Request By:
Mr. Nat Sanders, Chairman
State Board for Proprietary Education
P.O. Box 456
Frankfort, Kentucky 40602
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Suzanne Guss, Assistant Attorney General
You have asked for an opinion of the Office of the Attorney General regarding the legality of solicitation by salespersons for training at computer sales centers. You have stated that a large number of computer stores have become licensed as "proprietary schools" under Chapter 165A and have raised the question whether salespersons not licensed as agents of the Board for Proprietary Education may solicit prospective buyers for additional training.
KRS 165A.330(2) clearly states that "[N]o person shall in any way solicit any person or group of persons in this state to enroll at or attend any such school unless such person holds a valid license as agent of the school for which he is soliciting. " Assuming that a computer store has obtained a license as a "proprietary school" it would appear that any salesperson soliciting others to enroll in or attend a computer course or computer training provided by the store must be licensed as an agent.
We trust this information has satisfactorily answered your inquiry. If you have any additional questions, please contact us.