Current through Reg. 49, No. 38; September 20, 2024
(a) A person or institution may not:
(1) Granting of Degrees--Grant, award, or
offer to award a degree on behalf of a nonexempt institution unless the
institution has been issued a Certificate of Authority to grant the degree by
the Board;
(2) Transferability of
Credit--Represent that credits earned or granted by that person or institution
are applicable for credit toward a degree to be granted by some other person or
institution unless the institution is operating under a Certificate of
Authority or Certificate of Authorization and has written agreement(s) with the
institution which will accept the credit in transfer;
(3) Honorary Degrees--Award or offer to award
an honorary degree on behalf of a private postsecondary institution subject to
the provisions of this subchapter, unless the institution has been awarded a
Certificate of Authority or Certificate of Authorization to award such a
degree, or solicits another person to seek or accept an honorary degree and,
further, unless the degree shall plainly state on its face that it is
honorary;
(4) Protected Terms--Use
a protected term in the official name or title of a nonexempt private
postsecondary institution, an educational or training establishment, or
describe an institution using any of these terms or a term having a similar
meaning, except as authorized by the Board, or solicit another person to seek a
degree or to earn a credit that is offered by an institution or training
establishment that is using a term in violation of this section;
(5) Agent--Act as an agent who solicits
students for enrollment in a private postsecondary institution subject to the
provisions of this subchapter without a Certificate of Registration, if
required by this chapter;
(6)
Fraudulent Degree--Use or claim to hold a degree that the person knows is a
fraudulent, substandard, or is a fictitious degree:
(A) in a written or oral advertisement or
other promotion of a business; or
(B) with the intent to:
(i) obtain employment;
(ii) obtain a license or certificate to
practice a trade, profession, or occupation;
(iii) obtain a promotion, compensation or
other benefit, or an increase in compensation or other benefit, in employment
or in the practice of a trade, profession, or occupation;
(iv) obtain admission to an educational
program in this state; or
(v) gain
a position in government with authority over another person, regardless of
whether the actor receives compensation for the position.
(C) The use of fictitious, fraudulent, or
substandard degrees--The Board shall provide the following information through
the Board's Internet website:
(i) the
accreditation status or the status regarding authorization or approval under
this subchapter, to the extent known by the Board, of each exempt institution
operating in the state, each postsecondary educational institution or other
person that is regulated under §§
7.7-
7.11
of this chapter or for which a determination is made under §
7.12
of this chapter (relating to Review and Use of Degrees from Institutions Not
Eligible for Certificates of Authority), and any institution offering
fraudulent, substandard, or fictitious degrees, including:
(I) the name of each educational institution
accredited, authorized, or approved to offer or grant degrees in this
state;
(II) the name of each
educational institution whose degrees the Board has determined may not be
legally used in this state;
(III)
the name of each educational institution that the Board has determined to be
operating in this state in violation of this chapter; and
(IV) any other information considered by the
Commissioner to be useful to protect the public from fraudulent, substandard,
or fictitious degrees.
(ii) the Board shall utilize such usual and
customary sources for determining the accreditation status of institutions,
such as: guides to international education; the Board's knowledge of legal
actions taken against institutions, either by an agency of the state of Texas
or agencies of other states or nations; or civil actions against institutions
brought by governmental agencies or individuals.
(D) In determining the legitimacy of
institutions headquartered or operating outside of Texas, the Board may
determine if the state or nation in which the person or institution is
headquartered, operates, or holds legal authorization to operate has standards
and practices that are as rigorous as those of the Board's. A determination
that a particular state or nation's standards or practices are not
appropriately rigorous shall be sufficient reason to disapprove the use of the
degrees of a person or institution.
(b) Institutions Located on Federal Land in
Texas--An institution that is operating on land in Texas over which the federal
government has exclusive jurisdiction:
(1)
shall limit to the confines of the federal land and to the military or civilian
employees and their dependents who work or live on that land:
(A) the recruitment of students;
(B) advertising of the postsecondary
educational institution or its programs or courses; and
(C) providing degree programs or courses
leading to degrees.
(2)
shall be subject to compliance with all rules under this chapter when
recruiting students, advertising the postsecondary institution or its programs
or courses, or providing degree programs or courses leading to degrees on land
over which the federal government does not have exclusive
jurisdiction.
(c)
Associate of Occupational Studies (AOS) Degree- Texas has two career schools or
colleges awarding the AOS degree: Universal Technical Institute and Western
Technical College, and Golf Academy of America. The AOS degree shall be awarded
in only the following fields: automotive mechanics, diesel mechanics,
refrigeration, electronics, and business and golf complex operations and
management. Each of the two Institutions may continue to award the AOS degree
for those fields listed in this subsection and shall be restricted to those
fields. The Board shall not consider new AOS degree programs from any other
career schools or colleges. A career school or college authorized to grant the
AOS degree shall not represent such degree by using the terms "associate" or
"associate's" without including the words "occupational studies." An
institution authorized to grant the AOS degree shall not represent such degree
as being the equivalent of the AAS or AAA degrees.
(d) Offenses--A violation of this subsection
may constitute a violation of the Texas Penal Code, §
32.52,
or Texas Education Code §§ 61.312, 61.313. An offense under
subsection (a)(1) - (5) of this section may be a Class A misdemeanor and an
offense under subsection (a)(6) of this section may be a Class B
misdemeanor.
(e) Administrative
Penalties--If a person or institution violates a provision of this subchapter,
the Commissioner may assess an administrative penalty against the person or
institution as provided in this section.
(f) Notice of Violation--The Commissioner
shall send written notice by certified mail to the person or institution
charged with the violation. The notice shall state the facts on which the
penalty is based, the amount of the penalty assessed, and the right of the
person or institution to request a hearing.
(g) Appeal of Assessment--The Commissioner's
assessment shall become final and binding unless, within forty-five (45) days
of receipt of the notice of assessment, the person or institution invokes the
administrative remedies contained in Chapter 1, Subchapter B of this title
(relating to Dispute Resolution).
(h) Collection of Assessment--If the person
or institution does not pay the amount of the penalty within thirty (30) days
of the date on which the assessment becomes final, the Commissioner may refer
the matter to the attorney general for collection of the penalty, plus court
costs and attorney fees.
(i)
Specific Administrative Penalty--Any person or institution that is neither
exempt nor the holder of a Certificate of Authority to grant degrees, shall be
assessed an administrative penalty of not less than $1,000 or more than $5,000
for, either individually or through an agent or representative:
(1) conferring or offering to confer a
degree;
(2) awarding or offering to
award credits purported to be applicable toward a degree to be awarded by
another person or institution (except under conditions and in a manner
specified and approved by the Board);
(3) representing that any credits offered are
collegiate in nature subject to the provisions of this subchapter;
and
(4) with regard to assessment
of such specific administrative penalties, each degree conferred without
authority, and each person enrolled in a course or courses at the institution
whose decision to enroll was influenced by the misrepresentations, constitutes
a separate offense.
(j)
Other Administrative Penalties--
(1) Any
person or institution that violates subsection (a)(4) of this section shall be
assessed an administrative penalty of not less than $1,000 or more than
$3,000.
(2) Any person or
institution that fails to maintain in a manner specified by the Board in §
7.15 of this chapter (relating to Academic Records Maintenance, Protection, and
Repository of Last Resort) the academic records of enrolled or former students,
including records of credits and degrees awarded, or that fails to protect the
personally identifiable information of enrolled or former students shall be
assessed an administrative penalty of not less than $100 or more than $500 for
each student whose academic record was not maintained or whose personally
identifiable information was not protected.
(k) Specific Administrative Penalties for
Agents--Any agent who solicits students for enrollment in an institution
subject to the provisions of this subchapter without a Certificate of
Registration shall be assessed an administrative penalty of not less than $500
or more than $1,000. Each student solicited without authority constitutes a
separate offense.
(l) Termination
of Operation--Any operations which are found to be in violation of the law
shall be terminated.
(m) Report to
Attorney General--The Commissioner may report possible violations of this
subchapter to the attorney general. The attorney general, after investigation
and consultation with the Board, shall bring suit to enjoin further
violations.
(n) Venue--An action
for an injunction under this section shall be brought in a district court in
Travis County.
(o) Civil
Penalties--A person who violates this subchapter or a rule adopted under this
subchapter is liable for a civil penalty in addition to any injunctive relief
or any other remedy allowed by law. A civil penalty may not exceed $1,000 a day
for each violation.
(p) Civil
Litigation--The attorney general, at the request of the Board, shall bring a
civil action to collect a civil penalty under this section.
(q) Deceptive Trade Practice Act--A person
who violates this subchapter commits a false, misleading, or deceptive act or
practice within the meaning of the Texas Business and Commerce Code, §
17.46.
(r) Applicability of Other Law--A public or
private right or remedy under the Texas Business and Commerce Code, Chapter 17,
may be used to enforce this section.
