(A) Any individual whose primary duty, on or off school premises, is to solicit prospective students to enroll for a fee at a registered Ohio school, must first obtain an agent's permit from the board. No individual shall sell any program in Ohio or solicit students for any Ohio career school unless the individual, the school, and the program are approved by the board.
(B) All agents must be regular school employees and may not be outside commissioned persons such as solicitors, canvassers, or independent contractors. The school is responsible for assuring that all agents have been issued permits prior to soliciting prospective students.
(C) A school employee whose primary duties do not include soliciting prospective students may assist in the student admissions process without securing an agent permit so long as their actions are in accordance with section 3332-1-17.2 of the administrative code.
(D) Each school shall assume full responsibility for the actions, statements and conduct of its agents unless an agent's acts or omissions were manifestly outside the scope of the agent's employment or official responsibilities.
(E) Schools will provide agents with adequate training and arrange for proper supervision of their work.
(F) Persons seeking agent permits must make application on forms provided by the board. Each application for an agent permit or a renewal may be subject to a non-refundable fee as set forth in the board's fee schedule. Agent permits are processed and approved by the board staff. Any staff recommendation for the denial or revocation of an agent permit will be considered by the board in accordance with section 3332-1-17.1 of the administrative code.
(G) Agents must complete training and continuing education as required by the board.
(H) If an agent represents more than one school, they must obtain a separate permit for each school represented. An agent who represents a person or entity that operates more than one school in the same geographical area, as determined by the board on a case-by-case basis, need not obtain a separate permit for each school.
(I) An agent permit is valid for a maximum of two years from the date it is issued. The permits will be made available to the school in an electronic format.
(J) Agent permits must be renewed at the same time the school is renewing their certificate of registration. The responsibility for renewal of the agent's permit rests with the school.
(K) No permit shall be issued to any person found by the board not to be of good moral character. Any applicant who has pleaded guilty to or has been convicted of a felony or has pleaded guilty or has been convicted of a crime of moral turpitude must file a detailed explanation of the circumstances with the agent application and include three letters of reference from the community. The school planning to employ the applicant must validate all elements of the application and provide evidence of the authenticity of the letters of reference.
(L) The board or the school may require that any agent submit to a background check prior to the issuance of an agent's permit.
(M) If an agent is dismissed by a school for giving prospective students misleading, false or fraudulent information relating to the program of instruction, employment opportunities, scholastic loans, other financial aid and the like, the school must notify the state board within thirty days, in writing, and include a synopsis of the reasons for dismissal. Schools must retain, in their files, full documentation of each dismissal.
(N) When a school's certificate of registration is suspended, revoked, or canceled, all agent's permits issued for that school are immediately suspended, revoked, or canceled.
Five Year Review (FYR) Dates: 10/16/2019 and 02/28/2025
Promulgated Under: 119.03
Statutory Authority: 3332.031
Rule Amplifies: 3332.10, 3332.11
Prior Effective Dates: 04/16/1990 (Emer.), 07/12/1990, 12/01/1990, 07/01/1991, 10/14/1994, 04/17/2000, 01/02/2007, 05/01/2014