1. (a) The holder of a seller server trainer certificate is qualified to:

   1. (1) apply for a seller server school certificate issued under this chapter; and
   2. (2) be employed by a certified seller server school to teach the mandatory curriculum to individuals seeking a seller server certificate.

2. (b) The holder of a seller server trainer certificate must:

   1. (1) ensure that no more than 50 students attend a session of a classroom-based course of instruction, unless the course is being offered by an internet-based school;
   2. (2) require each student to sign a roster of class attendance before instruction begins;
   3. (3) ensure that each student attends each segment of training;
   4. (4) instruct on all required topics;
   5. (5) administer, monitor, and grade the Commission Standard Competence Test;
   6. (6) document the test results;
   7. (7) complete, sign, and issue seller server certificates to students who pass the test, on the date and location of the session; and

   8. (8) ensure that all students who successfully complete the session and pass the Commission Standard Competence Test are reported to the commission as required by this chapter:

      1. (A) by timely delivering all information, documents, and test results to the seller server school for entry in the commission's database; or
      2. (B) by entering the information in the commission's database.
   9. (9) conduct himself in an ethical, professional, and lawful manner;
   10. (10) provide students with the rules of conduct and requirements of the course, and the consequences of breaking rules or failing to meet the requirements;
   11. (11) remain in the classroom at all times except during breaks;
   12. (12) provide instruction on all topics and subjects included in the mandatory curriculum and maintain a pace that will ensure a high quality of instruction and comprehension by students;
   13. (13) make reasonable use of visual aids and demonstrations but not allow these tools to be a substitute for trainer participation;
   14. (14) avoid the use of language or conduct that would be offensive to a reasonable person;
   15. (15) verify all students' qualifications to receive a certificate, unless the course is being offered by an internet-based school;
   16. (16) provide the required number of minutes of instruction;
   17. (17) issue no more than 50 seller server certificates for a single session;
   18. (18) not issue a seller server certificate or provide instruction on a date when the school's or instructor's certification is expired, suspended or cancelled;
   19. (19) require a student to correctly answer 70% of the questions asked on the Commission Standard Competence Test before issuing a seller server certificate to the student;
   20. (20) not use, disclose, or sell personal or financial information obtained from a student or the commission for a purpose or in a manner not authorized by this chapter;
   21. (21) not falsify, alter or destroy a record required by the commission, regardless of whether there was intent to deceive the commission or another;
   22. (22) not violate any section of this chapter or the standard practices of the commission that, in the opinion of the commission, warrant suspension or cancellation;
   23. (23) not engage in an ongoing course of conduct or activities that undermine the purpose and intent of this chapter;
   24. (24) implement control and security measures to protect personal or financial information obtained from a student or the commission from accidental, intentional, or malicious use or disclosure; or
   25. (25) not counterfeit a certificate issued under this chapter.

3. (c) The commission, after notice and hearing, may suspend or cancel a seller server trainer certificate if the quality of instruction falls below minimum commission standards as determined by the commission through:

   1. (1) direct observation of instruction by commission auditors or agents;
   2. (2) consistent failure of the trainer to impart basic knowledge and understanding to students, as measured by student failures, student violations, or student surveys or reports; or
   3. (3) complaints received from any person.

Source Note:The provisions of this §50.26 adopted to be effective January 1, 2011, 35 TexReg 7054.