New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.12 - Private school agent's certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(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.