SECTION 50.13. Grounds for Suspension or Cancellation of School's Certificate

(a) The commission, after notice and hearing, may suspend or cancel a school's certificate if the school, or a trainer employed by or under contract to the school:

(1) fails to verify an individual's qualifications to receive a certificate;

(2) signs a certificate when the trainer did not personally instruct the student;

(3) fails to follow or provide instruction required by the mandatory curriculum;

(4) provides fewer than the required number of hours of instruction;

(5) issues more than 50 seller server certificates for a single session, unless the school has an internet-based seller server school certificate;

(6) issues a seller server certificate or provides instruction on a date when the school's or instructor's certification is expired, suspended or cancelled;

(7) fails to administer or require a student to take and/or make a passing score on the Commission Standard Competence Test before issuing a seller server certificate to the student;

(8) uses, discloses, or sells personal or financial information obtained from a student or the commission for a purpose or in a manner not authorized by this chapter;

(9) falsifies, alters or destroys a record required by the commission, regardless of whether there was intent to deceive the commission or another;

(10) violates any section of this chapter or the standard practices of the commission that, in the opinion of the commission, warrants suspension or cancellation;

(11) has engaged in an ongoing course of conduct or activities that undermine the purpose and intent of this chapter;

(12) fails to control, monitor, and supervise instructors and classroom instruction to prevent a violation of law or the requirements of this chapter;

(13) fails to implement control and security measures to protect personal or financial information obtained from a student or the commission from accidental, intentional, or malicious use or disclosure;

(14) allows a session to be taught by someone who does not hold current trainer certification;

(15) falsifies, makes a material misstatement, or fails to disclose required information on any document or record required by this chapter;

(16) counterfeits a certificate issued under this chapter; or

(17) violates any provision of this chapter.

(b) The commission, after notice and hearing, may suspend or cancel a school's certificate if a trainer employed by or under contract to the school, a responsible person assigned by the school to a session, the owner or governing body of a school, or the administration of a college or university has failed to supervise or exercise control of its employees or facilities, and the failure has resulted in actual harm or increased risk to the health or safety of students or the public.

(c) The commission, after notice and hearing, may suspend or cancel a school's certificate if the quality of instruction falls below minimum commission standards as determined by the commission through:

(1) direct observation of instruction by commission auditors or agents;

(2) consistent failure of the school to impart basic knowledge and understanding to students, as measured by student failures, student violations, or student surveys or reports; or

(3) complaints received from any person.

(d) The commission, after notice and hearing, may suspend or cancel a school's certificate if the school engages in any of these acts or practices:

(1) presenting the course of instruction as its own when it is not;

(2) causing confusion or misunderstanding as to the source, sponsorship, approval or certification of the course of instruction or services provided by a school or instructor;

(3) causing confusion or misunderstanding as the affiliation, connection or association with, or certification by, the commission or a school certified by the commission;

(4) representing that a school or course of instruction is sponsored, approved, certified or accredited by the commission when it is not;

(5) representing that an individual is affiliated with, employed by or represents a school certified by the commission when the individual is not;

(6) representing that a course of instruction has been approved by the commission when it has not; or

(7) advertising services or other courses of instruction during the time allocated for instruction or completion of a course of instruction approved by the commission.

Source Note: The provisions of this §50.13 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2270