16 Tex. Admin. Code § 50.17 - Application for Primary Internet-Based Seller Server School Certificate

(a) An applicant for an original or renewal primary internet-based seller server school certificate must complete all sections of the application on forms provided by the commission.

(b) An applicant for an original certificate or change of ownership for an internet-based seller server school must disclose all individual owners, individuals and legal entities having an ownership interest, and all officers, directors, managers, and instructors.

(1) A legal entity must provide its formation and registration documents and must be authorized to transact business in this state.

(2) A personal history sheet must be completed and submitted with the application for each individual disclosed on the application.

(3) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.

(4) Additional information may be required by the commission to verify ownership or qualifications of the applicant.

(c) The applicant must sign and verify that:

(1) the applicant has authority to act on behalf of all owners;

(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;

(3) all parts of the application that apply are complete;

(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;

(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and

(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.

(d) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.

(e) An applicant must:

(1) keep an exact copy of the application submitted to the commission; and

(2) complete and correct any deficiencies within 10 business days after being notified of the deficiency.

(f) An applicant for an internet-based seller server school certificate must verify that the security measures implemented and maintained by the school meet state and federal standards for the transmission and protection of personal identification information and financial information of individuals accessing the website.

(g) The presentation and course progress platform used by an internet-based seller server school must be reviewed and approved by the commission to ensure:

(1) the course of instruction contains all topics required by the mandatory curriculum; and

(2) each topic must be completed before the next topic may be accessed.

(h) An applicant for a primary internet-based training school certificate must designate a primary domain and must list:

(1) all domains the school uses to provide any course of instruction that includes the mandatory curriculum;

(2) all domains under common ownership with the school that redirect students to the primary designated domain or to any other domain under common ownership with the designated primary domain; and

(3) all domains, whether or not under common ownership, with which the school has a contractual relationship to redirect students to the designated primary domain or to any domain under common ownership.

(i) The applicant must agree to update the list required by subsection (h) of this section within 24 hours of a change during the term of the certificate and failure to keep the list current is grounds for cancellation of the primary internet-based training school certificate.

(j) A primary internet-based training school must obtain a branch internet-based training school certificate for each domain that is under common ownership with the designated primary domain but that offers a different course of instruction from that offered at the designated primary domain.

(k) A primary internet-based training school is not required to obtain a branch internet-based or branch mobile application training school certificate for a domain that is under common ownership with the designated primary domain but that either merely redirects students to the designated primary domain or to another domain that is under common ownership with the primary domain.

(l) A primary internet-based training school is required to obtain:

(1) a branch mobile application training school certificate for each delivery platform that is under common ownership with the designated primary internet-based program. This includes, but is not limited to, programs designed for specific mobile devices or custom programming as a delivery platform for the mandatory curriculum and internet-based testing; or

(2) a branch internet-based training school certificate for each delivery domain that is under common ownership with the designated primary internet-based program but provides a different course of instruction than that which is approved on the designated primary domain.

(m) A primary internet-based training school must require that before any domain redirects a student to the designated primary domain or to any domain under common ownership with it, and before charging the student, the redirecting domain must inform the student:

(1) that he will be transferred to another site;

(2) of the name of the school that will actually provide the course of instruction;

(3) of the name of the school that will appear on his certificate upon successful completion of the course;

(4) that the school to which he will be redirected will solicit private, personally identifiable information from the student; and

(5) that the student may refuse to be transferred without incurring fees.

Notes

16 Tex. Admin. Code § 50.17

The provisions of this §50.17 adopted to be effective January 1, 2011, 35 TexReg 7054; Amended by Texas Register, Volume 43, Number 15, April 13, 2018, TexReg 2270, eff. 4/17/2018; Amended by Texas Register, Volume 48, Number 23, June 9, 2023, TexReg 2939, eff. 6/14/2023