Table of Contents
62.1. Authority
62.10. Definitions
62.20. Certificate of Authority Requirements
62.21. Certificate of Authority Application Process
62.40. Security Requirements
62.60. Responsibilities of the Department
62.70. Responsibilities of the Certificate Holder
62.71. Responsibilities of the Certificate Holder - Consumer Complaints
62.80. Fees - Original Certificate of Authority
62.90. Sanctions - Administrative Sanctions/Penalties
62.91. Sanctions - Revocation, Suspension or Denial because of a Criminal
Conviction
62.1. Authority. (Effective
November 1, 1994, 19 TexReg 6763)
These rules are promulgated under the authority of the Texas Career Counseling Services
Act, Texas Civil Statutes, Article 5221a-8 and the Texas Department of Licensing and
Regulation Act, Texas Civil Statutes, Article 9100.
62.10. Definitions. (Effective
November 1, 1994, 19 TexReg 6763)
The following words and terms, when used in this chapter shall have the following
meanings, unless the context clearly indicates otherwise.
The Act - The Career Counseling Services Act, Texas Civil Statutes, Article
5221a-8.
Arbitration - A legal process in which two or more persons agree to let an
impartial person or panel decide their dispute.
Arbitration organization (qualified) - A business, recognized by the department,
whose credentials (education, training, and experience) indicate it is qualified to
provide arbitration service to the public.
62.20. Certificate of Authority Requirements. (Effective November 1, 1994, 19 TexReg 6763)
(a) Each career counseling service location must have a certificate of authority. A
certificate of authority is not assignable or transferable.
(b) A certificate of authority is valid for one year from the date issued and must be
renewed annually.
(c) A certificate of authority allows a career counseling service to operate for
compensation in the State of Texas.
62.21. Certificate of Authority Application Process. (Effective November 1, 1994, 19 TexReg 6763)
(a) An initial application must contain:
(1) the name, address and telephone number of each operator if different from the
owner;
(2) the street address, county, mailing address and telephone number of the principal
location of the career counseling service;
(3) the name, address and telephone number of each owner;
(4) the assumed name under which the career counseling service is to operate;
(5) a current financial statement prepared by a certified public accountant;
(6) the required bond or assignment of security; and
(7) the required fee.
(b) A renewal application must contain:
(1) any changes in information provided on the initial application or subsequent
renewal applications;
(2) the current department certificate of authority number;
(3) a current financial statement prepared by a certified public accountant; and
(4) the appropriate renewal fee.
(c) Both initial and renewal applications shall include a statement indicating the
owner has read and is familiar with the provisions of the Act and these rules.
(d) Before a certificate of authority can be issued or renewed for anyone using an
assumed name they must have first complied with the Assumed Business or Professional Name
Act, Chapter 36, Texas Business and Commerce Code. If the career counseling service is
incorporated, compliance with Section 2.05 of the Texas Business Corporation Act is also
required. Proof of the career counseling service's compliance with the statutes cited is
required on the application.
(e) If the applicant is a corporation, both initial and renewal applications shall
include a certification that the corporation is in good standing with the State
Comptroller's Office and the Secretary of State's Office.
(f) No initial or renewal certificate of authority application will be considered filed
until the department has received the written application form, a current financial
statement prepared by a certified public accountant, bond or assignment of security, and
all applicable fees.
(g) If a career counseling service certificate of authority is not renewed before it
expires, it may be renewed by submitting a renewal application, payment of the renewal fee
and late fee. This submittal must be postmarked before midnight of the 30th day following
the certificate expiration date.
62.40. Security Requirements. (Effective November 1, 1994, 19 TexReg 6763)
(a) Before a certificate of authority is issued, the owner must obtain and file with
the department a surety bond on a form provided by the department and payable to the State
of Texas.
(b) The bond shall be continuous and shall provide for the issuing company to give the
department 30 days written notice prior to cancellation.
(c) An owner may deposit a cash performance alternative of $10,000 for each business
location in lieu of the bond. The cash performance alternative shall be an irrevocable
assignment of security issued by a national or state bank, or savings and loan
association, subject to the express approval of the commissioner. Forms for filing an
assignment of security shall be provided by the department upon request.
(d) The surety bond or assignment of security shall be maintained in full during the
entire time the certificate of authority is in effect.
62.60. Responsibilities of the Department. (Effective November 1, 1994, 19 TexReg 6763)
(a) All career counseling services holding a certificate of authority shall receive
notice from the department regarding renewal no later than 60 days prior to the expiration
of their current certificate of authority.
(b) The department shall issue a certificate of authority to applicants who comply with
all provisions of the Act and department rules.
(c) The department shall recognize, in writing, a qualified arbitration organization.
62.70. Responsibilities of the Certificate Holder. (Effective November 1, 1994, 19 TexReg 6763)
(a) Each career counseling service owner must notify the department of any changes in
information regarding the location or ownership of the career counseling service. The
notification must be received by the department no later than 30 days after the change
occurs.
(b) If any of the information that appears on the face of the career counseling
service's certificate of authority changes, the career counseling service must obtain a
duplicate certificate of authority showing the correct information.
(c) Each career counseling service must display a notice in the main office of the
service that states the name, mailing address, and telephone number of the department
andindicates that a complaint may be referred to the department. In addition, a rubber
stamp or sticker may be used to convey the information on:
(1) a sign prominently displayed in each place of business;
(2) any written contract for services; or
(3) any bill for services.
62.71. Responsibilities of the Certificate Holder - Consumer
Complaints. (Effective November 1, 1994, 19 TexReg
6763)
(a) The career counseling service is to maintain records of each written complaint,
such records shall note:
(1) date and time written complaint received;
(2) date, time, and method of response (within 48 clock hours);
(3) written documentation of complaint and resolution facts;
(4) date complaint resolved or date client selects arbitration;
(5) arbitrator's determinations and recommended settlement; and
(6) date resolved.
(b) The career counseling service is responsible for payment of the arbitrator's
service fee.
62.80. Fees - Original Certificate of Authority. (Effective November 1, 1994, 19 TexReg 6763; amended effective
October 1, 1995, 20 TexReg 7278; amended effective February 25, 1999, 23 TexReg 13058)
(a) The fee for an initial certificate of authority is $650.
(b) The annual fee for a renewal is $650.
(c) A late fee of $50 will be charged if the completed renewal application is received
after expiration of the current certificate but is postmarked before midnight on the 30th
day after the certificate expired.
(d) A $50 fee will be charged for issuing a duplicate certificate of authority.
62.90. Sanctions - Administrative Sanctions/Penalties. (Effective November 1, 1994, 19 TexReg 6763)
If a person violates the Act, or a rule or order adopted or issued by the commissioner
relating to the Act, the commissioner may institute proceedings to impose administrative
sanctions and/or recommend administrative penalties in accordance with Texas Civil Statutes, Article 9100, and Chapter 60
of this title (relating to Texas Commission of Licensing and Regulation).
62.91. Sanctions - Revocation, Suspension or Denial because of a
Criminal Conviction. (Effective November 1, 1994,
19 TexReg 6763)
Pursuant to Texas Civil Statutes, Article 6252-13c, the commissioner, after a hearing,
may suspend, revoke, or deny an existing certificate of authority, or disqualify a person
from receiving a certificate of authority, because that person has a felony or misdemeanor
conviction that directly relates to the duties and responsibilities involved with the
certificate of authority. The commissioner may also, after hearing, suspend, revoke, or
deny a certificate of authority because of a person's felony probation revocation, parole
revocation, or revocation of mandatory supervision.
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