Section 1030.70  Maintenance of Approval under the 1945 Act

a)         Most institutions are approved to operate under both the 1945 Act and the 1961 Act. Institutions under only the 1945 Act shall comply with Section 1030.70 . Institutions under only the 1961 Act shall comply with Section 1030.80 . Institutions under both Acts shall comply with both Sections 1030.70 and 1030.80. When the two Sections are identical, the institution will be considered in compliance with the 1945 Act by complying with  Section 1030.80 and vice versa.

b)         The following rules govern maintenance of the Certification of Approval under the 1945 Act:

1)         Annual Report

Each approved institution shall file annually with the Board its current catalogs.

2)         Reviews

The staff of the Board may conduct reviews and/or visitations of approved institutions as necessary for the implementation of the statute and this Part.

3)         Complaints Concerning Institutions

A)        The staff of the Board shall initiate an investigation upon receipt of a verified written complaint and may initiate an investigation in response to oral or written information concerning any of the following:

i)          Alleged violation of any of the conditions governing issuance of the Certificate of Approval;

ii)         Alleged failure to comply with this Part;

iii)         Alleged fraudulent conduct on the part of any person operating the institution or of any person, acting within the scope of his/her employment by the institution, on account of which any student ever enrolled in the institution has been injured or has suffered financial loss.

B)        During the investigation there may be a temporary hold placed on any of the institution's pending applications to the Board.  The hold will be for a specified period of time not to exceed six months, unless the Board begins the process for revocation as provided in subsection (b)(4), at which time the hold will continue until the Board decision is made.

4)         Revocation of the Certificate of Approval

A)        Grounds for revocation include:

i)          Violation of any of the conditions governing issuance of the Certificate of Approval;

ii)         Failure to comply with this Part;

iii)         Fraudulent conduct on the part of any person operating the institution or of any person, acting within the scope of his/her employment by the institution, on account of which any student ever enrolled in the institution has been injured or has suffered financial loss;

iv)        Failure to offer degrees or instruction for one continuous 12-month period;

v)         Abandonment of the institution.   

B)        Procedures for Revocation

i)          Before revoking any certificate to operate, the Board shall designate a Hearing Officer who shall schedule and conduct a hearing, as prescribed in Section 6-9 of the 1945 Act.  The Board shall not be required to schedule a hearing and has the option to waive a hearing if the institution has not operated for one continuous 12-month period or the institution has been abandoned; even in these cases, however, the Board shall be required to revoke the certificate at a public meeting at which any opponent who is injured or impacted by the revocation must be given the opportunity to be heard.

ii)         If the Board decides to grant a rehearing pursuant to Section 10 of the 1945 Act, it shall appoint another Hearing Officer, different from the first, who shall conduct a hearing upon only those grounds for which the rehearing was granted. The second Hearing Officer shall submit a written report of findings and recommendations to the Board, which shall make a final determination.

iii)         Upon revocation of the Certificate to Operate, the Certificate of Approval shall be rendered invalid.

iv)        At any time after revocation of a Certificate of Approval, the Board may restore it to the institution.

v)         A closed institution shall arrange for its student records to be maintained in a safe and suitable place as determined by the Board (such as another like kind of institution or the Board).

(Source:  Amended at 32 Ill. Reg. 49, effective December 23, 2008)