Full Text of SB1795 97th General Assembly
SB1795ham003 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Private Business and Vocational Schools Act of 2012. | 6 | | Section 5. Purpose. It is the purpose of this Act to | 7 | | provide for the protection, education, and welfare of the | 8 | | citizens of the this State; to provide for the education, | 9 | | protection, and welfare of the students of its private business | 10 | | and vocational schools; and to facilitate and promote quality | 11 | | education and responsible, ethical, business practices in each | 12 | | of the private business and vocational schools enrolling | 13 | | students in this State. | 14 | | Section 10. Validity of certificates under the Private | 15 | | Business and Vocational Schools Act. Certificates of approval |
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| 1 | | granted by the State Board of Education under the Private | 2 | | Business and Vocational Schools Act, which is repealed by this | 3 | | Act, shall remain valid through June 30, 2012. | 4 | | Section 15. Definitions. As used in this Act, unless the | 5 | | context otherwise requires: | 6 | | "Board" means the Board of Higher Education established | 7 | | under the Board of Higher Education Act.
| 8 | | "Certificate of completion" or "certificate" means any | 9 | | designation, appellation, series of letters or words, or other | 10 | | symbol that signifies or purports to signify that the recipient | 11 | | thereof has satisfactorily completed a private business and | 12 | | vocational school's program of study that is beyond the | 13 | | secondary school level, but not a post-secondary degree program | 14 | | at the associate, baccalaureate, master's, doctoral, or | 15 | | post-baccalaureate, professional degree level.
| 16 | | "Chief managing employee" is the individual who is the head | 17 | | administrator or supervisor at a school's principal location. | 18 | | "Educational institution" or "institution" means an | 19 | | organization that promotes business and vocational education, | 20 | | even though the institution's principal effort may not be | 21 | | exclusively educational in nature.
| 22 | | "Enrollment agreement" means any agreement or instrument, | 23 | | however named, that creates or evidences an obligation binding | 24 | | a 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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| 1 | | any designation, appellation, series of letters or words, or | 2 | | other symbol that signifies or purports to signify that the | 3 | | recipient has satisfactorily completed an organized academic | 4 | | program of study beyond the secondary school level, such as a | 5 | | certificate, but below the associate's degree level and that | 6 | | does not include any recognized degree program such as an | 7 | | associate's, baccalaureate, master's, or doctoral degree, a | 8 | | post-baccalaureate, professional degree, or a post-degree | 9 | | certificate, such as a post-baccalaureate certificate, | 10 | | post-master's certificate, or post-doctoral certificate. | 11 | | "Program of study" as used in this definition means any | 12 | | academic program beyond the secondary school level, except for | 13 | | a program that is devoted entirely to religion or theology, a | 14 | | program offered by an institution operating under the authority | 15 | | of the Private College Act, the Academic Degree Act, or the | 16 | | Board of Higher Education Act, or a program of study of less | 17 | | than one year in length operating under the statutory authority | 18 | | granted to the Department of Financial and Professional | 19 | | Regulation. | 20 | | "Permit of approval" means a non-transferable permit, | 21 | | issued by and pursuant to the authority of the Board of Higher | 22 | | Education through its Division of Private Business and | 23 | | Vocational Schools to a private business and vocational school | 24 | | in the name of the school, that authorizes the school to | 25 | | solicit students and to offer and maintain one or more courses | 26 | | of instruction in compliance with the provisions of this Act |
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| 1 | | and such standards and rules as may be adopted by the Board.
| 2 | | "Private business and vocational school" or "school" means | 3 | | an educational institution privately owned or operated by a | 4 | | person, partnership, corporation, or other entity offering | 5 | | courses of instruction for which tuition is charged, whether | 6 | | such courses of instruction are offered on site, through | 7 | | correspondence, by distance education, or by other methods, to | 8 | | prepare 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 | 24 | | persons subject to this Act may establish and operate or be | 25 | | permitted to become incorporated for the purpose of operating a |
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| 1 | | private business and vocational school without obtaining from | 2 | | the Board a permit of approval, provided that a permit of | 3 | | approval is not required for a program that is devoted entirely | 4 | | to religion or theology or a program offered by an institution | 5 | | operating under the authority of the Private College Act, the | 6 | | Academic Degree Act, or the Board of Higher Education Act. | 7 | | Application for a permit must be made to the Board upon forms | 8 | | furnished by it. Permits of approval are not transferable. | 9 | | Whenever a change of ownership of a school occurs, an | 10 | | application for a permit of approval for the school under the | 11 | | changed ownership must immediately be filed with the Board. | 12 | | Whenever an owner, partnership, or corporation operates a | 13 | | school at different locations, an application for a permit of | 14 | | approval must be filed for each location. A school must have | 15 | | approval prior to operating at a location and must make | 16 | | application to the Board for any change of location and for a | 17 | | classroom extension at a new or changed location. Each | 18 | | application required to be filed in accordance with the | 19 | | provisions of this Section must be accompanied by the required | 20 | | fee under the provisions of Sections 75 and 85 of this Act, and | 21 | | all such applications must be made on forms prepared and | 22 | | furnished by the Board. The permit of approval must be | 23 | | prominently displayed at some place on the premises of the | 24 | | school at each school location open to the inspection of all | 25 | | interested persons. The Board shall maintain, open to public | 26 | | inspection, a list of schools, their classroom extensions, and |
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| 1 | | their courses of instruction approved under this Act and may | 2 | | annually publish such a list. Issuance of the permit of | 3 | | approval by the Board does not denote that the school or any | 4 | | program offered by the school is recommended, guaranteed, or | 5 | | endorsed by the Board or that the Board is responsible for the | 6 | | quality of the school or its programs, and no school may | 7 | | communicate this to be the case. No guarantee of employability | 8 | | of school graduates is made by the Board in its approval of | 9 | | programs or schools, and no school may communicate such | 10 | | information. | 11 | | Section 25. Award of certificates.
| 12 | | (a) A certificate may be awarded only by a private business | 13 | | and vocational school approved by the Board to award such a | 14 | | certificate or by an institution approved by the Board under | 15 | | the authority of the Private College Act, the Academic Degree | 16 | | Act, or the Board of Higher Education Act. No private business | 17 | | and vocational school shall be authorized to award a | 18 | | certificate or be approved as a certificate-granting | 19 | | institution unless it provides documentation to the Board that | 20 | | it satisfies the criteria for approval. The documentation | 21 | | provided must be under oath or affirmation of the principal | 22 | | officer of the private business and vocational school and shall | 23 | | contain the name and address of the institution, the names and | 24 | | addresses of the president or other administrative head and of | 25 | | each member of the board of trustees or other governing board, |
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| 1 | | a description of the certificates to be awarded and the course | 2 | | or courses of instruction prerequisite thereto, and such | 3 | | additional information relevant to the purposes of this Act as | 4 | | the Board may prescribe. Any amendment to the documentation | 5 | | must be under oath or affirmation of the principal officer of | 6 | | the institution and must be filed with the Board prior to the | 7 | | award of any certificate.
| 8 | | (b) A certificate-granting institution shall keep the | 9 | | documentation that it shall have filed with the Board current | 10 | | at all times. For this purpose, it shall report annually, by | 11 | | appropriate amendment of the notice, any change in a fact | 12 | | previously reported. | 13 | | The Board may not approve any documentation or amendment to | 14 | | the documentation filed pursuant to this Section unless it | 15 | | finds the facts stated therein to be correct and further finds | 16 | | that such facts constitute compliance with the requirements of | 17 | | this Act for institutions.
| 18 | | Failure to provide such documentation is grounds for | 19 | | revocation of the permit of approval.
| 20 | | Section 30. Exemptions. For purposes of this Act, the | 21 | | following shall not be considered to be a private business and | 22 | | vocational 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. | 7 | | Each entity seeking a permit of approval is required to | 8 | | demonstrate that it satisfies institution-approval criteria | 9 | | and that each program of study offered meets the | 10 | | program-approval criteria in this Act and any applicable rules. | 11 | | The following standard criteria are intended to measure the | 12 | | appropriateness of the stated educational objectives of the | 13 | | educational programs of a given institution and the extent to | 14 | | which suitable and proper processes have been developed for | 15 | | meeting those objectives. Information related to the | 16 | | satisfaction of the approval criteria outlined in this Section | 17 | | must be supplied to the Board by institutions on forms provided | 18 | | by the Board. Additional information may be requested by the | 19 | | Board to determine the institution's ability to satisfy the | 20 | | criteria. The following must be considered as part of, but not | 21 | | necessarily all of, the criteria for approval of institutions | 22 | | and 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 | 3 | | minimum, the disclosures required under this Section clearly | 4 | | and conspicuously on their Internet websites. The disclosure | 5 | | shall consist of a statement containing the following | 6 | | information for the most recent 12-month reporting period of | 7 | | July 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 | 5 | | admission by course or course of instruction and a sample copy | 6 | | of the enrollment agreement employed to enroll the students | 7 | | listed shall be filed with the Board's Executive Director on an | 8 | | annual basis. The list shall be signed and verified by the | 9 | | school's
chief managing employee. | 10 | | Section 40. Enrollment agreements. A copy of the enrollment | 11 | | agreement must be provided to the Board. Enrollment agreements | 12 | | may be used by schools only if approved by the Board. The Board | 13 | | shall develop a standard enrollment agreement for use by | 14 | | schools approved or seeking approval under this Act. Schools | 15 | | may create an enrollment agreement that meets the minimum | 16 | | requirements of this Section, but it must be approved by the | 17 | | Board prior to implementation. The student must be given a copy | 18 | | of the enrollment agreement at the time the student signs that | 19 | | agreement and at the time of the agreement's acceptance, if | 20 | | those events occur at different times. The school shall retain | 21 | | a signed copy of the fully executed enrollment agreement as a | 22 | | part of the student's permanent record. No school may enter | 23 | | into an enrollment agreement wherein the student waives the | 24 | | right to assert against the school or any assignee any claim or | 25 | | defense he or she may have against the school arising under the |
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| 1 | | agreement. Any provisions in an enrollment agreement wherein | 2 | | the student agrees to such a waiver shall be rendered void. | 3 | | Enrollment agreements shall include, at a minimum, a clear | 4 | | descriptions of costs, refund policies, program information, | 5 | | all disclosures required by this Act, the Board's Internet | 6 | | website, the address and phone number of the Board for students | 7 | | to report complaints, and any additional information the Board | 8 | | may require by rule. | 9 | | Section 45. Board approval. Each school approved by the | 10 | | Board under this Act is responsible for the content of any | 11 | | program offered. Issuance of the permit of approval does not | 12 | | denote that the school or any program offered by the school is | 13 | | recommended, guaranteed, or endorsed by the Board. Schools may | 14 | | not advertise or communicate to students or the public in any | 15 | | way that indicates endorsement of the school or any program by | 16 | | the Board. | 17 | | Section 50. Requirements for approved institutions. Each | 18 | | school and each of the non-degree programs of study offered by | 19 | | the school shall be approved for 5 years, subject to the terms | 20 | | and conditions of approval, including without limitation the | 21 | | submission of required reporting and the payment of required | 22 | | charges and fees under the provisions of Section 75 of this | 23 | | Act, and compliance with any other requirements in this Act or | 24 | | supporting rules. Failure to so comply at any time during the 5 |
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| 1 | | years is grounds for immediate revocation of the permit of | 2 | | approval. Information requested by the Board must be submitted | 3 | | annually or, in special circumstances, at the request of the | 4 | | Board. Failure to do so is grounds for immediate revocation of | 5 | | the permit of approval. Each non-degree program of study must | 6 | | be approved by the Board as well. Regardless of when the | 7 | | program was approved, all programs of study must be approved | 8 | | again with the institutional approval at the end of the 5-year | 9 | | approval period or in conjunction with an earlier review if so | 10 | | required under this Act or the administrative rules adopted in | 11 | | support of this Act. The Board's Executive Director has the | 12 | | authority to order any school subject to this Act to cease and | 13 | | desist operations if the school is found to have acted contrary | 14 | | to the standards set forth in this Act or the supporting | 15 | | administrative rules. | 16 | | Section 55. Maintenance of approval. Institutions covered | 17 | | under this Act must meet the following requirements to receive | 18 | | and 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 | 7 | | minimum standards for a fair and equitable refund policy that | 8 | | must be applied by all institutions subject to this Act. The | 9 | | same refund policy must be applied to all students even if they | 10 | | are not eligible for federal financial aid. Schools that are | 11 | | accredited by an accrediting body recognized by the U.S. | 12 | | Department of Education and approved to participate in offering | 13 | | Federal Title IV student financial aid may apply the required | 14 | | federal refund policy as long as the same policy is applied to | 15 | | all students even if they are not eligible for federal | 16 | | financial aid. | 17 | | Section 65. Prohibition against advertising a school or | 18 | | soliciting students without Board authorization. Prior to the | 19 | | issuance of a permit of approval by the Board, no person or | 20 | | organization shall advertise a school or any program of study | 21 | | or solicit prospective students unless the person or | 22 | | organization has applied for and received from the Board | 23 | | authorization to conduct such activity. If the Board has | 24 | | authorized such activity, all advertisements or solicitations |
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| 1 | | must reference the Board's approval by stating that the school | 2 | | is approved by the "Division of Private Business and Vocational | 3 | | Schools 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 | 6 | | operations, the chief administrative officer of the school | 7 | | shall cause to be filed with the Board the original or legible | 8 | | true copies of all such academic records of the institution as | 9 | | may be specified by the Board.
| 10 | | (b) These records shall include, at a minimum, the academic | 11 | | records of each former student that is traditionally provided | 12 | | on an academic transcript, such as, but not limited to, courses | 13 | | taken, terms, grades, and other such information.
| 14 | | (c) In the event it appears to the Board that any such | 15 | | records of an institution discontinuing its operations is in | 16 | | danger of being lost, hidden, destroyed, or otherwise made | 17 | | unavailable to the Board, the Board may seize and take | 18 | | possession of the records, on its own motion and without order | 19 | | of court.
| 20 | | (d) The Board shall maintain or cause to be maintained a | 21 | | permanent file of such records coming into its possession.
| 22 | | (e) As an alternative to the deposit of such records with | 23 | | the Board, the institution may propose to the Board a plan for | 24 | | permanent retention of the records. The plan must be put into | 25 | | effect only with the approval of the Board.
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| 1 | | (f) When a postsecondary educational institution now or | 2 | | hereafter operating in this State proposes to discontinue its | 3 | | operation, such institution shall cause to be created a | 4 | | teach-out plan acceptable to the Board, which shall fulfill the | 5 | | school's educational obligations to its students. Should the | 6 | | school fail to deliver or act on the teach-out plan, the Board | 7 | | is in no way responsible for providing the teach-out.
| 8 | | (g) The school and its designated surety bonding company | 9 | | are responsible for the return to students of all prepaid, | 10 | | unearned tuition. As identified in Section 55 of this Act, the | 11 | | surety bond must be a written agreement that provides for | 12 | | monetary compensation in the event that the school fails to | 13 | | fulfill its obligations. The surety bonding company shall | 14 | | guarantee the return to the school's students and their | 15 | | parents, guardians, or sponsors of all prepaid, unearned | 16 | | tuition in the event of school closure. Should the school or | 17 | | its surety bonding company fail to deliver or act to fulfill | 18 | | the obligation, the Board is in no way responsible for the | 19 | | repayment or any related damages or claims.
| 20 | | Section 75. Application and renewal fees. Fees for | 21 | | application and renewal may be set by the Board by rule. Fees | 22 | | shall 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 | 13 | | Quality Assurance Fund. The Private Business and Vocational | 14 | | Schools Quality Assurance Fund is created as a special fund in | 15 | | the State treasury. All fees collected for the administration | 16 | | and enforcement of this Act must be deposited into this Fund. | 17 | | All money in the Fund must be used, subject to appropriation, | 18 | | by the Board to supplement support for the administration and | 19 | | enforcement of this Act and must not be used for any other | 20 | | purpose. | 21 | | Section 85. Violations under the Act.
| 22 | | (a) The Board's Executive Director has the authority to | 23 | | order any school subject to this Act to cease and desist | 24 | | operations if the school is found to have acted contrary to the |
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| 1 | | standards set forth in this Act or supporting rules.
| 2 | | (b) The Board's Executive Director shall, before refusing | 3 | | to issue or renew, and before revocation of any certificate or | 4 | | permit, at least 10 days prior to the date set for the hearing, | 5 | | notify in writing the applicant for or holder of a certificate | 6 | | or permit (the respondent) that a hearing shall be held on the | 7 | | date designated to determine whether the respondent is | 8 | | privileged to hold such certificate or permit, and shall afford | 9 | | the respondent an opportunity to be heard in person or by | 10 | | counsel in reference thereto. The written notice may be served | 11 | | by delivery of the same personally to the respondent, or by | 12 | | mailing the same by registered mail to the place of business | 13 | | last specified by the respondent in the last notification to | 14 | | the Board's Executive Director. At the time and place fixed in | 15 | | the notice, the Board's Executive Director or his or her | 16 | | designated hearing officer shall proceed to hear the charges | 17 | | and both the respondent and the complainant shall be accorded | 18 | | ample opportunity to present in person or by counsel such | 19 | | statements, testimony, evidence, and arguments as may be | 20 | | pertinent to the charges or to any defense thereto. The Board's | 21 | | Executive Director or his or her designated hearing officer may | 22 | | continue such hearing from time to time. If the Board's | 23 | | Executive Director shall not be sitting at the time and place | 24 | | fixed in the notice or at the time and place to which the | 25 | | hearing shall have been continued, the Board's Executive | 26 | | Director or his or her designated hearing officer shall |
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| 1 | | continue such hearing for a period not to exceed 30 days. | 2 | | Failure of the respondent to appear on the date set for hearing | 3 | | or failure to proceed as ordered by the Board's Executive | 4 | | Director or his or her designated hearing officer shall | 5 | | constitute a default and automatic revocation.
| 6 | | (c) The Board's Executive Director is authorized to | 7 | | subpoena and bring before a hearing officer any person or | 8 | | persons in this State and to take testimony either orally or by | 9 | | deposition or by exhibit, with the same fees and mileage and in | 10 | | the same manner as prescribed by law in judicial proceedings in | 11 | | civil cases in circuit courts of this State.
The Board's | 12 | | Executive Director or the designated hearing officer shall | 13 | | administer oaths to witnesses at any hearing that the Board's | 14 | | Executive Director is authorized by law to conduct.
| 15 | | (d) Any circuit court, upon the application of the | 16 | | respondent or complainant or of the Board's Executive Director, | 17 | | may by order duly entered, require the attendance of witnesses | 18 | | and the production of relevant books and papers before any | 19 | | hearing the Board's Executive Director is authorized to | 20 | | conduct, and the court may compel obedience to its order by | 21 | | proceedings for contempt.
| 22 | | (e) The Board shall establish rules for the appeal of
| 23 | | decisions to revoke the permit of approval. At a minimum, the
| 24 | | rules 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 | 19 | | of the Board's Executive Director may have such decision | 20 | | reviewed judicially by the circuit court of the county wherein | 21 | | the person resides, or in the case of a corporation, wherein | 22 | | the registered office is located. If the plaintiff in the | 23 | | review proceeding is not a resident of this State, the venue | 24 | | shall be in Sangamon County. The provisions of the | 25 | | Administrative Review Law, and all amendments and | 26 | | modifications thereof, and the rules adopted pursuant thereto, |
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| 1 | | shall apply to and govern all proceedings for the judicial | 2 | | review of final administrative decisions of the Board's | 3 | | Executive Director. "Administrative decisions" has the same | 4 | | meaning as in Section 3-101 of the Code of Civil Procedure.
| 5 | | (g) Except for the violations enumerated in subsection (e) | 6 | | of this Section, any owner, operator, or authorized agent of a | 7 | | school who knowingly violates any provision of this Act is | 8 | | guilty of a business offense. | 9 | | (h) Any owner, operator, or authorized agent of a private | 10 | | business and vocational school who commits any of the following | 11 | | offenses is guilty of a Class A misdemeanor for the first | 12 | | offense and a Class 4 felony for the second or subsequent | 13 | | offense: | 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 | 15 | | complaints. At a minimum, the rules shall include all of the | 16 | | following: | 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 | 14 | | Attorney General or any State's Attorney, the Circuit Court of | 15 | | each county in which a violation of this Act or the rules and | 16 | | regulations has occurred, shall have jurisdiction to enjoin any | 17 | | violation thereof. | 18 | | (k) The following acts or omissions by an owner, operator, | 19 | | or authorized agent of a private business and vocational school | 20 | | shall constitute violations of this Act and unlawful practices | 21 | | pursuant to the Consumer Fraud and Deceptive Business Practices | 22 | | Act:
| 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 | 17 | | receives a complaint against a private business and vocational | 18 | | school that alleges one or more of the violations enumerated in | 19 | | subsection (k) of this Section, he or she may conduct an | 20 | | investigation to determine the validity of the complaint and, | 21 | | if a violation or violations are found, may use any or all of | 22 | | the remedies, penalties, or authority granted to him or her by | 23 | | the Consumer Fraud and Deceptive Business Practices Act to | 24 | | correct such violations and enforce the provisions of this Act. | 25 | | Within 10 business days after receipt, the Board shall transmit | 26 | | to the Attorney General and the appropriate State's Attorney |
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| 1 | | copies of complaints filed in the Board's office that allege | 2 | | one or more of the violations enumerated in subsection (k) of | 3 | | this Section. | 4 | | (m) Any person who suffers damages as a result of a | 5 | | violation of this Act committed by a school or its | 6 | | representative may bring an action against the school. The | 7 | | court, in its discretion, may award actual damages, treble | 8 | | actual damages if fraud is proved, injunctive relief, and any | 9 | | other relief that the court deems proper. | 10 | | Such action may be commenced in the county where the school | 11 | | is located or has its principal place of business or in the | 12 | | county where the transaction or any substantial portion thereof | 13 | | occurred. | 14 | | In any action brought by a person under this Section, the | 15 | | court may award, in addition to the relief provided in this | 16 | | Section, reasonable attorney's fees and costs to the prevailing | 17 | | party. | 18 | | Either party to an action under this Section may request a | 19 | | trial by jury. | 20 | | Section 90. Rulemaking authority. The Board shall have | 21 | | rulemaking authority as necessary and appropriate to implement | 22 | | this Act. Rulemaking authority to implement this Act, if any, | 23 | | is conditioned on the rules being adopted in accordance with | 24 | | all provisions of the Illinois Administrative Procedure Act and | 25 | | all rules and procedures of the Joint Committee on |
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| 1 | | Administrative Rules; any purported rule not so adopted, for | 2 | | whatever reason, is unauthorized.
| 3 | | Section 500. The Department of Professional Regulation Law | 4 | | of the
Civil Administrative Code of Illinois is amended by | 5 | | changing 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 | 9 | | Civil
Administrative Code of Illinois, the following powers and | 10 | | duties:
| 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 | 16 | | loan or scholarship provided by or guaranteed by the Illinois | 17 | | Student Assistance Commission or any governmental agency of | 18 | | this State or in cases involving delinquency in complying with | 19 | | a child support order or violation of the Non-Support | 20 | | Punishment Act, no person or entity whose license, certificate, | 21 | | or authority has been revoked as authorized in any licensing | 22 | | Act administered by the Department may apply for restoration of | 23 | | that license, certification, or authority until 3 years after | 24 | | the effective date of the revocation. | 25 | | (b) The Department may, when a fee is payable to the | 26 | | Department for a wall
certificate of registration provided by |
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| 1 | | the Department of Central Management
Services, require that | 2 | | portion of the payment for printing and distribution
costs be | 3 | | made directly or through the Department to the Department of | 4 | | Central
Management Services for deposit into the Paper and | 5 | | Printing Revolving Fund.
The remainder shall be deposited into | 6 | | the General Revenue Fund.
| 7 | | (c) For the purpose of securing and preparing evidence, and | 8 | | for the purchase
of controlled substances, professional | 9 | | services, and equipment necessary for
enforcement activities, | 10 | | recoupment of investigative costs, and other activities
| 11 | | directed at suppressing the misuse and abuse of controlled | 12 | | substances,
including those activities set forth in Sections | 13 | | 504 and 508 of the Illinois
Controlled Substances Act, the | 14 | | Director and agents appointed and authorized by
the Director | 15 | | may expend sums from the Professional Regulation Evidence Fund
| 16 | | that the Director deems necessary from the amounts appropriated | 17 | | for that
purpose. Those sums may be advanced to the agent when | 18 | | the Director deems that
procedure to be in the public interest. | 19 | | Sums for the purchase of controlled
substances, professional | 20 | | services, and equipment necessary for enforcement
activities | 21 | | and other activities as set forth in this Section shall be | 22 | | advanced
to the agent who is to make the purchase from the | 23 | | Professional Regulation
Evidence Fund on vouchers signed by the | 24 | | Director. The Director and those
agents are authorized to | 25 | | maintain one or more commercial checking accounts with
any | 26 | | State banking corporation or corporations organized under or |
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| 1 | | subject to the
Illinois Banking Act for the deposit and | 2 | | withdrawal of moneys to be used for
the purposes set forth in | 3 | | this Section; provided, that no check may be written
nor any | 4 | | withdrawal made from any such account except upon the written
| 5 | | signatures of 2 persons designated by the Director to write | 6 | | those checks and
make those withdrawals. Vouchers for those | 7 | | expenditures must be signed by the
Director. All such | 8 | | expenditures shall be audited by the Director, and the
audit | 9 | | shall be submitted to the Department of Central Management | 10 | | Services for
approval.
| 11 | | (d) Whenever the Department is authorized or required by | 12 | | law to consider
some aspect of criminal history record | 13 | | information for the purpose of carrying
out its statutory | 14 | | powers and responsibilities, then, upon request and payment
of | 15 | | fees in conformance with the requirements of Section 2605-400 | 16 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), | 17 | | the Department of State
Police is authorized to furnish, | 18 | | pursuant to positive identification, the
information contained | 19 | | in State files that is necessary to fulfill the request.
| 20 | | (e) The provisions of this Section do not apply to private | 21 | | business and
vocational schools as defined by Section 15 1 of | 22 | | the Private Business and
Vocational Schools Act of 2012 .
| 23 | | (f) Beginning July 1, 1995, this Section does not apply to | 24 | | those
professions, trades, and occupations licensed under the | 25 | | Real Estate License
Act of 2000, nor does it apply to any | 26 | | permits, certificates, or other
authorizations to do business |
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| 1 | | provided for in the Land Sales Registration Act
of 1989 or the | 2 | | Illinois Real Estate Time-Share Act.
| 3 | | (g) Notwithstanding anything that may appear in any | 4 | | individual licensing statute or administrative rule, the | 5 | | Department shall deny any license application or renewal | 6 | | authorized under any licensing Act administered by the | 7 | | Department to any person who has failed to file a return, or to | 8 | | pay the tax, penalty, or interest shown in a filed return, or | 9 | | to pay any final assessment of tax, penalty, or interest, as | 10 | | required by any tax Act administered by the Illinois Department | 11 | | of Revenue, until such time as the requirement of any such tax | 12 | | Act are satisfied; however, the Department may issue a license | 13 | | or renewal if the person has established a satisfactory | 14 | | repayment record as determined by the Illinois Department of | 15 | | Revenue. For the purpose of this Section, "satisfactory | 16 | | repayment record" shall be defined by rule.
| 17 | | In addition, a complaint filed with the Department by the | 18 | | Illinois Department of Revenue that includes a certification, | 19 | | signed by its Director or designee, attesting to the amount of | 20 | | the unpaid tax liability or the years for which a return was | 21 | | not filed, or both, is prima facia evidence of the licensee's | 22 | | failure to comply with the tax laws administered by the | 23 | | Illinois Department of Revenue. Upon receipt of that | 24 | | certification, the Department shall, without a hearing, | 25 | | immediately suspend all licenses held by the licensee. | 26 | | Enforcement of the Department's order shall be stayed for 60 |
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| 1 | | days. The Department shall provide notice of the suspension to | 2 | | the licensee by mailing a copy of the Department's order by | 3 | | certified and regular mail to the licensee's last known address | 4 | | as registered with the Department. The notice shall advise the | 5 | | licensee that the suspension shall be effective 60 days after | 6 | | the issuance of the Department's order unless the Department | 7 | | receives, from the licensee, a request for a hearing before the | 8 | | Department to dispute the matters contained in the order.
| 9 | | Any suspension imposed under this subsection (g) shall be | 10 | | terminated by the Department upon notification from the | 11 | | Illinois Department of Revenue that the licensee is in | 12 | | compliance with all tax laws administered by the Illinois | 13 | | Department of Revenue.
| 14 | | The Department shall promulgate rules for the | 15 | | administration of this subsection (g).
| 16 | | (h) The Department may grant the title "Retired", to be | 17 | | used immediately adjacent to the title of a profession | 18 | | regulated by the Department, to eligible retirees. The use of | 19 | | the title "Retired" shall not constitute representation of | 20 | | current licensure, registration, or certification. Any person | 21 | | without an active license, registration, or certificate in a | 22 | | profession that requires licensure, registration, or | 23 | | certification shall not be permitted to practice that | 24 | | profession. | 25 | | (i) Within 180 days after December 23, 2009 (the effective | 26 | | date of Public Act 96-852), the Department shall promulgate |
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| 1 | | rules which permit a person with a criminal record, who seeks a | 2 | | license or certificate in an occupation for which a criminal | 3 | | record is not expressly a per se bar, to apply to the | 4 | | Department for a non-binding, advisory opinion to be provided | 5 | | by the Board or body with the authority to issue the license or | 6 | | certificate as to whether his or her criminal record would bar | 7 | | the individual from the licensure or certification sought, | 8 | | should the individual meet all other licensure requirements | 9 | | including, but not limited to, the successful completion of the | 10 | | relevant examinations. | 11 | | (Source: P.A. 95-331, eff. 8-21-07; 96-459, eff. 8-14-09; | 12 | | 96-852, eff. 12-23-09; 96-1000, eff. 7-2-10.)
| 13 | | Section 505. The State Finance Act is amended by adding | 14 | | Section 5.809 as follows: | 15 | | (30 ILCS 105/5.809 new) | 16 | | Sec. 5.809. The Private Business and Vocational Schools | 17 | | Quality Assurance Fund. | 18 | | Section 510. The Riverboat Gambling Act is amended by | 19 | | changing 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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| 1 | | applicant upon the
payment of a non-refundable fee set by the | 2 | | Board, upon a determination by
the Board that the applicant is | 3 | | eligible for an occupational license and
upon payment of an | 4 | | annual license fee in an amount to be established. To
be | 5 | | eligible 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 | 8 | | on forms
prescribed by the Board and shall contain all | 9 | | information required by the
Board. The applicant shall set | 10 | | forth in the application: whether he has been
issued prior | 11 | | gambling related licenses; whether he has been licensed in any
| 12 | | other state under any other name, and, if so, such name and his | 13 | | age; and
whether or not a permit or license issued to him in | 14 | | any other state has
been suspended, restricted or revoked, and, | 15 | | if so, for what period of time.
| 16 | | (c) Each applicant shall submit with his application, on | 17 | | forms provided
by the Board, 2 sets of his fingerprints. The | 18 | | Board shall charge each
applicant a fee set by the Department | 19 | | of State Police to defray the costs
associated with the search | 20 | | and classification of fingerprints obtained by
the Board with | 21 | | respect to the applicant's application. These fees shall be
| 22 | | paid into the State Police Services Fund.
| 23 | | (d) The Board may in its discretion refuse an occupational | 24 | | license to
any person: (1) who is unqualified to perform the | 25 | | duties required of such
applicant; (2) who fails to disclose or | 26 | | states 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 | 2 | | whose prior gambling related license or
application therefor | 3 | | has been suspended, restricted, revoked or denied for
just | 4 | | cause in any other state; or (4) for any other just cause.
| 5 | | (e) The Board may suspend, revoke or restrict any | 6 | | occupational licensee:
(1) for violation of any provision of | 7 | | this Act; (2) for violation of any
of the rules and regulations | 8 | | of the Board; (3) for any cause which, if
known to the Board, | 9 | | would have disqualified the applicant from receiving
such | 10 | | license; or (4) for default in the payment of any obligation or | 11 | | debt
due to the State of Illinois; or (5) for any other just | 12 | | cause.
| 13 | | (f) A person who knowingly makes a false statement on an | 14 | | application is
guilty of a Class A misdemeanor.
| 15 | | (g) Any license issued pursuant to this Section shall be | 16 | | valid for a
period of one year from the date of issuance.
| 17 | | (h) Nothing in this Act shall be interpreted to prohibit a | 18 | | licensed
owner from entering into an agreement with a public | 19 | | community college or a school approved under the
Private | 20 | | Business and Vocational Schools Act of 2012 for the training of | 21 | | any
occupational licensee. Any training offered by such a | 22 | | school shall be in
accordance with a written agreement between | 23 | | the licensed owner and the school.
| 24 | | (i) Any training provided for occupational licensees may be | 25 | | conducted
either on the riverboat or at a school with which a | 26 | | licensed owner has
entered into an agreement pursuant to |
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| 1 | | subsection (h).
| 2 | | (Source: P.A. 96-1392, eff. 1-1-11.)
| 3 | | Section 515. The Illinois Public Aid Code is amended by | 4 | | changing 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 | 7 | | defined in
the Private Business and Vocational Schools Act of | 8 | | 2012 ,
may solicit an
applicant or recipient within a public aid | 9 | | office or within 100 feet of a
public aid office, for the | 10 | | purpose of enrolling the applicant or recipient
in a work or | 11 | | training program, without the express written consent of the
| 12 | | Illinois Department.
Any person violating this Section shall be | 13 | | guilty of a Class A misdemeanor.
"Public aid office" for the | 14 | | purpose of this Section includes any
business office of the | 15 | | Department where a person may apply for or receive
benefits or | 16 | | services under this Code, the building in which such office is
| 17 | | located, and any parking area connected to such office that is | 18 | | owned or
leased by the State for the benefit of the Department | 19 | | for use by personnel
of the Department or by applicants or | 20 | | recipients.
| 21 | | (Source: P.A. 85-1383.)
| 22 | | Section 520. The Children's Privacy Protection and | 23 | | Parental Empowerment Act is amended by changing Section 15 as |
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| 1 | | follows:
| 2 | | (325 ILCS 17/15)
| 3 | | Sec. 15. Information brokers.
| 4 | | (a) For the purpose of this Act, the consent of a parent to | 5 | | the sale or
purchase of
information concerning a child is | 6 | | presumed unless the parent withdraws consent
under
this | 7 | | Section.
| 8 | | A person who brokers or facilitates the sale of personal | 9 | | information
concerning
children must, upon written request | 10 | | from a parent that specifically identifies
the child,
provide | 11 | | to the parent within 20 days of the written request procedures | 12 | | that the
parent
must follow in order to withdraw consent to use | 13 | | personal information relating
to that
child. The person who | 14 | | brokers or facilitates the sale of personal information
must
| 15 | | discontinue disclosing a child's personal information within | 16 | | 20 days after the
parent has
completed the procedures to | 17 | | withdraw consent to use personal information
relating to that
| 18 | | child.
| 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 | 11 | | Practices Act is amended by adding Section 2MMM as follows: | 12 | | (815 ILCS 505/2MMM new) | 13 | | Sec. 2MMM. Violations of the Private Business and | 14 | | Vocational Schools Act of 2012. A school subject to the Private | 15 | | Business
and Vocational Schools Act of 2012 commits an unlawful | 16 | | practice
when it violates subsection (c) of Section 85 of the | 17 | | Private Business and Vocational Schools Act of 2012.
| 18 | | (105 ILCS 425/Act rep.)
| 19 | | Section 900. The Private Business and Vocational Schools | 20 | | Act is repealed.
| 21 | | Section 999. Effective date. This Act takes effect February | 22 | | 1, 2012.".
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