Section 5-A8011. AGENT LICENSES

 

8011.1A licensed accredited, degree granting educational institution in good standing, which operates outside of the District of Columbia, may apply for a representative to hold an agent’s license. 

 

8011.2Grant of an agent’s license by the Commission shall be subject to the following:

 

(a)The institution shall submit an application in such form as the Commission may require;

 

(b)The institution shall certify that the agent is a person of good character, who understands and can present to prospective students complete and accurate information about the institution, its admission and enrollment policies, and its educational programs and offerings;

 

(c)The institution shall obtain and submit to the Commission a criminal background check for each agent application;

 

(d)The postsecondary degree granting educational institution shall pay an application fee required by subsection 8030.3; and

 

(e)The postsecondary degree granting educational institution shall file the agent’s surety bond required by subsection 8011.14.

 

8011.3If an agent represents more than one (1) educational institution, a license must be obtained by each institution that the agent represents.

 

8011.4The Commission may deny an agent’s license if the postsecondary degree granting educational institution or the proposed agent has violated a law or regulation of the District of Columbia or another jurisdiction.  The Commission may also deny an agent’s license if there are complaints against the postsecondary degree granting educational institution which indicate that the institution does not operate in either a sound or ethical manner or there are complaints against the proposed agent that indicate that the proposed agent does not possess the good character required of an agent.

 

8011.5The Commission, upon approval of an application for an agent’s license, shall prepare and deliver to each agent a dated identification card, valid for one (1) year, containing the name and address of the agent and the employing educational institution, certifying that the person whose name appears on the card is an authorized agent of the postsecondary degree granting educational institution.

 

8011.6An agent shall carry the identification card and show it to prospective students upon request.

 

8011.7Each educational institution shall be liable for the acts of its agent(s).

 

8011.8An agent and the postsecondary degree granting educational institution must notify the Commission within forty-eight (48) hours after an agent is convicted of a felony. Whether or not appropriate notice is provided, the agent’s license shall be deemed revoked automatically upon his or her conviction. The Commission may, upon the application of the postsecondary degree granting educational institution, consider reinstatement of the license of an agent convicted of a felony.

 

8011.9An agent’s license does not authorize a postsecondary degree granting educational institution to operate or confer degrees in the District of Columbia.

 

8011.10A postsecondary degree granting educational institution’s representative with an agent’s license may only conduct recruiting and enrollment activities.

 

8011.11No agent may use a title that misrepresents his or her duties and responsibilities.

 

8011.12The Commission may deny or refuse to renew an agent’s license if the representative or institution fails to comply with a law or regulation in the District of Columbia or another jurisdiction.

 

8011.13The Commission shall not issue or review an agent’s license until the postsecondary degree granting educational institution has filed with the Commission a corporate surety bond or other security approved by the Commission.

 

8011.14The agent’s surety bond required by subsection 8011.13 shall be:

 

(a)Payable to the Commission; and

 

(b)In the following amounts:

 

(1)In the amount of three thousand dollars ($3,000), if the surety bond or other security covers a single agent; or

 

(2)In an amount determined by the Commission, but in no case greater than fifty thousand dollars ($50,000), if the postsecondary degree granting educational institution provides a blanket security bond for all of its agents.

 

8011.15The postsecondary degree granting educational institution must file an application for renewal of the agent’s license sixty (60) days before the expiration date of the license. The application must include the applicable fee. The agent’s license shall continue in effect until the Commission takes action on the renewal application.

 

8011.16If an agent’s license expires before a renewal application has been filed, the license shall be void. At the discretion of the Commission, the institution may be required to apply for a new license for its agent as if the agent had never been licensed. A reinstatement application will not be considered in less than six (6) months after the expiration date of the license.

 

authority

The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor’s Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).

source

Final Rulemaking published at 37 DCR 6595, 6608 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2440 (March 18, 2011).

EditorNote

5 DCMR A § 8011 is formerly entitled "Licensing Fees."