1. (a) No more than 50 students may attend a session.
2. (b) A student who misses more than 10% of the required 120 minutes of class instruction shall not be allowed to take the Commission Standard Competence Test and may not be given a Seller Server Certificate based on his attendance at that session.
3. (c) No alcoholic beverage may be consumed by anyone attending or teaching the session, during the session or during breaks.
4. (d) Unless prior approval is received from the commission upon request by the school, each session must be presented in a continuous block of instruction. Instruction may be interrupted by brief breaks, but they must be limited in number and duration. Time spent in a break or taking the Commission Standard Competence Test shall not be included in the 120-minute mandatory curriculum attendance requirement.

5. (e) A school seeking approval to offer a course of instruction on a unit basis rather than as a continuous block of instruction must define what material will be taught in each unit. The units must be offered in the sequence of the mandatory curriculum.

   1. (1) A student must attend all of the units necessary to receive instruction in the 120-minute mandatory curriculum before he is allowed to take the Commission Standard Competence Test.

   2. (2) At the conclusion of a unit, the student must answer five questions on the material in that unit. A student may not receive instruction in the next unit if the student:

      1. (A) answers more than one question incorrectly; or
      2. (B) has not been in attendance for the complete unit.
   3. (3) The questions on a unit test may be short answer, multiple choice, or a combination of those methods.
   4. (4) If a student incorrectly answers more than one question on a unit test, the student must attend and complete that unit again before being retested.
   5. (5) During a unit retest, the student must be asked questions that are different from those he was previously asked.
   6. (6) As long as different questions are asked and the student has attended the unit after each failed test, a school may decide how many times the student may be retested on a unit.
6. (f) The Commission Standard Competence Test shall be administered to each student immediately following the conclusion of instruction at the class he attends. No test may be administered at any other place or time.
7. (g) The Commission Standard Competence Test shall be administered on a closed-book basis.
8. (h) A student must correctly answer at least 70% of the questions asked on the Commission Standard Competence Test administered to him to be eligible to receive a Seller Server Certificate.
9. (i) A student who does not correctly answer 70% of the questions asked may be immediately retested once. If the student does not correctly answer 70% of the questions asked on the retest, the student must repeat the course in full.

Source Note:The provisions of this §50.6 adopted to be effective January 1, 2011, 35 TexReg 7054.