1. a. No party may, for a consideration or remuneration procure, solicit or enroll any student for instruction in or given by any school within or without the state of New York, unless (i) the party is a salaried employee of the school and (ii) the party shall have secured a private school agent's certificate from the department pursuant to regulations of the commissioner. b. Upon submission of a complete new application for licensure, an applicant may procure, solicit or enroll any student for instruction; provided, however, that such applicant be in possession at all times during the procurement, solicitation or enrollment processes of a temporary approval certificate which the commissioner shall issue within five days of receipt by mail or on the same day at designated offices. A school shall submit such application for licensure on or before the first day of employment of such individual. c. No consideration or remuneration shall be paid in the form of a fee per student enrolled by a private school agent except pursuant to the following limitations:

1. (1) a school may pay twenty-five percent of the consideration or remuneration after the student has completed three weeks of the program;
2. (2) a school may pay the remainder of the consideration or remuneration after the student has completed eight weeks of the program;
3. (3) the total amount of the consideration or remuneration paid per student may not exceed one percent of the annual salary paid to the agent. d. In promulgating regulations in relation to the issuance of such certificates and the conduct of the holders of such certificates, the commissioner shall give consideration to:
4. (1) good moral character of the candidate for such certificate;
5. (2) the use of ethical and fair practices in the presentation of the school's offerings; and
6. (3) whether the prospective agent has within five years of the date of the application violated any provision of this article or the regulations of the commissioner adopted pursuant to this article.