Section 807.173 - Advertisement Content and Monitoring(a) Advertisement content shall include, and clearly indicate, the full and correct name of the school and its address, including city, as they appear on the certificate of approval.(b) Advertisements shall not include: (1) statements that the school or its programs are accredited unless the accreditation is that of an agency recognized by the United States Department of Education;(2) statements that the school or its courses of instruction have been approved unless the approval can be substantiated by an appropriate certificate of approval issued by an agency of the state or federal government; or(3) representation of the school as an employment agency under the same name, or a confusingly similar name, or at the same location of the school.(c) A school holding a franchise to offer specialized programs or classes not available to other schools shall not advertise such programs in such a manner as to diminish the value and scope of programs offered by other schools not holding such a franchise. Advertising of special classes or programs offered under a franchise shall be limited to the classes or programs offered.(d) A school shall not use endorsements, commendations, or recommendations by students in favor of a school except with the consent of the student and without any offer of financial or other material compensation. Endorsements shall bear the student's legal or professional name. A school may abbreviate the student's name if requested by the student. The school shall maintain a written record of the endorsement, including the full legal name and contact information for the student, associated with any advertisements referenced in this section.(e) A school shall not use a photograph, cut, engraving, illustration or graphic in advertising in such a manner as to: (1) convey a false impression of size, importance, or location of the school, equipment, or facilities associated with the school, or(2) circumvent any of the requirements of this chapter regarding written or oral statements.(f) Every advertisement must clearly indicate that training is being offered, and shall not, either by actual statement, omission, or intimation, imply that prospective employees are being sought.(g) The Agency may order corrective action to counteract the effect of advertising in violation of the Act or this chapter, including: (1) retraction by the school of such advertising claims published in the same manner as the claims themselves;(2) a prohibition against the use of an automatic forwarding message; and(3) submission of all advertisements to the Agency for pre-approval at least 30 days before proposed submission of the advertisements to the advertising medium.40 Tex. Admin. Code § 807.173
The provisions of this §807.173 adopted to be effective August 28, 2006, 31 TexReg 6803; Amended by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7924, eff. 11/28/2022