Rep. Linda Chapa LaVia

Filed: 10/20/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1795

2    AMENDMENT NO. ______. Amend Senate Bill 1795 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Private Business and Vocational Schools Act of 2012.
 
6    Section 5. Purpose. It is the purpose of this Act to
7provide for the protection, education, and welfare of the
8citizens of the this State; to provide for the education,
9protection, and welfare of the students of its private business
10and vocational schools; and to facilitate and promote quality
11education and responsible, ethical, business practices in each
12of the private business and vocational schools enrolling
13students in this State.
 
14    Section 10. Validity of certificates under the Private
15Business and Vocational Schools Act. Certificates of approval

 

 

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1granted by the State Board of Education under the Private
2Business and Vocational Schools Act, which is repealed by this
3Act, shall remain valid through June 30, 2012.
 
4    Section 15. Definitions. As used in this Act, unless the
5context otherwise requires:
6    "Board" means the Board of Higher Education established
7under the Board of Higher Education Act.
8    "Certificate of completion" or "certificate" means any
9designation, appellation, series of letters or words, or other
10symbol that signifies or purports to signify that the recipient
11thereof has satisfactorily completed a private business and
12vocational school's program of study that is beyond the
13secondary school level, but not a post-secondary degree program
14at the associate, baccalaureate, master's, doctoral, or
15post-baccalaureate, professional degree level.
16    "Chief managing employee" is the individual who is the head
17administrator or supervisor at a school's principal location.
18    "Educational institution" or "institution" means an
19organization that promotes business and vocational education,
20even though the institution's principal effort may not be
21exclusively educational in nature.
22    "Enrollment agreement" means any agreement or instrument,
23however named, that creates or evidences an obligation binding
24a student to purchase a program of study from a school.
25    "Non-degree program of study" or "program of study" means

 

 

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1any designation, appellation, series of letters or words, or
2other symbol that signifies or purports to signify that the
3recipient has satisfactorily completed an organized academic
4program of study beyond the secondary school level, such as a
5certificate, but below the associate's degree level and that
6does not include any recognized degree program such as an
7associate's, baccalaureate, master's, or doctoral degree, a
8post-baccalaureate, professional degree, or a post-degree
9certificate, such as a post-baccalaureate certificate,
10post-master's certificate, or post-doctoral certificate.
11"Program of study" as used in this definition means any
12academic program beyond the secondary school level, except for
13a program that is devoted entirely to religion or theology, a
14program offered by an institution operating under the authority
15of the Private College Act, the Academic Degree Act, or the
16Board of Higher Education Act, or a program of study of less
17than one year in length operating under the statutory authority
18granted to the Department of Financial and Professional
19Regulation.
20    "Permit of approval" means a non-transferable permit,
21issued by and pursuant to the authority of the Board of Higher
22Education through its Division of Private Business and
23Vocational Schools to a private business and vocational school
24in the name of the school, that authorizes the school to
25solicit students and to offer and maintain one or more courses
26of instruction in compliance with the provisions of this Act

 

 

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1and such standards and rules as may be adopted by the Board.
2    "Private business and vocational school" or "school" means
3an educational institution privately owned or operated by a
4person, partnership, corporation, or other entity offering
5courses of instruction for which tuition is charged, whether
6such courses of instruction are offered on site, through
7correspondence, by distance education, or by other methods, to
8prepare individuals to do any of the following:
9        (1) To follow a trade or artistic occupation.
10        (2) To pursue a manual, mechanical, technical,
11    industrial, business, commercial, office, personal service
12    (other than nursing), or other non-professional
13    occupation.
14        (3) To follow a profession, if the profession is not
15    subject to licensing or registration under any existing
16    State statute requiring the licensing or registration of
17    persons practicing such profession or if the school is not
18    subject to the regulation of the agency with such licensing
19    or registration authority.
20        (4) To improve, enhance, or add to the skills and
21    abilities of the individual relative to occupational
22    responsibilities or career opportunities.
 
23    Section 20. Permit of approval. No person or group of
24persons subject to this Act may establish and operate or be
25permitted to become incorporated for the purpose of operating a

 

 

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1private business and vocational school without obtaining from
2the Board a permit of approval, provided that a permit of
3approval is not required for a program that is devoted entirely
4to religion or theology or a program offered by an institution
5operating under the authority of the Private College Act, the
6Academic Degree Act, or the Board of Higher Education Act.
7Application for a permit must be made to the Board upon forms
8furnished by it. Permits of approval are not transferable.
9Whenever a change of ownership of a school occurs, an
10application for a permit of approval for the school under the
11changed ownership must immediately be filed with the Board.
12Whenever an owner, partnership, or corporation operates a
13school at different locations, an application for a permit of
14approval must be filed for each location. A school must have
15approval prior to operating at a location and must make
16application to the Board for any change of location and for a
17classroom extension at a new or changed location. Each
18application required to be filed in accordance with the
19provisions of this Section must be accompanied by the required
20fee under the provisions of Sections 75 and 85 of this Act, and
21all such applications must be made on forms prepared and
22furnished by the Board. The permit of approval must be
23prominently displayed at some place on the premises of the
24school at each school location open to the inspection of all
25interested persons. The Board shall maintain, open to public
26inspection, a list of schools, their classroom extensions, and

 

 

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1their courses of instruction approved under this Act and may
2annually publish such a list. Issuance of the permit of
3approval by the Board does not denote that the school or any
4program offered by the school is recommended, guaranteed, or
5endorsed by the Board or that the Board is responsible for the
6quality of the school or its programs, and no school may
7communicate this to be the case. No guarantee of employability
8of school graduates is made by the Board in its approval of
9programs or schools, and no school may communicate such
10information.
 
11    Section 25. Award of certificates.
12    (a) A certificate may be awarded only by a private business
13and vocational school approved by the Board to award such a
14certificate or by an institution approved by the Board under
15the authority of the Private College Act, the Academic Degree
16Act, or the Board of Higher Education Act. No private business
17and vocational school shall be authorized to award a
18certificate or be approved as a certificate-granting
19institution unless it provides documentation to the Board that
20it satisfies the criteria for approval. The documentation
21provided must be under oath or affirmation of the principal
22officer of the private business and vocational school and shall
23contain the name and address of the institution, the names and
24addresses of the president or other administrative head and of
25each member of the board of trustees or other governing board,

 

 

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1a description of the certificates to be awarded and the course
2or courses of instruction prerequisite thereto, and such
3additional information relevant to the purposes of this Act as
4the Board may prescribe. Any amendment to the documentation
5must be under oath or affirmation of the principal officer of
6the institution and must be filed with the Board prior to the
7award of any certificate.
8    (b) A certificate-granting institution shall keep the
9documentation that it shall have filed with the Board current
10at all times. For this purpose, it shall report annually, by
11appropriate amendment of the notice, any change in a fact
12previously reported.
13    The Board may not approve any documentation or amendment to
14the documentation filed pursuant to this Section unless it
15finds the facts stated therein to be correct and further finds
16that such facts constitute compliance with the requirements of
17this Act for institutions.
18    Failure to provide such documentation is grounds for
19revocation of the permit of approval.
 
20    Section 30. Exemptions. For purposes of this Act, the
21following shall not be considered to be a private business and
22vocational school:
23        (1) Any institution devoted entirely to the teaching of
24    religion or theology.
25        (2) Any in-service program of study and subject offered

 

 

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1    by an employer, provided that no tuition is charged and the
2    instruction is offered only to employees of the employer.
3        (3) Any educational institution that (A) enrolls a
4    majority of its students in degree programs and has
5    maintained an accredited status with a regional
6    accrediting agency that is recognized by the U.S.
7    Department of Education or (B) enrolls students in one or
8    more bachelor-level programs, enrolls a majority of its
9    students in degree programs, and is accredited by a
10    national or regional accrediting agency that is recognized
11    by the U.S. Department of Education or that (i) is
12    regulated by the Board under the Private College Act or the
13    Academic Degree Act or is exempt from such regulation under
14    either the Private College Act or the Academic Degree Act
15    solely for the reason that the educational institution was
16    in operation on the effective date of either the Private
17    College Act or the Academic Degree Act or (ii) is regulated
18    by the State Board of Education.
19        (4) Any institution and the franchisees of that
20    institution that exclusively offer a program of study in
21    income tax theory or return preparation at a total contract
22    price of no more than $400, provided that the total annual
23    enrollment of the institution for all such courses of
24    instruction exceeds 500 students and further provided that
25    the total contract price for all instruction offered to a
26    student in any one calendar year does not exceed $3,000.

 

 

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1        (5) Any person or organization selling mediated
2    instruction products through a media, such as tapes,
3    compact discs, digital video discs, or similar media, so
4    long as the instruction is not intended to result in the
5    acquisition of training for a specific employment field, is
6    not intended to meet a qualification for licensure or
7    certification in an employment field, or is not intended to
8    provide credit that can be applied toward a certificate or
9    degree program.
10        (6) Schools with no physical presence in this State.
11    Schools offering instruction or programs of study, but that
12    have no physical presence in this State, are not required
13    to receive Board approval. Such an institution must not be
14    considered not to have a physical presence in this State
15    unless it has received a written finding from the Board
16    that it has a limited physical presence. In determining
17    whether an institution has no physical presence, the Board
18    shall require all of the following:
19            (A) Evidence of authorization to operate in at
20        least one other state and that the school is in good
21        standing with that state's authorizing agency.
22            (B) Evidence that the school has a means of
23        receiving and addressing student complaints in
24        compliance with any federal or state requirements.
25            (C) Evidence that the institution is providing no
26        instruction in this State.

 

 

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1            (D) Evidence that the institution is not providing
2        core academic support services, including, but not
3        limited to, admissions, evaluation, assessment,
4        registration, financial aid, academic scheduling, and
5        faculty hiring and support in this State.
 
6    Section 35. Institution and program approval criteria.
7Each entity seeking a permit of approval is required to
8demonstrate that it satisfies institution-approval criteria
9and that each program of study offered meets the
10program-approval criteria in this Act and any applicable rules.
11The following standard criteria are intended to measure the
12appropriateness of the stated educational objectives of the
13educational programs of a given institution and the extent to
14which suitable and proper processes have been developed for
15meeting those objectives. Information related to the
16satisfaction of the approval criteria outlined in this Section
17must be supplied to the Board by institutions on forms provided
18by the Board. Additional information may be requested by the
19Board to determine the institution's ability to satisfy the
20criteria. The following must be considered as part of, but not
21necessarily all of, the criteria for approval of institutions
22and the programs offered under this Act:
23        (1) Qualifications of governing board members, owners,
24    and senior administrators. At a minimum, these individuals
25    must be of good moral character and have no felony criminal

 

 

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1    record.
2        (2) Qualifications of faculty and staff.
3        (3) Demonstration of student learning and quality of
4    program delivery.
5        (4) Sufficiency of institutional finances.
6        (5) Accuracy, clarity, and appropriateness of program
7    descriptions. Institutional promotional, advertising, and
8    recruiting materials must be clear, appropriate, and
9    accurate.
10        (6) Sufficiency of facilities and equipment. At a
11    minimum, these must be appropriate and must meet applicable
12    safety code requirements and ordinances.
13        (7) Fair and equitable refund policies. At a minimum,
14    these must be fair and equitable, must satisfy any related
15    State or federal rules, and must abide by the standards
16    established in Section 60 of this Act and the rules adopted
17    for the implementation of this Act.
18        (8) Appropriate and ethical admissions and recruitment
19    practices. At a minimum, recruiting practices must be
20    ethical and abide by any State or federal rules.
21        (9) Recognized accreditation status. Accreditation
22    with an accrediting body approved by the U.S. Department of
23    Education may be counted as significant evidence of the
24    institution's ability to meet curricular approval
25    criteria.
26        (10) Meeting employment requirements in the field of

 

 

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1    study. The institution must clearly demonstrate how a
2    student's completion of the program of study satisfies
3    employment requirements in the occupational field. Such
4    information must be clearly and accurately provided to
5    students. If licensure, certification, or their equivalent
6    is required of program graduates to enter the field of
7    employment, the institution must clearly demonstrate that
8    completion of the program will allow students to achieve
9    this status.
10        (11) Enrollment agreements that, at a minimum, meet the
11    requirements outlined in Section 40 of this Act.
12        (12) Clearly communicated tuition and fee charges.
13    Tuition and fees and any other expense charged by the
14    school must be appropriate to the expected income that will
15    be earned by graduates. No school may have a tuition policy
16    or enrollment agreement that requires that a student
17    register for more than a single semester, quarter, term, or
18    other such period of enrollment as a condition of the
19    enrollment nor shall any school charge a student for
20    multiple periods of enrollment prior to completion of the
21    single semester, quarter, term, or other such period of
22    enrollment.
23        (13) Legal action against the institution, its parent
24    company, its owners, its governing board, or its board
25    members. Any such legal action must be provided to the
26    Board and may be considered as a reason for denial or

 

 

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1    revocation of the permit of approval.
 
2    Section 37. Disclosures. All schools shall make, at a
3minimum, the disclosures required under this Section clearly
4and conspicuously on their Internet websites. The disclosure
5shall consist of a statement containing the following
6information for the most recent 12-month reporting period of
7July 1 through June 30:
8        (1) The number of students who were admitted in the
9    course of instruction as of July 1 of that reporting
10    period.
11        (2) Additions during the year due to:
12            (A) new starts;
13            (B) re-enrollments; and
14            (C) transfers into the course of instruction from
15        other courses of instruction at the school.
16        (3) The total number of students admitted during the
17    reporting period (the number of students reported under
18    paragraph (1) of this Section plus the additions reported
19    under subparagraphs (A), (B), and (C) of paragraph (2) of
20    this Section.
21        (4) Of the total course of instruction enrollment, the
22    number of students who:
23            (A) transferred out of the course of instruction to
24        another course of instruction;
25            (B) completed or graduated from a course of

 

 

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1        instruction;
2            (C) withdrew from the school;
3            (D) are still enrolled.
4        (5) The number of students listed in paragraph (4) of
5    this Section who:
6            (A) were placed in their field of study;
7            (B) were placed in a related field;
8            (C) placed out of the field;
9            (D) were not available for placement due to
10        personal reasons;
11            (E) were not employed.
12        (6) The number of students who took a State licensing
13    examination or professional certification examination, if
14    any, during the reporting period, as well as the number who
15    passed.
16        (7) The number of graduates who obtained employment in
17    the field who did not use the school's placement assistance
18    during the reporting period; such information may be
19    compiled by reasonable efforts of the school to contact
20    graduates by written correspondence.
21        (8) The average starting salary for all school
22    graduates employed during the reporting period; such
23    information may be compiled by reasonable efforts of the
24    school to contact graduates by written correspondence.
25        (9) The following clear and conspicuous caption, set
26    forth with the address and telephone number of the Board's

 

 

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1    office:
2            "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED
3        WITH THE BOARD OF HIGHER EDUCATION.".
4    An alphabetical list of names, addresses, and dates of
5admission by course or course of instruction and a sample copy
6of the enrollment agreement employed to enroll the students
7listed shall be filed with the Board's Executive Director on an
8annual basis. The list shall be signed and verified by the
9school's chief managing employee.
 
10    Section 40. Enrollment agreements. A copy of the enrollment
11agreement must be provided to the Board. Enrollment agreements
12may be used by schools only if approved by the Board. The Board
13shall develop a standard enrollment agreement for use by
14schools approved or seeking approval under this Act. Schools
15may create an enrollment agreement that meets the minimum
16requirements of this Section, but it must be approved by the
17Board prior to implementation. The student must be given a copy
18of the enrollment agreement at the time the student signs that
19agreement and at the time of the agreement's acceptance, if
20those events occur at different times. The school shall retain
21a signed copy of the fully executed enrollment agreement as a
22part of the student's permanent record. No school may enter
23into an enrollment agreement wherein the student waives the
24right to assert against the school or any assignee any claim or
25defense he or she may have against the school arising under the

 

 

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1agreement. Any provisions in an enrollment agreement wherein
2the student agrees to such a waiver shall be rendered void.
3Enrollment agreements shall include, at a minimum, a clear
4descriptions of costs, refund policies, program information,
5all disclosures required by this Act, the Board's Internet
6website, the address and phone number of the Board for students
7to report complaints, and any additional information the Board
8may require by rule.
 
9    Section 45. Board approval. Each school approved by the
10Board under this Act is responsible for the content of any
11program offered. Issuance of the permit of approval does not
12denote that the school or any program offered by the school is
13recommended, guaranteed, or endorsed by the Board. Schools may
14not advertise or communicate to students or the public in any
15way that indicates endorsement of the school or any program by
16the Board.
 
17    Section 50. Requirements for approved institutions. Each
18school and each of the non-degree programs of study offered by
19the school shall be approved for 5 years, subject to the terms
20and conditions of approval, including without limitation the
21submission of required reporting and the payment of required
22charges and fees under the provisions of Section 75 of this
23Act, and compliance with any other requirements in this Act or
24supporting rules. Failure to so comply at any time during the 5

 

 

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1years is grounds for immediate revocation of the permit of
2approval. Information requested by the Board must be submitted
3annually or, in special circumstances, at the request of the
4Board. Failure to do so is grounds for immediate revocation of
5the permit of approval. Each non-degree program of study must
6be approved by the Board as well. Regardless of when the
7program was approved, all programs of study must be approved
8again with the institutional approval at the end of the 5-year
9approval period or in conjunction with an earlier review if so
10required under this Act or the administrative rules adopted in
11support of this Act. The Board's Executive Director has the
12authority to order any school subject to this Act to cease and
13desist operations if the school is found to have acted contrary
14to the standards set forth in this Act or the supporting
15administrative rules.
 
16    Section 55. Maintenance of approval. Institutions covered
17under this Act must meet the following requirements to receive
18and maintain approval:
19        (1) Provide a surety bond. A continuous surety company
20    bond, written by a company authorized to do business in
21    this State, for the protection of contractual rights,
22    including faithful performance of all contracts and
23    agreements for students and their parents, guardians, or
24    sponsors. The Board shall establish the bond amount by
25    rule. The amount of the bond must be sufficient to provide

 

 

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1    for the repayment of full tuition to all students enrolled
2    at the institution in the event of closure of the
3    institution. Evidence of the continuation of the bond most
4    be filed annually with the Board. The surety bond must be a
5    written agreement that provides for monetary compensation
6    in the event that the school fails to fulfill its
7    obligations to its students and their parents, guardians,
8    or sponsors. The surety bonding company shall guarantee the
9    return to students and their parents, guardians, or
10    sponsors of all prepaid, unearned tuition in the event of
11    school closure. A condition of the bond shall be that the
12    bond agent shall notify the Board in the event the bond is
13    no longer in effect.
14        (2) Provide to the Board and each student the school's
15    policy for addressing student complaints. Included in this
16    process, the school must provide in its promotional
17    materials and on its Internet website the Board's address
18    and Internet website for reporting complaints.
19        (3) Provide on the institution's Internet website and
20    in promotional materials and enrollment agreements the
21    Internet website, address, and phone number of the Board
22    for students to report complaints.
23        (4) Provide evidence of liability insurance, in such
24    form and amount as the Board shall from time to time
25    prescribe pursuant to rules adopted under this Act, to
26    protect students and employees at the school's places of

 

 

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1    business and at all classroom extensions, including any
2    work-experience locations.
3        (5) Provide data as requested by the Board to support
4    the satisfaction of the requirements of this Act or to
5    provide vocational and technical educational data for the
6    longitudinal data system created under the P-20
7    Longitudinal Education Data System Act.
8        (6) Pay required fees as described under the provisions
9    of Section 75 of this Act by prescribed deadlines.
10        (7) With respect to advertising programs of study, all
11    of the following apply:
12            (A) A school may state that it is approved to offer
13        a program of study or authorized to award a certificate
14        in this State only after that approval has been
15        officially granted and received in writing from the
16        Board.
17            (B) A school shall not advertise or state in any
18        manner that it is accredited by the Board to award
19        degrees or certificates.
20            (C) No school may publish or otherwise communicate
21        to prospective students, faculty, staff, or the public
22        misleading or erroneous information about the
23        certificate or degree-granting status of a given
24        institution.
25            (D) All advertisements or solicitations by
26        approved schools shall only reference the Board's

 

 

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1        approval by stating that the school is approved by the
2        "Division of Private Business and Vocational Schools".
3            (E) All advertisements or solicitations by
4        approved schools shall contain the school's official
5        Internet website address.
6        (8) Permit the Board's Executive Director or his or her
7    designees to inspect the school or classes thereof from
8    time to time with or without notice and to make available
9    to the Board's Executive Director or his or her designees,
10    at any time when required to do so, information, including
11    financial information, pertaining to the activities of the
12    school required for the administration of this Act and the
13    standards and rules adopted under this Act.
14        (9) Maintain satisfactory student retention and
15    graduation rates and State licensing examination or
16    professional certification examination passage rates.
17    Student retention and graduation rates must be maintained
18    that are appropriate to standards in the field. A State
19    licensing examination or professional certification
20    examination passage rate of at least 50% of the average
21    passage rate for schools within the industry for any State
22    licensing examination or professional certification
23    examination must be maintained. In the event that the
24    school fails to do so, then that school shall be placed on
25    probation for one year. If that school's passage rate in
26    its next reporting period does not exceed 50% of the

 

 

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1    average passage rate of that class of school as a whole,
2    then the Board shall revoke the school's approval for that
3    program to operate in this State. In addition, this shall
4    be grounds for reviewing the institution's approval to
5    operate. The Board shall develop, by rule, a procedure to
6    ensure the veracity of the information required under this
7    Section.
8        (10) Not enter into an enrollment agreement wherein the
9    student waives the right to assert against the school or
10    any assignee any claim or defense he or she may have
11    against the school arising under the agreement. Any
12    provisions in an enrollment agreement wherein the student
13    agrees to such a waiver shall be rendered void.
14        (11) Not have a tuition policy or enrollment agreement
15    that requires that a student register for more than a
16    single semester, quarter, term, or other such period of
17    enrollment as a condition of the enrollment nor charge a
18    student for multiple periods of enrollment prior to
19    completion of a single semester, quarter, term, or other
20    such period of enrollment.
21        (12) Provide the Board with a copy of any notice of
22    warning or suspension or revocation received from an
23    accrediting agency or State or federal oversight body
24    within 15 days after receipt of the notice. The school
25    shall, at the same time, inform the Board, in writing, on
26    actions being taken to correct all deficiencies cited.

 

 

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1        (13) Maintain a fair and equitable refund policy and
2    abide by it. Such a policy shall abide by any State or
3    federal rules as appropriate. The same policy shall apply
4    to all students equally.
5        (14) Act in an ethical manner.
 
6    Section 60. Refund policy. The Board shall establish
7minimum standards for a fair and equitable refund policy that
8must be applied by all institutions subject to this Act. The
9same refund policy must be applied to all students even if they
10are not eligible for federal financial aid. Schools that are
11accredited by an accrediting body recognized by the U.S.
12Department of Education and approved to participate in offering
13Federal Title IV student financial aid may apply the required
14federal refund policy as long as the same policy is applied to
15all students even if they are not eligible for federal
16financial aid.
 
17    Section 65. Prohibition against advertising a school or
18soliciting students without Board authorization. Prior to the
19issuance of a permit of approval by the Board, no person or
20organization shall advertise a school or any program of study
21or solicit prospective students unless the person or
22organization has applied for and received from the Board
23authorization to conduct such activity. If the Board has
24authorized such activity, all advertisements or solicitations

 

 

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1must reference the Board's approval by stating that the school
2is approved by the "Division of Private Business and Vocational
3Schools of the Illinois Board of Higher Education".
 
4    Section 70. Closing of a school.
5    (a) In the event a school proposes to discontinue its
6operations, the chief administrative officer of the school
7shall cause to be filed with the Board the original or legible
8true copies of all such academic records of the institution as
9may be specified by the Board.
10    (b) These records shall include, at a minimum, the academic
11records of each former student that is traditionally provided
12on an academic transcript, such as, but not limited to, courses
13taken, terms, grades, and other such information.
14    (c) In the event it appears to the Board that any such
15records of an institution discontinuing its operations is in
16danger of being lost, hidden, destroyed, or otherwise made
17unavailable to the Board, the Board may seize and take
18possession of the records, on its own motion and without order
19of court.
20    (d) The Board shall maintain or cause to be maintained a
21permanent file of such records coming into its possession.
22    (e) As an alternative to the deposit of such records with
23the Board, the institution may propose to the Board a plan for
24permanent retention of the records. The plan must be put into
25effect only with the approval of the Board.

 

 

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1    (f) When a postsecondary educational institution now or
2hereafter operating in this State proposes to discontinue its
3operation, such institution shall cause to be created a
4teach-out plan acceptable to the Board, which shall fulfill the
5school's educational obligations to its students. Should the
6school fail to deliver or act on the teach-out plan, the Board
7is in no way responsible for providing the teach-out.
8    (g) The school and its designated surety bonding company
9are responsible for the return to students of all prepaid,
10unearned tuition. As identified in Section 55 of this Act, the
11surety bond must be a written agreement that provides for
12monetary compensation in the event that the school fails to
13fulfill its obligations. The surety bonding company shall
14guarantee the return to the school's students and their
15parents, guardians, or sponsors of all prepaid, unearned
16tuition in the event of school closure. Should the school or
17its surety bonding company fail to deliver or act to fulfill
18the obligation, the Board is in no way responsible for the
19repayment or any related damages or claims.
 
20    Section 75. Application and renewal fees. Fees for
21application and renewal may be set by the Board by rule. Fees
22shall be collected for all of the following:
23        (1) An original school application for a certificate of
24    approval.
25        (2) An initial school application for a certificate of

 

 

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1    approval upon occurrence of a change of ownership.
2        (3) An annual school application for renewal of a
3    certificate of approval.
4        (4) A school application for a change of location.
5        (5) A school application for a classroom extension.
6        (6) If an applicant school that has not remedied all
7    deficiencies cited by the Board within 12 months after the
8    date of its original application for a certificate of
9    approval, an additional original application fee for the
10    continued cost of investigation of its application.
11        (7) Transcript processing.
 
12    Section 80. Private Business and Vocational Schools
13Quality Assurance Fund. The Private Business and Vocational
14Schools Quality Assurance Fund is created as a special fund in
15the State treasury. All fees collected for the administration
16and enforcement of this Act must be deposited into this Fund.
17All money in the Fund must be used, subject to appropriation,
18by the Board to supplement support for the administration and
19enforcement of this Act and must not be used for any other
20purpose.
 
21    Section 85. Violations under the Act.
22    (a) The Board's Executive Director has the authority to
23order any school subject to this Act to cease and desist
24operations if the school is found to have acted contrary to the

 

 

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1standards set forth in this Act or supporting rules.
2    (b) The Board's Executive Director shall, before refusing
3to issue or renew, and before revocation of any certificate or
4permit, at least 10 days prior to the date set for the hearing,
5notify in writing the applicant for or holder of a certificate
6or permit (the respondent) that a hearing shall be held on the
7date designated to determine whether the respondent is
8privileged to hold such certificate or permit, and shall afford
9the respondent an opportunity to be heard in person or by
10counsel in reference thereto. The written notice may be served
11by delivery of the same personally to the respondent, or by
12mailing the same by registered mail to the place of business
13last specified by the respondent in the last notification to
14the Board's Executive Director. At the time and place fixed in
15the notice, the Board's Executive Director or his or her
16designated hearing officer shall proceed to hear the charges
17and both the respondent and the complainant shall be accorded
18ample opportunity to present in person or by counsel such
19statements, testimony, evidence, and arguments as may be
20pertinent to the charges or to any defense thereto. The Board's
21Executive Director or his or her designated hearing officer may
22continue such hearing from time to time. If the Board's
23Executive Director shall not be sitting at the time and place
24fixed in the notice or at the time and place to which the
25hearing shall have been continued, the Board's Executive
26Director or his or her designated hearing officer shall

 

 

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1continue such hearing for a period not to exceed 30 days.
2Failure of the respondent to appear on the date set for hearing
3or failure to proceed as ordered by the Board's Executive
4Director or his or her designated hearing officer shall
5constitute a default and automatic revocation.
6    (c) The Board's Executive Director is authorized to
7subpoena and bring before a hearing officer any person or
8persons in this State and to take testimony either orally or by
9deposition or by exhibit, with the same fees and mileage and in
10the same manner as prescribed by law in judicial proceedings in
11civil cases in circuit courts of this State. The Board's
12Executive Director or the designated hearing officer shall
13administer oaths to witnesses at any hearing that the Board's
14Executive Director is authorized by law to conduct.
15    (d) Any circuit court, upon the application of the
16respondent or complainant or of the Board's Executive Director,
17may by order duly entered, require the attendance of witnesses
18and the production of relevant books and papers before any
19hearing the Board's Executive Director is authorized to
20conduct, and the court may compel obedience to its order by
21proceedings for contempt.
22    (e) The Board shall establish rules for the appeal of
23decisions to revoke the permit of approval. At a minimum, the
24rules shall include all of the following:
25        (1) The school must be notified of the revocation in
26    writing through registered mail or other appropriate

 

 

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1    notification.
2        (2) The school has 10 business days after notification
3    to request an appeal of the decision.
4        (3) The Board shall not be required to schedule a
5    hearing and has the option to waive a hearing if the
6    institution has not operated for one continuous, 12-month
7    period or the institution has been abandoned; however, even
8    in these cases, the Board shall be required to revoke the
9    authority at a public hearing at which any opponent who is
10    injured or impacted by the revocation must be given the
11    opportunity to be heard.
12        (4) The Board shall designate a hearing officer, who
13    shall schedule and conduct a hearing.
14        (5) The hearing officer shall make a final
15    administrative decision, which decision may be reviewed
16    judicially by the circuit court in accordance with
17    subsection (f) of this Section.
18    (f) Any person affected by a final administrative decision
19of the Board's Executive Director may have such decision
20reviewed judicially by the circuit court of the county wherein
21the person resides, or in the case of a corporation, wherein
22the registered office is located. If the plaintiff in the
23review proceeding is not a resident of this State, the venue
24shall be in Sangamon County. The provisions of the
25Administrative Review Law, and all amendments and
26modifications thereof, and the rules adopted pursuant thereto,

 

 

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1shall apply to and govern all proceedings for the judicial
2review of final administrative decisions of the Board's
3Executive Director. "Administrative decisions" has the same
4meaning as in Section 3-101 of the Code of Civil Procedure.
5    (g) Except for the violations enumerated in subsection (e)
6of this Section, any owner, operator, or authorized agent of a
7school who knowingly violates any provision of this Act is
8guilty of a business offense.
9    (h) Any owner, operator, or authorized agent of a private
10business and vocational school who commits any of the following
11offenses is guilty of a Class A misdemeanor for the first
12offense and a Class 4 felony for the second or subsequent
13offense:
14        (1) Knowingly, and for the purpose of influencing or
15    inducing a person to enroll in the program of study offered
16    by the school, makes any false or misleading statements,
17    misrepresentations, or false promises to the person
18    regarding opportunities upon graduation from the school
19    for (i) employment in a business, industry, or trade, (ii)
20    admission to an institution of higher learning, or (ii)
21    admission to an occupational licensing examination.
22        (2) Knowingly, and with intent to defraud, retains in
23    excess of the school's refund policy prescribed in this Act
24    any unearned tuition or fees paid by a student who has
25    cancelled his or her enrollment agreement and is entitled
26    to a refund.

 

 

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1        (3) Knowingly, and with intent to defraud,
2    misrepresents that any student who has cancelled his or her
3    enrollment agreement is presently enrolled in the school,
4    has completed the program of study, or has graduated from
5    the school.
6        (4) Knowingly uses or attempts to use students in any
7    commercial or manufacturing activity related to the
8    operation of the school and to the school's advantage and
9    profit, except to the extent that the school provides the
10    student with practical experience supplemental to the
11    course of instruction or except in the case of students who
12    are employed by the school and compensated for such
13    employment.
14    (i) The Board shall adopt rules to pursue resolution of
15complaints. At a minimum, the rules shall include all of the
16following:
17        (1) Student complaints must be submitted in writing to
18    the Board.
19        (2) Board staff shall contact the school about the
20    complaint by registered mail or other appropriate
21    notification. The school has 10 business days to respond to
22    the Board about the complaint. The Board shall provide a
23    resolution determination to the school. The school may
24    request a hearing about the proposed resolution within 10
25    business days after the delivery of the complaint by
26    registered mail or other appropriate notification. If the

 

 

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1    school does not abide by the resolution determination, then
2    the Board can issue a cease and desist order to the school.
3    If the school does not comply with the cease and desist
4    order, then the Board may revoke the school's permit of
5    approval.
6        (3) The complaint may be forwarded to the institution's
7    accrediting body.
8        (4) The Board shall annually issue a public report
9    about the complaints received. At a minimum, the report
10    shall include the institution, the nature of the complaint,
11    and the current resolution status of the complaint. No
12    individual student shall be named in the report.
13    (j) Upon application of the Board's Executive Director, the
14Attorney General or any State's Attorney, the Circuit Court of
15each county in which a violation of this Act or the rules and
16regulations has occurred, shall have jurisdiction to enjoin any
17violation thereof.
18    (k) The following acts or omissions by an owner, operator,
19or authorized agent of a private business and vocational school
20shall constitute violations of this Act and unlawful practices
21pursuant to the Consumer Fraud and Deceptive Business Practices
22Act:
23        (1) False or misleading statements,
24    misrepresentations, or false promises that have the
25    tendency or capacity to influence or induce persons to
26    enroll in the program of study offered by the school.

 

 

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1        (2) Failure or refusal of the school to make the
2    disclosures in advertising materials in the enrollment
3    agreement and on its Internet website as required by this
4    Act, or the making of false or inaccurate statements in
5    such disclosures.
6        (3) Failure or refusal of the school to refund fees and
7    unearned tuition, in accordance with the refund policy
8    prescribed by this Act, to any student who cancels his or
9    her enrollment agreement.
10        (4) Failure or refusal of the school to employ course
11    instructors under conditions presented to the Board to
12    satisfy the requirements of this Act or to provide the
13    equipment, facilities, or services necessary to implement
14    the program of study as presented to the Board to satisfy
15    the requirements of the Act.
16    (l) Whenever the Attorney General or a State's Attorney
17receives a complaint against a private business and vocational
18school that alleges one or more of the violations enumerated in
19subsection (k) of this Section, he or she may conduct an
20investigation to determine the validity of the complaint and,
21if a violation or violations are found, may use any or all of
22the remedies, penalties, or authority granted to him or her by
23the Consumer Fraud and Deceptive Business Practices Act to
24correct such violations and enforce the provisions of this Act.
25Within 10 business days after receipt, the Board shall transmit
26to the Attorney General and the appropriate State's Attorney

 

 

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1copies of complaints filed in the Board's office that allege
2one or more of the violations enumerated in subsection (k) of
3this Section.
4    (m) Any person who suffers damages as a result of a
5violation of this Act committed by a school or its
6representative may bring an action against the school. The
7court, in its discretion, may award actual damages, treble
8actual damages if fraud is proved, injunctive relief, and any
9other relief that the court deems proper.
10    Such action may be commenced in the county where the school
11is located or has its principal place of business or in the
12county where the transaction or any substantial portion thereof
13occurred.
14    In any action brought by a person under this Section, the
15court may award, in addition to the relief provided in this
16Section, reasonable attorney's fees and costs to the prevailing
17party.
18    Either party to an action under this Section may request a
19trial by jury.
 
20    Section 90. Rulemaking authority. The Board shall have
21rulemaking authority as necessary and appropriate to implement
22this Act. Rulemaking authority to implement this Act, if any,
23is conditioned on the rules being adopted in accordance with
24all provisions of the Illinois Administrative Procedure Act and
25all rules and procedures of the Joint Committee on

 

 

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1Administrative Rules; any purported rule not so adopted, for
2whatever reason, is unauthorized.
 
3    Section 500. The Department of Professional Regulation Law
4of the Civil Administrative Code of Illinois is amended by
5changing Section 2105-15 as follows:
 
6    (20 ILCS 2105/2105-15)
7    Sec. 2105-15. General powers and duties.
8    (a) The Department has, subject to the provisions of the
9Civil Administrative Code of Illinois, the following powers and
10duties:
11        (1) To authorize examinations in English to ascertain
12    the qualifications and fitness of applicants to exercise
13    the profession, trade, or occupation for which the
14    examination is held.
15        (2) To prescribe rules and regulations for a fair and
16    wholly impartial method of examination of candidates to
17    exercise the respective professions, trades, or
18    occupations.
19        (3) To pass upon the qualifications of applicants for
20    licenses, certificates, and authorities, whether by
21    examination, by reciprocity, or by endorsement.
22        (4) To prescribe rules and regulations defining, for
23    the respective professions, trades, and occupations, what
24    shall constitute a school, college, or university, or

 

 

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1    department of a university, or other institution,
2    reputable and in good standing, and to determine the
3    reputability and good standing of a school, college, or
4    university, or department of a university, or other
5    institution, reputable and in good standing, by reference
6    to a compliance with those rules and regulations; provided,
7    that no school, college, or university, or department of a
8    university, or other institution that refuses admittance
9    to applicants solely on account of race, color, creed, sex,
10    or national origin shall be considered reputable and in
11    good standing.
12        (5) To conduct hearings on proceedings to revoke,
13    suspend, refuse to renew, place on probationary status, or
14    take other disciplinary action as authorized in any
15    licensing Act administered by the Department with regard to
16    licenses, certificates, or authorities of persons
17    exercising the respective professions, trades, or
18    occupations and to revoke, suspend, refuse to renew, place
19    on probationary status, or take other disciplinary action
20    as authorized in any licensing Act administered by the
21    Department with regard to those licenses, certificates, or
22    authorities. The Department shall issue a monthly
23    disciplinary report. The Department shall deny any license
24    or renewal authorized by the Civil Administrative Code of
25    Illinois to any person who has defaulted on an educational
26    loan or scholarship provided by or guaranteed by the

 

 

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1    Illinois Student Assistance Commission or any governmental
2    agency of this State; however, the Department may issue a
3    license or renewal if the aforementioned persons have
4    established a satisfactory repayment record as determined
5    by the Illinois Student Assistance Commission or other
6    appropriate governmental agency of this State.
7    Additionally, beginning June 1, 1996, any license issued by
8    the Department may be suspended or revoked if the
9    Department, after the opportunity for a hearing under the
10    appropriate licensing Act, finds that the licensee has
11    failed to make satisfactory repayment to the Illinois
12    Student Assistance Commission for a delinquent or
13    defaulted loan. For the purposes of this Section,
14    "satisfactory repayment record" shall be defined by rule.
15    The Department shall refuse to issue or renew a license to,
16    or shall suspend or revoke a license of, any person who,
17    after receiving notice, fails to comply with a subpoena or
18    warrant relating to a paternity or child support
19    proceeding. However, the Department may issue a license or
20    renewal upon compliance with the subpoena or warrant.
21        The Department, without further process or hearings,
22    shall revoke, suspend, or deny any license or renewal
23    authorized by the Civil Administrative Code of Illinois to
24    a person who is certified by the Department of Healthcare
25    and Family Services (formerly Illinois Department of
26    Public Aid) as being more than 30 days delinquent in

 

 

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1    complying with a child support order or who is certified by
2    a court as being in violation of the Non-Support Punishment
3    Act for more than 60 days. The Department may, however,
4    issue a license or renewal if the person has established a
5    satisfactory repayment record as determined by the
6    Department of Healthcare and Family Services (formerly
7    Illinois Department of Public Aid) or if the person is
8    determined by the court to be in compliance with the
9    Non-Support Punishment Act. The Department may implement
10    this paragraph as added by Public Act 89-6 through the use
11    of emergency rules in accordance with Section 5-45 of the
12    Illinois Administrative Procedure Act. For purposes of the
13    Illinois Administrative Procedure Act, the adoption of
14    rules to implement this paragraph shall be considered an
15    emergency and necessary for the public interest, safety,
16    and welfare.
17        (6) To transfer jurisdiction of any realty under the
18    control of the Department to any other department of the
19    State Government or to acquire or accept federal lands when
20    the transfer, acquisition, or acceptance is advantageous
21    to the State and is approved in writing by the Governor.
22        (7) To formulate rules and regulations necessary for
23    the enforcement of any Act administered by the Department.
24        (8) To exchange with the Department of Healthcare and
25    Family Services information that may be necessary for the
26    enforcement of child support orders entered pursuant to the

 

 

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1    Illinois Public Aid Code, the Illinois Marriage and
2    Dissolution of Marriage Act, the Non-Support of Spouse and
3    Children Act, the Non-Support Punishment Act, the Revised
4    Uniform Reciprocal Enforcement of Support Act, the Uniform
5    Interstate Family Support Act, or the Illinois Parentage
6    Act of 1984. Notwithstanding any provisions in this Code to
7    the contrary, the Department of Professional Regulation
8    shall not be liable under any federal or State law to any
9    person for any disclosure of information to the Department
10    of Healthcare and Family Services (formerly Illinois
11    Department of Public Aid) under this paragraph (8) or for
12    any other action taken in good faith to comply with the
13    requirements of this paragraph (8).
14        (9) To perform other duties prescribed by law.
15    (a-5) Except in cases involving default on an educational
16loan or scholarship provided by or guaranteed by the Illinois
17Student Assistance Commission or any governmental agency of
18this State or in cases involving delinquency in complying with
19a child support order or violation of the Non-Support
20Punishment Act, no person or entity whose license, certificate,
21or authority has been revoked as authorized in any licensing
22Act administered by the Department may apply for restoration of
23that license, certification, or authority until 3 years after
24the effective date of the revocation.
25    (b) The Department may, when a fee is payable to the
26Department for a wall certificate of registration provided by

 

 

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1the Department of Central Management Services, require that
2portion of the payment for printing and distribution costs be
3made directly or through the Department to the Department of
4Central Management Services for deposit into the Paper and
5Printing Revolving Fund. The remainder shall be deposited into
6the General Revenue Fund.
7    (c) For the purpose of securing and preparing evidence, and
8for the purchase of controlled substances, professional
9services, and equipment necessary for enforcement activities,
10recoupment of investigative costs, and other activities
11directed at suppressing the misuse and abuse of controlled
12substances, including those activities set forth in Sections
13504 and 508 of the Illinois Controlled Substances Act, the
14Director and agents appointed and authorized by the Director
15may expend sums from the Professional Regulation Evidence Fund
16that the Director deems necessary from the amounts appropriated
17for that purpose. Those sums may be advanced to the agent when
18the Director deems that procedure to be in the public interest.
19Sums for the purchase of controlled substances, professional
20services, and equipment necessary for enforcement activities
21and other activities as set forth in this Section shall be
22advanced to the agent who is to make the purchase from the
23Professional Regulation Evidence Fund on vouchers signed by the
24Director. The Director and those agents are authorized to
25maintain one or more commercial checking accounts with any
26State banking corporation or corporations organized under or

 

 

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1subject to the Illinois Banking Act for the deposit and
2withdrawal of moneys to be used for the purposes set forth in
3this Section; provided, that no check may be written nor any
4withdrawal made from any such account except upon the written
5signatures of 2 persons designated by the Director to write
6those checks and make those withdrawals. Vouchers for those
7expenditures must be signed by the Director. All such
8expenditures shall be audited by the Director, and the audit
9shall be submitted to the Department of Central Management
10Services for approval.
11    (d) Whenever the Department is authorized or required by
12law to consider some aspect of criminal history record
13information for the purpose of carrying out its statutory
14powers and responsibilities, then, upon request and payment of
15fees in conformance with the requirements of Section 2605-400
16of the Department of State Police Law (20 ILCS 2605/2605-400),
17the Department of State Police is authorized to furnish,
18pursuant to positive identification, the information contained
19in State files that is necessary to fulfill the request.
20    (e) The provisions of this Section do not apply to private
21business and vocational schools as defined by Section 15 1 of
22the Private Business and Vocational Schools Act of 2012.
23    (f) Beginning July 1, 1995, this Section does not apply to
24those professions, trades, and occupations licensed under the
25Real Estate License Act of 2000, nor does it apply to any
26permits, certificates, or other authorizations to do business

 

 

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1provided for in the Land Sales Registration Act of 1989 or the
2Illinois Real Estate Time-Share Act.
3    (g) Notwithstanding anything that may appear in any
4individual licensing statute or administrative rule, the
5Department shall deny any license application or renewal
6authorized under any licensing Act administered by the
7Department to any person who has failed to file a return, or to
8pay the tax, penalty, or interest shown in a filed return, or
9to pay any final assessment of tax, penalty, or interest, as
10required by any tax Act administered by the Illinois Department
11of Revenue, until such time as the requirement of any such tax
12Act are satisfied; however, the Department may issue a license
13or renewal if the person has established a satisfactory
14repayment record as determined by the Illinois Department of
15Revenue. For the purpose of this Section, "satisfactory
16repayment record" shall be defined by rule.
17    In addition, a complaint filed with the Department by the
18Illinois Department of Revenue that includes a certification,
19signed by its Director or designee, attesting to the amount of
20the unpaid tax liability or the years for which a return was
21not filed, or both, is prima facia evidence of the licensee's
22failure to comply with the tax laws administered by the
23Illinois Department of Revenue. Upon receipt of that
24certification, the Department shall, without a hearing,
25immediately suspend all licenses held by the licensee.
26Enforcement of the Department's order shall be stayed for 60

 

 

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1days. The Department shall provide notice of the suspension to
2the licensee by mailing a copy of the Department's order by
3certified and regular mail to the licensee's last known address
4as registered with the Department. The notice shall advise the
5licensee that the suspension shall be effective 60 days after
6the issuance of the Department's order unless the Department
7receives, from the licensee, a request for a hearing before the
8Department to dispute the matters contained in the order.
9    Any suspension imposed under this subsection (g) shall be
10terminated by the Department upon notification from the
11Illinois Department of Revenue that the licensee is in
12compliance with all tax laws administered by the Illinois
13Department of Revenue.
14    The Department shall promulgate rules for the
15administration of this subsection (g).
16    (h) The Department may grant the title "Retired", to be
17used immediately adjacent to the title of a profession
18regulated by the Department, to eligible retirees. The use of
19the title "Retired" shall not constitute representation of
20current licensure, registration, or certification. Any person
21without an active license, registration, or certificate in a
22profession that requires licensure, registration, or
23certification shall not be permitted to practice that
24profession.
25    (i) Within 180 days after December 23, 2009 (the effective
26date of Public Act 96-852), the Department shall promulgate

 

 

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1rules which permit a person with a criminal record, who seeks a
2license or certificate in an occupation for which a criminal
3record is not expressly a per se bar, to apply to the
4Department for a non-binding, advisory opinion to be provided
5by the Board or body with the authority to issue the license or
6certificate as to whether his or her criminal record would bar
7the individual from the licensure or certification sought,
8should the individual meet all other licensure requirements
9including, but not limited to, the successful completion of the
10relevant examinations.
11(Source: P.A. 95-331, eff. 8-21-07; 96-459, eff. 8-14-09;
1296-852, eff. 12-23-09; 96-1000, eff. 7-2-10.)
 
13    Section 505. The State Finance Act is amended by adding
14Section 5.809 as follows:
 
15    (30 ILCS 105/5.809 new)
16    Sec. 5.809. The Private Business and Vocational Schools
17Quality Assurance Fund.
 
18    Section 510. The Riverboat Gambling Act is amended by
19changing Section 9 as follows:
 
20    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
21    Sec. 9. Occupational licenses.
22    (a) The Board may issue an occupational license to an

 

 

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1applicant upon the payment of a non-refundable fee set by the
2Board, upon a determination by the Board that the applicant is
3eligible for an occupational license and upon payment of an
4annual license fee in an amount to be established. To be
5eligible for an occupational license, an applicant must:
6        (1) be at least 21 years of age if the applicant will
7    perform any function involved in gaming by patrons. Any
8    applicant seeking an occupational license for a non-gaming
9    function shall be at least 18 years of age;
10        (2) not have been convicted of a felony offense, a
11    violation of Article 28 of the Criminal Code of 1961, or a
12    similar statute of any other jurisdiction;
13        (2.5) not have been convicted of a crime, other than a
14    crime described in item (2) of this subsection (a),
15    involving dishonesty or moral turpitude, except that the
16    Board may, in its discretion, issue an occupational license
17    to a person who has been convicted of a crime described in
18    this item (2.5) more than 10 years prior to his or her
19    application and has not subsequently been convicted of any
20    other crime;
21        (3) have demonstrated a level of skill or knowledge
22    which the Board determines to be necessary in order to
23    operate gambling aboard a riverboat; and
24        (4) have met standards for the holding of an
25    occupational license as adopted by rules of the Board. Such
26    rules shall provide that any person or entity seeking an

 

 

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1    occupational license to manage gambling operations
2    hereunder shall be subject to background inquiries and
3    further requirements similar to those required of
4    applicants for an owners license. Furthermore, such rules
5    shall provide that each such entity shall be permitted to
6    manage gambling operations for only one licensed owner.
7    (b) Each application for an occupational license shall be
8on forms prescribed by the Board and shall contain all
9information required by the Board. The applicant shall set
10forth in the application: whether he has been issued prior
11gambling related licenses; whether he has been licensed in any
12other state under any other name, and, if so, such name and his
13age; and whether or not a permit or license issued to him in
14any other state has been suspended, restricted or revoked, and,
15if so, for what period of time.
16    (c) Each applicant shall submit with his application, on
17forms provided by the Board, 2 sets of his fingerprints. The
18Board shall charge each applicant a fee set by the Department
19of State Police to defray the costs associated with the search
20and classification of fingerprints obtained by the Board with
21respect to the applicant's application. These fees shall be
22paid into the State Police Services Fund.
23    (d) The Board may in its discretion refuse an occupational
24license to any person: (1) who is unqualified to perform the
25duties required of such applicant; (2) who fails to disclose or
26states falsely any information called for in the application;

 

 

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1(3) who has been found guilty of a violation of this Act or
2whose prior gambling related license or application therefor
3has been suspended, restricted, revoked or denied for just
4cause in any other state; or (4) for any other just cause.
5    (e) The Board may suspend, revoke or restrict any
6occupational licensee: (1) for violation of any provision of
7this Act; (2) for violation of any of the rules and regulations
8of the Board; (3) for any cause which, if known to the Board,
9would have disqualified the applicant from receiving such
10license; or (4) for default in the payment of any obligation or
11debt due to the State of Illinois; or (5) for any other just
12cause.
13    (f) A person who knowingly makes a false statement on an
14application is guilty of a Class A misdemeanor.
15    (g) Any license issued pursuant to this Section shall be
16valid for a period of one year from the date of issuance.
17    (h) Nothing in this Act shall be interpreted to prohibit a
18licensed owner from entering into an agreement with a public
19community college or a school approved under the Private
20Business and Vocational Schools Act of 2012 for the training of
21any occupational licensee. Any training offered by such a
22school shall be in accordance with a written agreement between
23the licensed owner and the school.
24    (i) Any training provided for occupational licensees may be
25conducted either on the riverboat or at a school with which a
26licensed owner has entered into an agreement pursuant to

 

 

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1subsection (h).
2(Source: P.A. 96-1392, eff. 1-1-11.)
 
3    Section 515. The Illinois Public Aid Code is amended by
4changing Section 11-2.1 as follows:
 
5    (305 ILCS 5/11-2.1)  (from Ch. 23, par. 11-2.1)
6    Sec. 11-2.1. No private business and vocational school, as
7defined in the Private Business and Vocational Schools Act of
82012, may solicit an applicant or recipient within a public aid
9office or within 100 feet of a public aid office, for the
10purpose of enrolling the applicant or recipient in a work or
11training program, without the express written consent of the
12Illinois Department. Any person violating this Section shall be
13guilty of a Class A misdemeanor. "Public aid office" for the
14purpose of this Section includes any business office of the
15Department where a person may apply for or receive benefits or
16services under this Code, the building in which such office is
17located, and any parking area connected to such office that is
18owned or leased by the State for the benefit of the Department
19for use by personnel of the Department or by applicants or
20recipients.
21(Source: P.A. 85-1383.)
 
22    Section 520. The Children's Privacy Protection and
23Parental Empowerment Act is amended by changing Section 15 as

 

 

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1follows:
 
2    (325 ILCS 17/15)
3    Sec. 15. Information brokers.
4    (a) For the purpose of this Act, the consent of a parent to
5the sale or purchase of information concerning a child is
6presumed unless the parent withdraws consent under this
7Section.
8    A person who brokers or facilitates the sale of personal
9information concerning children must, upon written request
10from a parent that specifically identifies the child, provide
11to the parent within 20 days of the written request procedures
12that the parent must follow in order to withdraw consent to use
13personal information relating to that child. The person who
14brokers or facilitates the sale of personal information must
15discontinue disclosing a child's personal information within
1620 days after the parent has completed the procedures to
17withdraw consent to use personal information relating to that
18child.
19    (b) This Section does not apply to any of the following:
20        (1) Any federal, state, or local government agency or
21    any law enforcement agency.
22        (2) The National Center for Missing and Exploited
23    Children.
24        (3) Any educational institution, consortium,
25    organization, or professional association, including but

 

 

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1    not limited to, public community colleges, public
2    universities, post-secondary educational institutions as
3    defined in the Private College Act, and private business
4    and vocational schools as defined in the Private Business
5    and Vocational Schools Act of 2012.
6        (4) Any not-for-profit entity that is exempt from the
7    payment of federal taxes under Section 501(c)(3) of the
8    Internal Revenue Code of 1986.
9(Source: P.A. 93-462, eff. 1-1-04.)
 
10    Section 525. The Consumer Fraud and Deceptive Business
11Practices Act is amended by adding Section 2MMM as follows:
 
12    (815 ILCS 505/2MMM new)
13    Sec. 2MMM. Violations of the Private Business and
14Vocational Schools Act of 2012. A school subject to the Private
15Business and Vocational Schools Act of 2012 commits an unlawful
16practice when it violates subsection (c) of Section 85 of the
17Private Business and Vocational Schools Act of 2012.
 
18    (105 ILCS 425/Act rep.)
19    Section 900. The Private Business and Vocational Schools
20Act is repealed.
 
21    Section 999. Effective date. This Act takes effect February
221, 2012.".