N.Y. Comp. Codes R. & Regs. tit. 8 § 126.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 126.12 - Private school agent's certificate

(a) No person shall receive any form of compensation or remuneration from any representative, agent, employee or officer of a licensed private career school for the purpose of soliciting, procuring, or enrolling students, unless such person is a salaried employee of the school and holds a valid private school agent's certificate. Each agent shall produce his or her agent certificate upon the request of the commissioner, the commissioner's designee, or any prospective student. A school shall submit an application for licensure for an agent on or before the first day of employment of such individual. Upon submission of a complete initial agent application for licensure, the commissioner shall issue a temporary approval certificate within five days of receipt of the application by mail, or on the same day at offices and times designated by the commissioner. Upon receipt of a temporary approval certificate, an applicant may procure, solicit or enroll any student. A temporary approval certificate shall be effective for up to 60 days, as determined by the commissioner, and shall be destroyed by the school upon the issuance or denial of the applicant's three-year certificate. An initial agent application shall mean an application submitted on behalf of an individual having never held an agent's certificate for the submitting school.

(b) Application for a certificate shall be made on forms furnished by the commissioner. It may be made only by the school or schools which the agent is to represent. If an agent represents more than one school, each school must apply for a certificate. If the school employs more than one agent, a separate application must be filed for each agent. The application shall request such information as the commissioner may require, including information about whether the applicant has ever been convicted of a crime or whether criminal charges are now pending. The application must be accompanied by: two full-face photographs which are a good likeness of the applicant and are one inch by one inch in dimension; certification by two persons other than employers or coworkers attesting to the good moral character of the applicant; and a nonrefundable $200 fee payable to the Education Department except that, pursuant to section 5004(4-a), the school director may apply for an agent's certificate without incurring the application fee. In making application for an agent's certificate, the school shall certify that through the medium of sales manuals, bulletins or other similar means, the agent is fully informed as to its courses, services, charges, enrollment conditions and operating policies, including the refund policy. The school must further certify that it assumes full responsibility for the actions, statements and conduct of its agent, acting in its behalf, and that it uses an acceptable plan for the selection, training and supervision of the agent.

(c) Application for the renewal of an agent's certificate shall be filed by mail no later than 30 days before the expiration of the current certificate at an office designated by the commissioner. A renewal application shall mean an application submitted prior to the expiration date of the current certificate. All other applications shall be filed as new applications. Certificates which have been renewed shall be valid for a period of three years from the expiration date of the certificate which has been renewed. It shall be accompanied by a nonrefundable $200 fee payable to the Education Department.

(d) In the event of the dismissal or resignation of an agent, the school shall notify the commissioner in writing within 10 days thereof. The agent's certificate shall be returned with such notification.

(e) Agents shall not identify themselves or be identified as counselors or by other titles which mislead or tend to mislead the prospective student.

(f) No school may procure, solicit or enroll students unless at least one salaried employee of the school is in receipt of an agent's certificate pursuant to this section.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.12