SECTION 7.10. Registration of Agents

(a) Application for Registration--An agent as defined in §7.3 of this chapter (relating to Definitions) shall submit an application to the Board in the following manner:

(1) The application shall be accompanied by the fee described in this subsection.

(A) Each biennium, the Commissioner shall set the fee for Certificates of Registration of agents.

(B) The Commissioner shall report changes in the fee to the Board at a quarterly meeting.

(2) Upon request of the Commissioner or the Commissioner's designee, the agent shall provide sufficient evidence of good character.

(3) The agent's Certificate of Registration shall be issued for a five-year period.

(4) If the Commissioner denies the application for a Certificate of Registration, or a renewal of the Certificate of Registration, the applicant shall be notified in writing, and shall be given the reasons for the denial. Additionally, the Commissioner shall notify the institution or institutions which the agent represented or proposed to represent, according to the records of the Board, in the same manner.

(5) At least sixty (60), but no more than one hundred twenty (120), days prior to the expiration of an agent's certificate, the agent may complete and file with the Board an application for renewal, accompanied by the registration fee described in this section.

(6) If a determination under this section is adverse to a person or institution, it shall become final and binding unless, within forty-five (45) days of the receipt of the adverse determination, the person or institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).

(b) Revocation of Registration--The Commissioner may revoke an agent's Certificate of Registration at any time if the Commissioner finds that:

(1) Any statement contained in the application is untrue;

(2) The institution represented has had its Certificate of Authority revoked;

(3) The agent has made false, deceptive, or misleading statements while attempting to solicit residents of this state as students; or

(4) The agent has violated any provision of this subchapter.

(c) Notice of Revocation--Notice under subsection (b) of this section shall be given to the agent and to the institution that the agent represented or purported to represent. Immediately upon receipt of actual knowledge of the agent's violation, or upon receipt of the Commissioner's notice, whichever is earlier, the institution shall make every effort to:

(1) divest the agent of the authority and of the apparent authority to represent the institution;

(2) notify the media through which the agent made the misrepresentations of the actual facts; and

(3) notify all students whose decision to enroll in the institution was affected by the agent's misrepresentation, of the actual facts.

(d) Administrative Remedies--A revocation made pursuant to this section shall become final and binding unless, within forty-five (45) days of its receipt of the notice of revocation, the institution or agent invokes the administrative remedies contained in Chapter 1, Subchapter B of this title.

Source Note: The provisions of this §7.10 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113