§ 5004. Private school agent's certificate. 1. a. No party may, for a\nconsideration or remuneration procure, solicit or enroll any student for\ninstruction in or given by any school within or without the state of New\nYork, unless (i) the party is a salaried employee of the school and (ii)\nthe party shall have secured a private school agent's certificate from\nthe department pursuant to regulations of the commissioner.\n b. Upon submission of a complete new application for licensure, an\napplicant may procure, solicit or enroll any student for instruction;\nprovided, however, that such applicant be in possession at all times\nduring the procurement, solicitation or enrollment processes of a\ntemporary approval certificate which the commissioner shall issue within\nfive days of receipt by mail or on the same day at designated offices. A\nschool shall submit such application for licensure on or before the\nfirst day of employment of such individual.\n c. No consideration or remuneration shall be paid in the form of a fee\nper student enrolled by a private school agent except pursuant to the\nfollowing limitations:\n (1) a school may pay twenty-five percent of the consideration or\nremuneration after the student has completed three weeks of the program;\n (2) a school may pay the remainder of the consideration or\nremuneration after the student has completed eight weeks of the program;\n (3) the total amount of the consideration or remuneration paid per\nstudent may not exceed one percent of the annual salary paid to the\nagent.\n d. In promulgating regulations in relation to the issuance of such\ncertificates and the conduct of the holders of such certificates, the\ncommissioner shall give consideration to:\n (1) good moral character of the candidate for such certificate;\n (2) the use of ethical and fair practices in the presentation of the\nschool's offerings; and\n (3) whether the prospective agent has within five years of the date of\nthe application violated any provision of this article or the\nregulations of the commissioner adopted pursuant to this article.\n 2. Instruction, as contemplated by this section, shall be any plan or\nmethod for teaching any subject or subjects in any form or manner,\nincluding correspondence or home study.\n 3. a. Exempted from the requirements of this section are persons\nacting solely for schools which are not required to be licensed or are\nspecifically exempted from the licensing requirements of this article.\n b. (i) Also exempted from the requirements of this section is an\nonline education marketplace as defined in paragraph c of subdivision\none of section five thousand one of this article, provided that the\nonline education marketplace complies with each of the following:\n (1) An online education marketplace shall not solicit, procure, or\nenroll any student for instruction in a licensed private career school\nor certified ESL school, as defined by the commissioner in regulations.\n (2) Upon receipt of any monies collected by an online education\nmarketplace from a prospective student for payment of tuition and/or\nfees, the prospective student and the licensed private career school or\ncertified ESL school shall execute an enrollment agreement in accordance\nwith regulations of the commissioner. If an enrollment agreement is not\nexecuted, the monies shall be promptly returned to the prospective\nstudent in a timeframe and manner prescribed by the commissioner in\nregulations.\n (3) If an enrollment agreement is executed, the online education\nmarketplace shall forward the monies received from the prospective\nstudent to the licensed private career school or certified ESL school in\na timeframe and manner prescribed by the commissioner in regulations.\n (4) An online education marketplace shall not receive from a student\nan amount greater than the tuition or fees to be charged by the licensed\nprivate career school or certified ESL school to the student, and sha
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