SECTION 50.9. Issuance of Seller Server Certificates

(a) A school must order and pay for all seller server certificate numbers in advance using the order forms and payment methods approved by the commission. Certificate numbers cost $2.00 each.

(b) No session may be conducted unless the school:

(1) has sufficient certificate numbers available to issue a certificate to each individual attending the session at the time, date and location of the scheduled session; and

(2) limits the number of individuals attending a session to the number of certificate numbers available at the location on the date and time the session is conducted.

(c) If a school had sufficient certificate numbers to issue to each student in a session, but one or more certificate numbers had to be voided so that a student who should have received a certificate did not receive one on the date of the session, the school must, within five calendar days of the session, submit a written statement to the commission explaining why sufficient certificate numbers were not available and listing the voided certificate numbers.

(d) Requirements for classroom-based or in-house schools issuing seller server certificate to students.

(1) If a student satisfies the requirements for a certificate, the school must issue the student the certificate on the date the student satisfied those requirements and at the location of that session.

(2) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school, at the conclusion of the session where the student satisfied the requirements for a certificate, and on the date and location of that session, must:

(A) provide the student with a written receipt showing the name of the school, the name of the instructor, the instructor's certificate number, the amounts paid by the student, and the date, time and location of the session;

(B) provide the student written notice containing the commission's internet address and informing the student that the student may file a complaint with the commission;

(C) notify the commission in writing, or on forms provided by the commission for internet notification, of the information required to be provided to the student in subparagraph (A) of this paragraph; and

(D) issue the student a certificate within 10 calendar days from the date of the session where the student satisfied the requirements for a certificate.

(e) Requirements for internet-based schools issuing seller server certificate to students.

(1) If a student satisfies the requirements for a certificate, the school must electronically issue the student the certificate within 24 hours of the time the student satisfied those requirements.

(2) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school, within 24 hours of the conclusion of the session where the student satisfied the requirements for a certificate, must electronically provide the student:

(A) a receipt showing the name of the school, the name of the instructor, the instructor's certificate number, the amounts paid by the student, and the date and time of the session;

(B) an explanation of why the certificate is not being issued; and

(C) the commission's internet address and notice that the student may file a complaint with the commission.

(3) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school, within 24 hours of the conclusion of the session where the student satisfied the requirements for a certificate, must electronically provide the commission the information provided to the student under paragraph (2) of this subsection.

(4) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school must issue the student a certificate within 10 calendar days from the date of the session where the student satisfied the requirements for a certificate.

(f) A school that fails to comply with the requirements of subsection (d) or (e) of this section commits a separate violation for each student affected by that failure.

(g) The commission may refuse to issue certificates to a school:

(1) if the commission has a reasonable basis to believe the certificates have been misused or abused or that inadequate security or control may result in the misuse or abuse of certificates;

(2) if the school fails to provide information and records within three business days of a request by the commission; or

(3) if the school has failed to create or maintain information and records required by the commission.

(h) A school may not transfer a certificate to another school, even if the schools are affiliated branch or primary schools.

Source Note: The provisions of this §50.9 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