(a) The Commissioner may revoke an institution's certificate of authority, including an alternative certificate of authority, to grant degrees at any time if the Commissioner finds that:
- (1) Any statement contained in an application for the certificate is untrue;
- (2) The institution has failed to maintain the standards of the Board, as described herein, on the basis of which the certificate was granted;
- (3) Advertising or representations made on behalf of the institution is deceptive or misleading; or
- (4) The institution has violated any provision of this subchapter.
(b) The Commissioner may revoke an agent's certificate of registration at any time if the Commissioner finds that:
- (1) Any statement contained in the application is untrue;
- (2) The institution represented has had its certificate of authority revoked;
- (3) The agent has made false, deceptive, or misleading statements while attempting to solicit residents of this state as students; or
- (4) The agent has violated any provision of this subchapter.
- (c) Notice of revocation under subsections (a) and (b) of this section shall be provided to the certificate holder and shall contain information regarding the reasons for the revocation.
(d) Notice of revocation under subsection (b)(1), (3), or (4) of this section shall also be given to the institution that the agent represented or purported to represent. Immediately upon receipt of actual knowledge of the agent's violation, or upon receipt of the Commissioner's notice, whichever is earlier, the institution shall make every effort to:
- (1) divest the agent of the authority and of the apparent authority to represent the institution;
- (2) notify the media through which the agent made the misrepresentations of the actual facts; and
- (3) notify all students whose decision to enroll in the institution was affected by the agent's misrepresentation, of the actual facts.
- (e) A revocation made pursuant to this section shall become final and binding unless, within 45 days of its receipt of the notice of revocation, the institution or agent invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Hearings and Appeals).
Source Note:The provisions of this §7.12 adopted to be effective February 24, 2008, 33 TexReg 1526.