
course offered after the provider's receipt of the notice.
(n) Change in ownership. In the event of a change of
ownership, the provider must obtain approval from the commission prior
to the change, and proposed new owners shall submit a Principal Information
Form. Providers shall report a change in business name, street or
mailing address, email address, person responsible for records or
day-to-day operations, or persons authorized to sign MCE forms at
least 15 days prior to the desired date of change. Providers shall
report any change in refund policy, attorney-in-fact, address of attorney-in-fact
or business telephone number as the change occurs.
(o) MCE credit for instructors. Providers may request
MCE credit be given to instructors of MCE courses subject to the following
guidelines.
(1) The instructors may receive credit for only those
portions of the course that they teach by filing a completed Instructor
Credit Request.
(2) The instructors may receive full course credit
by attending all of the remainder of the course and signing the course
completion roster.
(p) Written policies. Each provider shall establish
written policies governing refunds and contingency plans in the event
of course cancellation. If the provider cancels a course, the provider
shall fully refund all fees collected from students, or at the student's
option, the provider may credit the student for another course of
equal or greater credit hours.
|
| Source Note: The provisions of this §535.72 adopted to be effective September 1, 2004, 29 TexReg 8285; amended to be effective December 30, 2007, 32 TexReg 9990; amended to be effective January 1, 2011, 35 TexReg 11684; amended to be effective March 21, 2012, 37 TexReg 1907 |
