6E-2.010. Agents

The following provisions shall apply to persons meeting the statutory definition of “agent” found in Section 1005.02(2), F.S.

(1) No agent shall recruit for an institution required to be licensed under Section 1005.31(1), F.S., unless the institution is so licensed.

(2) It shall be the responsibility of each institution to require a specific training program for its admissions director, who shall supervise and train all agents and admissions staff employed by the institution. The agent training program shall be submitted to the Commission for review, initially and upon changing the program. Institutions that choose to employ a training provider for their training program may, if the program provided by the contractor has been approved by the commission, provide the program without additional approval. Training of agents shall include information to familiarize agents with the Florida Statutes and applicable rules regarding agents, and with the institution’s programs, services, costs, terms of payment, financial aid available for qualified students, refund policy, transferability of credits to other institutions, reasonable employment projections and accurate placement data, status of the institution regarding licensure and accreditation, facts regarding the eligibility of graduates to sit for licensure examinations or fulfill other requirements to practice in Florida the career or profession for which the prospective student wishes to be trained, and other relevant facts. The training program shall reflect the fair consumer practices outlined in Sections 1005.04 and 1005.34, F.S., and Rule 6E-1.0032, F.A.C. The training program shall be updated as necessary to reflect changes in applicable laws, rules, and institutional policies; and all agents and admissions staff shall be provided with updated training as necessary.

(3) Each agent applying for initial licensure with an institution shall file with the Commission the required documentation and the appropriate application fee, as well as a fee for the cost of an investigation of criminal justice information as provided in Section 1005.22(1)(h), F.S., and defined in Section 943.045(3), F.S. Agents applying for renewal of their existing license with an institution shall submit, with the application for renewal, updated information regarding training taken during the preceding year, contact information, required fees, and a certification signed by the director or chief administrative officer of the institution stating that the information provided is true and correct.

(4) Persons seeking licensure as recruiting agents for institutions shall submit the following materials in conjunction with the application fee:

(a) Confirmation by the chief executive officer or president of the institution that the individual has been appointed as a recruiting agent for the institution;

(b) Documentation that the institution is authorized to operate by the appropriate state or other agency of jurisdiction where the main campus, corporate headquarters, and all other operations of the institution are located, if out of state;

(c) A statement of the institution’s status regarding accreditation;

(d) A copy of the institution’s current catalog; and

(e) An affirmation signed by the chief executive officer or president of the institution, stating that the agent has received all required training and that the institution shall be responsible for the correct and accurate representation of the institution by the agent in Florida; and that all printed materials, advertisements, and verbal information disseminated in Florida by the agent regarding the institution shall conform to the applicable requirements of Florida law and rules, including: Chapters 501 and 1005, F.S. and Chapters 6E-1 through 6E-4, F.A.C.

(5) Upon receipt of the required materials and results of the criminal justice information investigation required for new applicants by Section 1005.22(1)(h), F.S., showing that the applicant has not been found in violation of laws or rules governing recruiting practices or other relevant matters, the staff of the Commission shall review the materials and make a recommendation to the Executive Director regarding licensure of the applicant. The staff shall request additional information regarding the applicant or the institution to be represented, if the materials submitted do not contain the information necessary to determine eligibility. If the Executive Director finds that the applicant and the institution to be represented meet the standards set forth in this rule and in Chapter 1005, F.S., the agent’s license shall be issued or extended for one year. A report of agents issued licenses or extensions shall be provided to the Commission on a quarterly basis. If the criminal background investigation reveals relevant convictions or pleas, the application will be denied.

(6) The criteria for nontransferable licensure of a recruiting agent are:

(a) Evidence of appointment by the institution to be a recruiting agent for the institution;

(b) Evidence that the institution to be represented is authorized to operate by the appropriate state or other agency of jurisdiction where the main campus, corporate headquarters, and all other operations of the institution are located, if out of state;

(c) Evidence that the agent has satisfactorily completed an approved training program and has demonstrated competent knowledge and mastery of the content;

(d) Affirmation that the agent has not had an agent's license or similar authorization revoked in Florida or in another state or other jurisdiction, and has not been found in violation of laws or rules governing recruiting practices; and

(e) Affirmation that the agent will represent the institution correctly and accurately and will comply with all applicable laws and rules.

(7) Each agent’s license shall be effective for a period of one year from the date of issuance, and is not transferable to another agent or to another institution to be represented. If an individual recruits students for more than one institution, that individual must receive a separate agent’s license and receive and document separate agent’s training for each institution represented.

(8) Each initial agent’s license shall be issued for a maximum period of one year from the date of issuance. After receiving initial licensure, an agent shall apply annually for licensure by submitting the documentation and fee set forth in this rule.

(9) Each institution employing recruiting agents shall notify the Commission in writing within ten days after the resignation or dismissal of an agent. Agents shall be required to return their agent’s license within 10 days of resignation or dismissal.

(10) An agent’s license is subject to denial, probation, or revocation for cause as set forth in Section 1005.38, F.S. and Rule 6E-2.0061, F.A.C. Grounds shall include violation of applicable Florida law; misrepresentation of the institution, its programs, or other pertinent facts; obtaining an agent’s license by fraudulent misrepresentation, bribery, or through an error of the Commission; failure to follow fair consumer practices; failure to comply with the provisions of Chapter 1005, F.S.; prior revocation or disciplinary action against the agent for violation of these or similar standards; revocation of the represented institution’s license in Florida or of its authorization to operate in the state or other jurisdiction where the main campus, corporate headquarters, and all other operations of the institution are located; or, in the case of an out-of-state institution not licensed by the Commission, any activity by or on behalf of the institution which would be grounds for denial or revocation of its licensure under the provisions of Rule 6E-2.0061, F.A.C., if it were subject to licensure in Florida. A person whose agent’s application has been denied or revoked shall not solicit students, nor shall a person solicit students while his or her agent’s license is under probation.

(11) Revocation of an agent’s license shall lead to an investigation of the licensed institution to determine whether the institution’s license should be placed on probation or revoked for failing to train or supervise its agents adequately, or for allowing or encouraging its agents to violate the provisions of Florida Statutes and rules, if the activities leading to the disciplinary action appear to be related to such circumstances.

(12) All monies collected by an agent from or on behalf of students recruited shall be turned over to the institution represented. All checks received shall be made payable to the institution represented, and receipts for cash shall be given to the student in the name of the institution.

(13) All licensed agents representing an institution shall be called agent, admissions representative, sales representative, or field representative. The terms counselor or advisor, or modifications thereof, shall not be used by agents.

(14) Agents shall not have the authority to accept an applicant for admission on behalf of the institution. If an applicant is determined by the institution not to be eligible for admission, or not to possess the ability to complete the program successfully, all monies paid shall be refunded in accordance with the institution’s refund policy.

(15) An agent shall not offer a bonus or discount to the prospective student, and shall not make statements indicating that the prospective student must make a decision immediately or within a short period of time. No reference shall be made, either verbally or in writing, that other inducements, including but not limited to travel, equipment or textbooks, will be provided free to the prospective student for signing up during a specific period of time or for bringing in other new students.

Rulemaking Authority 1005.31(10) FS. Law Implemented 1005.04, 1005.22(1)(h), 1005.31(10), 1005.33, 1005.38(1), 1005.39 FS. History–New 12-5-74, Formerly 6E-4.01(4), Amended 11-11-75, 2-6-78, Formerly 6E-2.10, 6E-2.11, Amended 5-13-87, 11-27-88, 11-29-89, 12-10-90, 10-19-93, 4-11-00, 4-2-03.