Current through Reg. 50, No. 13; March 28, 2025
(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.
