Section 1540-01-02-.20 - REPRESENTATIONS, ADVERTISING, AND SOLICITATIONS(1) Institutions may reference having authorization in advertising, promotional material, and on letterhead stationery using the following language: "(name of institution) is authorized for operation by the Tennessee Higher Education Commission." The entire statement must appear with the same size and type of font used throughout the statement.(2) Entities or individuals that own an authorized institution as well as a related business, for example, truck driver training and trucking company, must maintain clear separation in function and advertising of the business and the institution.(3) The Commission logo may not be used by an institution.(4) Institutions authorized by the Commission that have a website on, advertise through, or offer instruction via the internet must state on the institution's home page or Tennessee specific webpage: "[name of institution] is authorized for operation as a postsecondary educational institution by the Tennessee Higher Education Commission." The entire statement must be used, have the same size font, and type of print. The reference to the "Tennessee Higher Education Commission" must be a hyperlink to www.tn.gov/thec.(5) No statement shall be made that the institution or its courses of instruction have been accredited unless the accreditation is identified and is an accreditor recognized by the U.S. Department of Education.(6) No statement shall be made that the institution or its courses of instruction have been approved by a state or the federal government unless the approval can be substantiated by an appropriate certificate or letter of approval issued by the approving agency of the state or federal government.(7) All advertisements seeking prospective students must include and clearly indicate the full and correct name of the institution, the authorized location city, and, if out-of-state, the authorized location state.(8) Any promotion of the institution must primarily be based on the institution's educational programs, not student aid promotion or the number of jobs available, must not guarantee employment, and must comply with fair consumer practices as described in Rule .19 of these rules.(9) Other than entry level salary data available on a Tennessee or federal government website, no dollar amount will be quoted in any advertisement as representative or indicative of the earning potential of graduates without prior approval by Commission staff.(10) Institutions shall not use images of any kind in such a manner as to convey a false impression as to the location's size, importance, equipment, or facilities.(11) Institutions or representatives shall not make deceptive statements concerning other institutions when attempting to enroll students.(12) Other than referencing the most recent rates calculated by Commission staff, no institution shall use job placement percentages or related statistics except by written permission of Commission staff.(13) If loans are available at the institution, the school may advertise them only with the language "student loans available" in type no larger than that used for the name of the institution. This does not preclude disclosure of the institution's eligibility under the various state and federal loan programs.(14) Promotional materials or agent solicitation practices must not state or infer that programs are available on a free tuition basis unless the tuition and other fee amount reported to Commission staff is zero (0).(15) No statement shall be made by an institution that the programs or courses are transferable to another institution without a current articulation agreement or transfer of credit agreement.(16) Claims must not be vague. For example, "award winning" institution should include the full name of the award in advertisement; specify year of any such attainment, and the source of the award.(17) No institution may publicize, promote or imply an accreditation that is not recognized by the U.S. Department of Education.(18) If an institution represents that it has an educational certification from any entity, other than those given by other Tennessee agencies, the institution must produce at the request of Commission staff proof of such certification.Tenn. Comp. R. & Regs. 1540-01-02-.20
Original rule filed June 24, 1998; effective October 28, 1998. Amendment filed June 6, 2008; declared void and of no effect pursuant to Davidson County Chancery Court's October 2011 order. See also Attorney General's Opinion 11-78. Amendments filed April 1, 2013; to have been effective September 28, 2013. However, a petition for a rulemaking hearing was filed June 26, 2013. The Tennessee Higher Education Commission filed a withdrawal of the rule on July 26, 2013. Emergency rules filed August 15, 2016; effective October 3, 2016 through April 1, 2017. Repeal and new rules filed December 21, 2016; effective March 21, 2017. Amendments filed September 30, 2022; effective 12/29/2022.Authority: T.C.A. §§ 49-7-2005, 49-7-2006, 49-7-2007, 49-7-2008, and 49-7-2013.