SECTION 50.10. Requirements for Records, Reports and Notices

(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.

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