Sec. 10a-16. Adoption of regulations re granting of tuition waiver. The Board
of Governors of Higher Education shall adopt regulations in accordance with the provisions of chapter 54 for determining financial need for tuition waivers granted pursuant
to subsection (f) of section 10a-77, subsection (f) of section 10a-99 and subsection (g)
of section 10a-105. Such regulations shall prohibit the designation of graduate students
as graduate assistants solely to provide tuition and fee waivers.
(P.A. 82-218, S. 37, 46; 82-463, S. 5, 7; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 4, 16; 91-303, S. 5, 22; P.A. 92-126, S.
35, 48; P.A. 09-159, S. 7.)
History: P.A. 82-218 replaced board of higher education, cited in P.A. 82-463, with board of governors pursuant to
reorganization of higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board of
governors' title; P.A. 91-174 prohibited designation of graduate assistants solely to provide tuition and fee waivers; P.A.
91-303 made a technical change; P.A. 92-126 removed a reference to repealed Sec. 10a-83; P.A. 09-159 made conforming
changes to internal references, effective July 1, 2009.
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Sec. 10a-19g. Kirklyn M. Kerr grant program. The program established by the
Department of Higher Education to provide grants to assist residents of this state to
pursue degrees in veterinary medicine shall be known as the Kirklyn M. Kerr grant
program.
(P.A. 09-159, S. 3.)
History: P.A. 09-159 effective July 1, 2009.
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Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as private
occupational school. Application. Evaluation. Hospital-based occupational school.
(a) No person, board, association, partnership, corporation, limited liability company
or other entity shall offer instruction in any form or manner in any trade or in any
industrial, commercial, service, professional or other occupation unless such person,
board, association, partnership, corporation, limited liability company or other entity
first receives from the commissioner a certificate authorizing the occupational instruction to be offered.
(b) Except for initial authorizations, the commissioner shall accept institutional accreditation by an accrediting agency recognized by the United States Department of
Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation and attendance requirement, unless the commissioner finds reasonable cause not to rely upon such accreditation.
(c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the
commissioner, or the commissioner's designee, in such manner as the commissioner, or
the commissioner's designee, prescribes, an application for a certificate of authorization
which includes, but need not be limited to, (1) the proposed name of the school; (2)
ownership and organization of the school including the names and addresses of all
principals, officers, members and directors; (3) names and addresses of all stockholders
of the school, except for applicants which are listed on a national securities exchange;
(4) addresses of any building or premises on which the school will be located; (5) description of the occupational instruction to be offered; (6) the proposed student enrollment
agreement, which includes for each program of occupational instruction offered a description, in plain language, of any requirements for employment in such occupation or
barriers to such employment pursuant to state law or regulations; (7) the proposed school
catalog, which includes for each program of occupational instruction offered a description of any requirements for employment in such occupation or barriers to such employment pursuant to state law or regulations; (8) financial statements detailing the financial
condition of the school pursuant to subsection (d) of this section and subsection (g) of
section 10a-22d prepared by management and reviewed or audited by an independent
licensed certified public accountant or independent licensed public accountant; and (9)
an agent for service of process. Each application for initial authorization shall be accompanied by a nonrefundable application fee made payable to the private occupational
school student protection account in the amount of two thousand dollars for the private
occupational school and two hundred dollars for each branch of a private occupational
school in this state.
(d) Each person, board, association, partnership, corporation, limited liability company or other entity seeking to offer occupational instruction shall have a net worth
consisting of sufficient liquid assets or produce other evidence of fiscal soundness to
demonstrate the ability of the proposed private occupational school to operate, achieve
all of its objectives and meet all of its obligations, including those concerning staff and
students, during the period of time for which the authorization is sought.
(e) Upon receipt of a complete application pursuant to subsection (c) of this section,
the commissioner shall cause to be conducted an evaluation of the applicant school.
Thereafter, the commissioner shall advise the applicant of authorization or nonauthorization not later than one hundred twenty days following the completed appointment of
an evaluation team pursuant to subsection (e) of this section. The commissioner may
consult with the Labor Department and may request the advice of any other state agency
which may be of assistance in making a determination. In the event of nonauthorization
by the commissioner, he shall set forth the reasons therefor in writing and the applicant
school may request in writing a hearing before the commissioner. Such hearing shall
be held in accordance with the provisions of chapter 54.
(f) For purposes of an evaluation of an applicant school, the commissioner, or the
commissioner's designee, shall appoint an evaluation team which shall include (1) at
least two members representing the Board of Governors, and (2) at least one member
for each of the areas of occupational instruction for which authorization is sought who
shall be experienced in such occupation. The applicant school shall have the right to
challenge any proposed member of the evaluation team for good cause shown. A written
challenge shall be filed with the commissioner within ten business days following the
appointment of such evaluation team. In the event of a challenge, a decision shall be
made thereon by the Commissioner of Higher Education within ten business days from
the date such challenge is filed, and if the challenge is upheld the Commissioner of
Higher Education shall appoint a replacement. Employees of the state or any political
subdivision of the state may be members of evaluation teams. The commissioner, or
the commissioner's designee, shall not appoint any person to an evaluation team unless
the commissioner, or such designee, has received from such person a statement that the
person has no interest which is in conflict with the proper discharge of the duties of
evaluation team members as described in this section. The statement shall be on a form
prescribed by the commissioner and shall be signed under penalty of false statement.
Members of the evaluation team shall serve without compensation. Except for any member of the evaluation team who is a state employee, members shall be reimbursed for
actual expenses, which expenses shall be charged to and paid by the applicant school.
(g) The evaluation team appointed pursuant to subsection (f) of this section shall:
(1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of
noncompliance; (3) give the school sixty days from the date of the report to provide
evidence of compliance; and (4) submit to the commissioner a written report recommending authorization or nonauthorization not later than one hundred twenty days after
the on-site inspection. The evaluation team shall determine whether (A) the quality and
content of each course or program of instruction, including, but not limited to, residential,
on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B)
the school has adequate space, equipment, instructional materials and personnel for the
instruction offered; (C) the qualifications of directors, administrators, supervisors and
instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students
and other interested persons shall be provided with a catalog or similar publication
describing the courses and programs offered, course and program objectives, length
of courses and programs, schedule of tuition, fees and all other charges and expenses
necessary for completion of the course or program, and termination, withdrawal and
refund policies; (E) upon satisfactory completion of the course or program, each student
shall be provided appropriate educational credentials by the school; (F) adequate records
shall be maintained by the school to show attendance and grades, or other indicators of
student progress, and standards shall be enforced relating to attendance and student
performance; (G) the applicant school shall be financially sound and capable of fulfilling
its commitments to students; (H) any student housing owned, leased, rented or otherwise
maintained by the applicant school shall be safe and adequate; and (I) the school and
any branch of the school in this state has a director located at the school or branch who
is responsible for daily oversight of the school's or branch's operations. The evaluation
team may also indicate in its report such recommendations as may improve the operation
of the applicant school.
(h) Any hospital offering instruction in any form or manner in any trade, industrial,
commercial, service, professional or other occupation for any remuneration, consideration, reward or promise, except to hospital employees, members of the medical staff
and training for contracted workers, shall obtain a certificate of authorization from the
Commissioner of Higher Education for the occupational instruction offered. Each hospital-based occupational school submitting an application for initial authorization shall
pay an application fee of two hundred dollars made payable to the private occupational
school student protection account. The commissioner shall develop a process for prioritizing the authorization of hospital-based occupational schools based on size and scope
of occupational instruction offered. Such schools shall be in compliance with this section
when required pursuant to the commissioner's process, or by 2012, whichever is earlier.
(P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93-294, S. 2, 17; P.A. 97-138; May 9 Sp. Sess. P.A. 02-7, S. 14; P.A. 06-150, S. 2; P.A. 07-164, S. 2; 07-166, S. 4, 5; P.A.
08-116, S. 8; P.A. 09-99, S. 1.)
History: P.A. 83-501 amended Subsec. (b)(8) to provide that financial statement is to be prepared by management of
the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested
to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased
the number of days the state board of education has to make a decision on a challenge from 14 to 45; P.A. 89-251 increased
the application fee from $250 to $500; P.A. 90-198 in Subsec. (d) allowed a designee of the commissioner to appoint an
evaluation team, added to the team an additional member representing the state board of education, removed the member
who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted
10 business days for 14 days as the time within which a challenge shall be filed, substituted the commissioner of education
for the state board of education as the person to make decisions on challenges, decreased the number of days to make a
decision on a challenge from 45 days to 10 business days, allowed employees of the state or political subdivisions to be
members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made
changes necessitated by the transfer of authority for the authorization of the schools from the department of education to
the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b
in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by
accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section
and Sec. 10a-22d, except for initial authorizations; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by adding reference
to attendance requirement, effective August 15, 2002; P.A. 06-150 amended Subsec. (a) to include limited liability companies as entities required to receive certificate of authority, change "occupational" instruction to instruction "in any form
or manner in any trade, or in any industrial, commercial, service, professional or other occupation" and designate part of
subsection as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to require application for certification to include names and addresses of members of school, financial statements to be prepared by independent licensed certified public accountant or independent licensed public accountant and designation of agent for service
of process and to increase application fee from $500 to $2,000, payable to private occupational school student protection
account, redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to change time period for notification
of authorization or nonauthorization from "within ninety" to "not later than one hundred twenty" days, redesignated existing
Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended subsection to add new Subdivs.
(1) to (4) re requirements of evaluation team, redesignate existing Subdivs. (1) to (8) as Subparas. (A) to (H), include
"residential, on-line, home study and correspondence" in Subpara. (A) and change "cancellation" to "termination, withdrawal" in Subpara. (D), and added "commissioner's designee" and made conforming and technical changes throughout
section; P.A. 07-164 amended Subsec. (c) to require application for certificate of authorization to include in student
enrollment agreement and school catalog a description of requirements for and barriers to employment for each program
of occupational instruction and to make a technical change; P.A. 07-166 made technical changes in Subsecs. (a) and (f),
effective June 19, 2007; P.A. 08-116 added Subsec. (g) re certificate of authorization application requirements for hospital-based occupational schools, effective July 1, 2008; P.A. 09-99 amended Subsec. (c) by adding references to Subsec. (d)
and Sec. 10a-22d(g) in Subdiv. (8) and adding provision re application fee of $200 for each branch in Subdiv. (9), added
new Subsec. (d) re applicants' fiscal soundness, redesignated existing Subsecs. (d) to (g) as Subsecs. (e) to (h), amended
redesignated Subsec. (e) by replacing "Board of Governors" with "commissioner" re hearing request, amended redesignated
Subsec. (g) by adding Subpara. (I) requiring director to be located at school and any branch, and made conforming and
technical changes, effective July 1, 2009.
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Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be
authorized. (a) No certificate to operate a private occupational school shall be authorized by the commissioner, or the commissioner's designee, if (1) any principal, officer,
member or director of the applicant school has acted in a similar capacity for a private
occupational school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid
assets or other evidence of fiscal soundness to operate for the period of time for which
authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or
unfair; (4) the applicant school has any policy which discourages or prohibits the filing
of inquiries or complaints regarding the school's operation with the commissioner; (5)
the applicant school fails to satisfactorily meet the criteria set forth in subsection (g) of
section 10a-22b; (6) a private occupational school that has previously closed fails to
follow the procedures for school closure under section 10a-22m; or (7) the applicant
school does not have a director located at the school and at each of its branches in
this state.
(b) The commissioner may deny a certificate of authorization if the person who
owns or intends to operate a private occupational school has been convicted in this state,
or any other state, of larceny in violation of section 53a-122 or 53a-123; identity theft
in violation of section 53a-129b or 53a-129c; forgery in violation of section 53a-138
or 53a-139; or has a criminal record in this state, or any other state, that the commissioner
reasonably believes renders the person unsuitable to own and operate a private occupational school. A refusal of a certificate of authorization under this subsection shall be
made in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
(c) No certificate to operate a private occupational school shall be issued by the
commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner certificates indicating that the buildings
and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement
officer within the municipality in which such school is located.
(d) No certificate to operate a new private occupational school shall be issued by
the commissioner pursuant to section 10a-22d until such private occupational school
seeking authorization files with the commissioner an irrevocable letter of credit issued
by a bank with its main office or branch located within this state in the penal amount
of forty thousand dollars guaranteeing the payments required of the school to the private
occupational school student protection account in accordance with the provisions of
section 10a-22u. The letter of credit shall be payable to the private occupational school
student protection account in the event that such school fails to make payments to the
account as provided in subsection (a) of section 10a-22u or in the event the state takes
action to reimburse the account for a tuition refund paid to a student pursuant to the
provisions of section 10a-22v, provided the amount of the letter of credit to be paid into
the private occupational school student protection account shall not exceed the amounts
owed to the account. The letter of credit required by this subsection shall be released
twelve years after the date of initial approval, provided evidence of fiscal soundness
has been verified.
(e) The commissioner shall notify the applicant private occupational school, by
certified mail, return receipt requested of the decision to grant or deny a certificate of
authorization not later than sixty days after receiving the written report of the evaluation
team appointed pursuant to subsection (f) of section 10a-22b.
(P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294, S. 3, 17; P.A. 05-60, S. 1; P.A.
06-150, S. 3; P.A. 09-99, S. 2.)
History: P.A. 83-194 added Subsec. (c) requiring new private occupational schools to file an irrevocable letter of credit
in the penal amount of $10,000 (Revisor's note: The name "Default Assurance Fund" was changed editorially by the
Revisors to "Private Occupational School Student Protection Fund" by authority of P.A. 83-150); P.A. 83-501 amended
Subsec. (a) adding provision that authorization to operate will be withheld if school has any policy which discourages or
prohibits the filing of inquiries or complaints regarding the school's operation; P.A. 93-294 made changes necessitated by
the transfer of authority for the authorization of the schools from the department of education to the department of higher
education and amended Subsec. (c) to change the provision for the excusing of the letter of credit based on five years from
the date of the letter of credit to five years from the date of initial approval and to remove obsolete language, effective July
1, 1993; Sec. 10-7c transferred to Sec. 10a-22c in 1995; (Revisor's note: In 1997 references in Subsec. (c) to the "Private
Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school
protection account" to conform section with Sec. 10a-22u); P.A. 05-60 amended Subsec. (c) to raise penal amount from
$10,000 to $20,000 and to increase the dollar amount and time period required to excuse the letter of credit from $10,000
to $20,000 and from five to eight years, respectively, effective July 1, 2005; P.A. 06-150 amended Subsec. (a) to include
"member" in Subdiv. (1) and to add Subdivs. (5) and (6) re criteria for denial of certificate of authorization, added new
Subsec. (b) re criteria for denial of certificate of authority based on criminal record, redesignated existing Subsec. (b) as
Subsec. (c), redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to eliminate provision re release of
letter of credit upon payment by school of $20,000 into private occupational school student protection account and to
require verification of evidence of fiscal soundness prior to release, added Subsec. (e) re notification of decision to grant
or deny certificate of authority and made conforming and technical changes throughout section; P.A. 09-99 amended
Subsec. (a) by adding Subdiv. (7) re director located at school and each branch, amended Subsec. (d) by requiring letter
of credit to be issued by an in-state bank, increasing amount of the letter of credit from $20,000 to $40,000 and extending
from 8 to 12 the number of years after which the letter of credit is released, and made conforming changes, effective July
1, 2009.
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Sec. 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal,
fees, probation, extension. (a) After the initial year of approval and for the next three
years of operation as a private occupational school, renewal of the certificate of authorization shall be required annually.
(b) Following the fourth year of continuous authorization, a renewal of the certificate of authorization, if granted, shall be for a period not to exceed five years and may
be subject to an evaluation pursuant to subsections (f) and (g) of section 10a-22b, provided no private occupational school shall operate for more than five additional years
from the date of any renewal without the completion of an evaluation pursuant to subsections (f) and (g) of section 10a-22b.
(c) Renewal of the certificate of authorization shall be granted only upon (1) payment of a nonrefundable renewal fee to the Board of Governors in the amount of two
hundred dollars for the private occupational school and two hundred dollars for each
branch of a private occupational school, (2) submission of any reports or audits, as
prescribed by the commissioner or the commissioner's designee, concerning the fiscal
condition of the school or its continuing eligibility to participate in federal student financial aid programs, (3) the filing with the commissioner of a complete application for a
renewed certificate of authorization not less than one hundred twenty days prior to the
termination date of the most recent certificate of authorization, (4) a determination that
the occupational school meets all the conditions of its recent authorization, and the filing
of documentation with the commissioner that the occupational school has a passing
financial ratio score as required by 34 CFR 668, as amended from time to time.
(d) If the commissioner, or the commissioner's designee, determines, at any time
during a school's authorization period, that such school is out of compliance with the
conditions of authorization under sections 10a-22a to 10a-22o, inclusive, and any applicable regulations of Connecticut state agencies, the school may be placed on probation
for a period not to exceed one year. If, after the period of one year of probationary
status, the school remains out of compliance with the conditions of authorization, the
commissioner may revoke such school's certificate of authorization to operate as a
private occupational school pursuant to section 10a-22f. During the school's period of
probation, the school shall post its probationary certificate of authorization in public
view. The Department of Higher Education may publish the school's probationary certificate of authorization status.
(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, inclusive, the
commissioner may authorize the extension of the most recent certificate of authorization
for a period not to exceed sixty days for good cause shown, provided such extension
shall not change the date of the original certificate's issuance or the date for each renewal.
(f) After the first year of authorization, each private occupational school shall pay
a nonrefundable annual fee to the private occupational school student protection account
in the amount of two hundred dollars for the private occupational school and two hundred
dollars for each branch of a private occupational school. The annual fee shall be due
and payable for each year after the first year of authorization that the private occupational
school and any branch of a private occupational school is authorized by the commissioner to offer occupational instruction. Such annual fee shall be in addition to any
renewal fee assessed under this section.
(g) Each private occupational school shall keep financial records in conformity with
generally accepted accounting principles. An annual financial statement detailing the
financial status of the school shall be prepared by school management and reviewed
or audited by a licensed certified public accountant or licensed public accountant in
accordance with standards established by the American Institute of Certified Public
Accountants. A copy of such financial statement shall be filed with the commissioner
on or before the last day of the fourth month following the end of the school's fiscal
year, except in the case of a nationally accredited school recognized by the United States
Department of Education, in which case such financial statement shall be due on or
before the last day of the sixth month following the end of the school's fiscal year. Only
audited financial statements shall be accepted from a nationally accredited school. Upon
a nonaccredited school's written request, the commissioner may authorize, for good
cause shown, a filing extension for a period not to exceed sixty days. No filing extensions
shall be granted to a nationally accredited school.
(P.A. 79-380, S. 4; P.A. 83-501, S. 4, 12; P.A. 86-48, S. 1, 5 P.A. 88-360, S. 2, 63; P.A. 91-295, S. 2, 7; P.A. 93-294,
S. 4, 17; P.A. 06-150, S. 4; P.A. 09-99, S. 3.)
History: P.A. 83-501 replaced former section which provided that after initial authorization, renewal was required every
three years with provision that would require annual authorization for a period of three years after which renewal will be
for a period of three years; P.A. 86-48 added Subsec. (a) and Subdiv. (1) designations and requirement for payment of
additional fees for extension or branch schools in Subsec. (a), added Subsec. (a)(2) re time limit for filing of an application
for a renewal certificate and added Subsec. (b) re extension of certificate; P.A. 88-360 amended Subsec. (b) to provide
that an extension shall not change the date of the original certificate's issuance or the date for each renewal; P.A. 91-295
in Subsec. (a) deleted requirement for an evaluation at the time of each renewal and added provision that no school operate
for more than three additional years from the date of any renewal without an evaluation; P.A. 93-294 made changes
necessitated by the transfer of authority for the authorization of schools from the department of education to the department
of higher education, amended Subsec. (a) to provide for a five-year renewal instead of a three-year renewal, to add Subdiv.
(2) re federal reports and audits and renumbered the existing Subdiv. (2) as Subdiv. (3) and added the exception clause on
probationary authorization, effective July 1, 1993; Sec. 10-7d transferred to Sec. 10a-22d in 1995; P.A. 06-150 amended
Subsec. (a) to provide for annual renewal of authorization after initial year of operation and next three years and to designate
parts of subsection as new Subsecs. (b) and (c), amended said Subsec. (c) to increase annual fee from $100 to $200, require
additional fee of $200 for each branch school, require submission of all reports or audits re fiscal condition of school,
delete provisions re failure to renew authorization and issuance of probationary authorization and add Subdiv. (4) re criteria
for renewal of authorization, added Subsec. (d) re probation and revocation of certificate of authorization, redesignated
existing Subsec. (b) as Subsec. (e) and made conforming and technical changes throughout section; P.A. 09-99 amended
Subsec. (a) by inserting "renewal of the certificate of", made conforming changes in Subsec. (b), amended Subsec. (c) by
rephrasing provisions re payment of fees for renewal of certificate of authorization in Subdiv. (1), inserting "as prescribed
by the commissioner or the commissioner's designee" in Subdiv. (2) and requiring school to have passing financial ratio
score, and added Subsec. (f) re payment of annual fee to student protection account and Subsec. (g) re maintenance of
financial records, effective July 1, 2009.
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Sec. 10a-22e. (Formerly Sec. 10-7f). Revision of conditions of authorization.
(a) During any period of authorization by the commissioner to operate as a private
occupational school pursuant to sections 10a-22a to 10a-22o, inclusive, and sections
10a-22u to 10a-22w, inclusive, such private occupational school may request revision
of the conditions of its authorization. Such school shall make such request to the commissioner, in the manner and on such forms prescribed by the commissioner sixty days
prior to the proposed implementation date of any intended revision. Such revision shall
include, but not be limited to, changes in (1) courses or programs; (2) ownership of the
school; (3) name of the school; (4) location of the school's main campus; or (5) location
of any of the school's additional classroom sites or branch campuses. A private occupational school requesting revision of the conditions of its authorization based on a change
in ownership of the school shall submit an application and letter of credit pursuant to
sections 10a-22b and 10a-22c, accompanied by a nonrefundable change of ownership
fee made payable to the private occupational school student protection account under
section 10a-22u in the amount of two thousand dollars for the private occupational
school and two hundred dollars for each branch of a private occupational school in
this state.
(b) The commissioner, or the commissioner's designee, may, not later than thirty
days after receipt of a request to revise the conditions of authorization, issue an order
prohibiting any such change if it would constitute a material or substantial deviation
from the conditions of authorization.
(c) If the commissioner, or the commissioner's designee, fails to take action upon
a request for revision by the thirtieth day following the proposed implementation date
of the intended revision, such request shall be deemed approved, and the private occupational school's certificate of authorization shall be so revised for the same period as its
current authorization.
(P.A. 79-380, S. 6; P.A. 83-501, S. 5, 12; P.A. 93-294, S. 5, 17; P.A. 06-150, S. 5; P.A. 09-99, S. 4.)
History: P.A. 83-501 added provision requiring 30 days notice prior to any revision in conditions of authorization,
including notification of changes in courses or programs, ownership of school, name of school or location of school; P.A.
93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of
education to the department of higher education, effective July 1, 1993; Sec. 10-7f transferred to Sec. 10a-22e in 1995;
P.A. 06-150 divided existing provisions into Subsecs. (a) and (b), amended Subsec. (a) to make conforming changes, to
permit schools to request revision of conditions of authorization 60 days prior to implementation date of proposed revision
instead of 30 days prior to intended revision, to permit change in location of school's main campus in Subdiv. (4), and to
add Subdiv. (5) to permit change in location of additional classroom sites or branches, amended Subsec. (b) to permit
commissioner or designee to issue order prohibiting change not later than 30 days after receipt of request for revision and
delete language re appeal of order to Board of Governors, and added Subsec. (c) re approval of request for revision if
commissioner or designee fails to act by thirtieth day; P.A. 09-99 amended Subsec. (a) by adding requirements for requesting
revision of conditions of authorization based on change in school ownership, effective July 1, 2009.
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Sec. 10a-22f. (Formerly Sec. 10-7g). Revocation of certificate of authorization.
(a) A certificate of authorization issued to a private occupational school pursuant to
sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive,
may be revoked by the commissioner if such school (1) ceases to meet the conditions
of its authorization; (2) commits a material or substantial violation of sections 10a-22a
to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive, or the regulations
prescribed thereunder; (3) makes a false statement about a material fact in application
for authorization or renewal; or (4) fails to make a required payment to the private
occupational school student protection account pursuant to section 10a-22u.
(b) The commissioner, or the commissioner's designee, shall serve written notice,
by certified mail, return receipt requested upon a private occupational school indicating
that revocation of the school's authorization is under consideration and the commissioner shall set forth the reasons such revocation is being considered. Not later than forty-five days after mailing such written notice, the commissioner, or the commissioner's
designee, shall hold a compliance conference with the private occupational school.
(c) If, after the compliance conference, the commissioner determines that revocation of the certificate of authorization is appropriate, the commissioner shall issue an
order and serve written notice by certified mail, return receipt requested upon the private
occupational school, which notice shall include, but not be limited to, the date of the
revocation.
(d) A private occupational school aggrieved by the order of the commissioner revoking its certificate of authorization pursuant to subsection (c) of this section shall, not
later than fifteen days after such order is mailed, request in writing a hearing before the
commissioner. Such hearing shall be held in accordance with the provisions of chapter 54.
(P.A. 79-380, S. 7; P.A. 84-176, S. 1, 5; P.A. 86-48, S. 2, 5; P.A. 87-434, S. 2, 5; P.A. 93-294, S. 6, 17; P.A. 96-180,
S. 15, 166; 96-244, S. 31, 63; P.A. 06-150, S. 6; P.A. 09-99, S. 5.)
History: P.A. 84-176 amended Subsec. (b) to clarify that a school aggrieved by a decision may request a hearing within
14 administrative days after "receipt of written notice" of the completion of an administrative review; P.A. 86-48 amended
Subsec. (b) to add time limit for giving of written notice of the determination of the administrative review and to substitute
the word "days" for "administrative days" (Revisor's note: References in Subsec. (a) to repealed Sec. 10-7e were deleted
editorially by the Revisors); P.A. 87-434 specified when the review is to begin and be completed and extended the amount
of time to give written notice of the conclusions of the review; P.A. 93-294 made changes necessitated by the transfer of
authority for the authorization of the schools from the department of education to the department of higher education and
made technical changes, effective July 1, 1993; Sec. 10-7g transferred to Sec. 10a-22f in 1995; P.A. 96-180 amended
Subsec. (a) by substituting "student protection account" for "default assurance fund", effective June 3, 1996; P.A. 96-244
also amended Subsec. (a) by replacing "default assurance fund" with "private occupational school student protection
account", effective July 1, 1996; P.A. 06-150 amended Subsec. (a) to make technical changes and, in Subdiv. (3), include
false statement in application for renewal as basis for revocation of certification of authorization, amended Subsec. (b) to
insert "or the commissioner's designee", require notice of consideration of revocation to be given by certified mail, return
receipt requested, delete provisions re administrative review of consideration of revocation and add provision requiring
commissioner or commissioner's designee to hold compliance conference with school, added Subsec. (c) re order by
commissioner of revocation of authorization and added Subsec. (d) permitting appeal by aggrieved school to Board of
Governors; P.A. 09-99 amended Subsec. (d) by replacing "Board of Governors" with "commissioner".
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Sec. 10a-22g. (Formerly Sec. 10-7h). Additional classroom sites and branch
schools. (a) A private occupational school which is authorized by the commissioner
pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w,
inclusive, may request authorization to establish and operate additional classroom sites
or branch schools for the purpose of offering the occupational instruction authorized
by the commissioner, provided the additional classroom site or branch school complies
with the provisions of subsection (b) of this section. Such school shall make such request
for authorization to operate an additional classroom site or branch school, in the manner
and on such forms as prescribed by the commissioner, at least thirty days prior to the
proposed establishment of such additional classroom site or branch school.
(b) The buildings and premises for such additional classroom site or branch school
shall meet all applicable state and local fire and zoning requirements, and certificates
attesting the same signed by the local fire marshal and zoning enforcement officer shall
be filed with the commissioner prior to offering such occupational instruction. The
additional classroom site or branch school shall be in compliance with the relevant
requirements set forth in subsection (g) of section 10a-22b.
(c) The commissioner, or the commissioner's designee, not later than thirty days
after the proposed date for establishment of a branch school, may issue an order prohibiting any such establishment of a branch school if it would constitute a material or
substantial deviation from the conditions of authorization or if the private occupational
school fails to meet the requirements set forth in subsection (b) of this section.
(d) If the commissioner, or the commissioner's designee, fails to take action upon
the request for revision by the thirtieth day after the proposed date for establishment of
such additional classroom site or branch school, such request shall be deemed approved.
(P.A. 79-380, S. 8; P.A. 83-501, S. 6, 12; P.A. 91-295, S. 3, 7; P.A. 93-294, S. 7, 17; P.A. 06-150, S. 7; P.A. 09-99, S. 6.)
History: P.A. 83-501 amended Subsec. (a) requiring evaluation of branch or extension school pursuant to Subsec. (e)
of Sec. 10-7b and requiring payment of $50 nonrefundable fee; P.A. 91-295 in Subsec. (a) increased the fee from $50 to
$100; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the
department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec.
10-7h transferred to Sec. 10a-22g in 1995; P.A. 06-150 amended Subsec. (a) to permit schools to request authorization to
establish and operate additional classroom sites, require that additional classroom sites and branch schools comply with
provisions of Subsec. (b), require request for authorization to be made at least 30 days prior to proposed establishment of
additional classroom site or branch school and designate part of subsection as new Subsec. (b), amended said Subsec. (b)
to make provisions applicable to additional classroom site and branch school, delete provisions requiring that notice of
extension or branch operation and course or program of instruction offered be filed with commissioner, increase amount
of annual fee from $100 to $200 to be paid into the private occupational school student protection account, redesignated
existing Subsec. (b) as Subsec. (c) and amended subsection to permit commissioner or commissioner's designee to issue
order prohibiting establishment of branch school not later than 30 days after proposed date for establishment of branch
school and to add failure of school to meet requirements of Subsec. (b) as reason for issuing order, added Subsec. (d) re
approval of request upon failure of commissioner or commissioner's designee to act on request by thirtieth day after
proposed date for establishment of additional classroom site or branch school, and made technical and conforming changes
throughout section; P.A. 09-99 amended Subsec. (b) by making a conforming change and deleting requirement re fee paid
annually to student protection account, effective July 1, 2009.
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Sec. 10a-22i. (Formerly Sec. 10-7j). Administrative penalty. (a) The commissioner may assess any person, board, partnership, association, corporation, limited liability company or other entity which violates any provision of sections 10a-22a to 10a-22o, inclusive, sections 10a-22u to 10a-22w, inclusive, or regulations adopted pursuant
to section 10a-22k an administrative penalty in an amount not to exceed five hundred
dollars for each day of such violation.
(b) The commissioner shall serve written notice upon a private occupational school
when the assessment of such an administrative penalty is under consideration. The notice
shall set forth the reasons for the assessment of the penalty. Not later than forty-five
days after mailing such notice to the private occupational school, the commissioner,
or the commissioner's designee, shall hold a compliance conference with the private
occupational school.
(c) If, after the compliance conference, the commissioner determines that imposition of an administrative penalty is appropriate, the commissioner shall issue an order
and serve written notice by certified mail, return receipt requested upon the private
occupational school.
(d) A private occupational school aggrieved by the order of the commissioner imposing an administrative penalty pursuant to subsection (c) of this section shall, not later
than fifteen days after such order is mailed, request in writing a hearing before the
commissioner. Such hearing shall be held in accordance with the provisions of chapter 54.
(P.A. 79-380, S. 10; P.A. 84-176, S. 2, 5; P.A. 86-48, S. 3, 5; P.A. 90-198, S. 2, 5; P.A. 93-294, S. 9, 17; P.A. 06-150,
S. 9; P.A. 09-99, S. 7; 09-116, S. 1.)
History: P.A. 84-176 amended section inserting references to Secs. 10-7f to 10-7l, inclusive, and clarifying that the
penalty to be assessed is an administrative penalty; P.A. 86-48 added Subsec. (a) designation and substituted "commissioner" for "state board" in Subsec. (a) and added Subsec. (b) re procedures for assessing the penalty and for appeal; P.A.
90-198 in Subsec. (b) increased the number of days for completion of an administrative review from 21 to 45; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education
to the department of higher education, effective July 1, 1993; Sec. 10-7j transferred to Sec. 10a-22i in 1995; P.A. 06-150
amended Subsec. (a) to make conforming changes and include limited liability companies as entities subject to administrative penalty, amended Subsec. (b) to insert "an administrative", delete provisions re process for administrative review and
hearing and add provision requiring compliance conference not later than 45 days after mailing of notice of consideration
of administrative penalty, added Subsec. (c) re imposition of administrative penalty after compliance conference and added
Subsec. (d) permitting aggrieved school to request hearing before Board of Governors; P.A. 09-99 amended Subsec. (d)
by replacing "Board of Governors" with "commissioner"; P.A. 09-116 amended Subsec. (a) by permitting assessment of
administrative penalty for violation of regulations adopted pursuant to Sec. 10a-22k.
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Sec. 10a-22o. Enforcement of orders issued by commissioner. Investigations
by commissioner. (a) The commissioner, through the Attorney General, may petition
the superior court for the judicial district of Hartford for the enforcement of any order
issued by the commissioner, and for other appropriate relief. The court may issue such
orders as are appropriate to aid in enforcement.
(b) The commissioner, or the commissioner's designee, may conduct any necessary
review, inspection or investigation regarding applications for certificates of authorization or possible violations of sections 10a-22a to 10a-22o, inclusive, or of any applicable
regulations of Connecticut state agencies. In connection with any investigation, the
commissioner or the commissioner's designee, may administer oaths, issue subpoenas,
compel testimony and order the production of any record or document. If any person
refuses to appear, testify or produce any record or document when so ordered, the commissioner may seek relief pursuant to subsection (a) of this section.
(P.A. 06-150, S. 13, 16; P.A. 09-99, S. 8.)
History: P.A. 09-99 amended Subsec. (a) by deleting "Board of Governors".
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Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational
school student protection account. Treatment of overpayments and underpayments. (a) There shall be an account to be known as the private occupational school
student protection account within the General Fund. Each private occupational school
authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive,
shall pay to the State Treasurer an amount equal to one-half of one per cent of the tuition
received by such school per calendar quarter exclusive of any refunds paid, except that
correspondence and home study schools authorized in accordance with the provisions
of sections 10a-22a to 10a-22o, inclusive, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth,
April thirtieth, July thirtieth and October thirtieth in each year for tuition received during
the three months next preceding the month of payment. In addition to amounts received
based on tuition, the account shall also contain any amount required to be deposited
into the account pursuant to sections 10a-22a to 10a-22o, inclusive. Said account shall
be used for the purposes of section 10a-22v. Any interest, income and dividends derived
from the investment of the account shall be credited to the account. All direct expenses
for the maintenance of the account may be charged to the account upon the order of the
State Comptroller. The Commissioner of Higher Education may assess the account (1)
for all direct expenses incurred in the implementation of the purposes of this section
which are in excess of the normal expenditures of the Department of Higher Education
for accounting, auditing and clerical services, and (2) for the fiscal years ending June
30, 2000, and June 30, 2001, in an amount not to exceed one hundred seventy thousand
dollars in each of such fiscal years for personnel and administrative expenses for the
purposes of sections 10a-22a to 10a-22o, inclusive, provided such amount does not
exceed the annual interest accrual, which shall be transferred to the appropriation of the
Department of Higher Education for personal services and other expenses for positions
and responsibilities relating to said sections, provided the department has expended all
federal funds that may be available for personnel and administrative expenses for the
purposes of said sections. After disbursements are made pursuant to subdivisions (1)
and (2) of this subsection, if the resources of the private occupational school student
protection account exceed two million five hundred thousand dollars, no additional
school assessments shall be made.
(b) Payments required pursuant to subsection (a) of this section shall be a condition
of doing business in the state and failure to make any such payment within thirty days
following the date on which it is due shall result in the loss of authorization under section
10a-22f. Such authorization shall not be issued or renewed if there exists a failure to
make any such payment in excess of thirty days following the date on which it is due.
(c) If an audit conducted by the Department of Higher Education determines that
a school has paid into the private occupational school student protection account an
amount less than was required, the school shall pay said amount plus a penalty of ten
per cent of the amount required to the State Treasurer within thirty days of receipt of
notice from the commissioner or his designee of the amount of the underpayment and
penalty.
(d) If an audit conducted by the Department of Higher Education determines that
a school has paid into the private occupational school student protection account an
amount more than was required, subsequent payment or payments by the school shall
be appropriately credited until such credited payment or payments equal the amount of
the overpayment.
(P.A. 77-440, S. 1; P.A. 78-158, S. 1, 4; P.A. 79-380, S. 13; P.A. 83-150, S. 1, 4; P.A. 84-176, S. 3, 5; P.A. 93-294, S.
14, 17; P.A. 94-95, S. 8; P.A. 95-226, S. 20, 30; P.A. 97-285, S. 1, 2; P.A. 99-192, S. 1, 2; May 9 Sp. Sess. P.A. 02-1, S.
128; P.A. 06-150, S. 17; P.A. 09-99, S. 9.)
History: P.A. 78-158 required payment to treasurer of one-half of 1%, rather than 1%, of tuition received, rather
than of tuition paid by newly enrolled students, excepted refunds and made special provision for payments relative to
correspondence and home study schools, revised payment schedule slightly and allowed state board to assess fund for
expenses incurred in implementation of section which exceed normal expenses for accounting, auditing and clerical services
in Subsec. (a); P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted
"authorized" and "authorization" for "licensed" and "licensure"; P.A. 83-150 changed name from "Proprietary School
Default Assurance Fund" to "Private Occupational School Student Protection Fund", deleted obsolete reference to payments
made in 1978 and authorized commissioner of education and department of education rather than state board of education
to administer fund; P.A. 84-176 added Subsecs. (c) and (d) re treatment of overpayments and underpayments to the fund;
P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department
of education to the department of higher education, added Subsec. (a)(2) re the fiscal years ending June 30, 1994 and June
30, 1995, and made technical changes, effective July 1, 1993; Sec. 10-14i transferred to Sec. 10a-22u in 1995; P.A. 94-95 changed name of fund from "Private Occupational School Student Protection Fund" to "private occupational school
student protection account"; P.A. 95-226 extended Subdiv. (2) to the fiscal years ending June 30, 1996, and June 30, 1997,
increased the limit for personnel and administrative services from $100,000 to $118,000 and made a technical change,
effective July 1, 1995; (Revisor's note: In 1997 references in Subsecs. (c) and (d) to "Private Occupational School Student
Protection Fund" were changed editorially by the Revisors to "private occupational school student protection account" to
conform said Subsecs. with Subsec. (a) as amended by P.A. 94-95); P.A. 97-285 amended Subdiv. (2) of Subsec. (a)(2)
to substitute the fiscal years ending in 1998 and 1999 for the fiscal years ending in 1996 and 1997, to increase the amount
from $118,000 to $150,000, to set the limit of the annual interest accrual and to specify that the amount transferred be used
for positions and responsibilities relating to Secs. 10a-22a to 10a-22k, inclusive, effective July 1, 1997; P.A. 99-192
amended Subsec. (a)(2) to change the dates to the fiscal years ending June 30, 2000, and June 30, 2001, and to increase
the amount from $150,000 to $170,000, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to add a
provision that no additional school assessments shall be made if the resources of the protection account exceed $2,500,000,
effective July 1, 2002; P.A. 06-150 amended Subsec. (a) to change internal section references; P.A. 09-99 amended Subsec.
(a) by requiring that student protection account contain amounts deposited pursuant to Secs. 10a-22a to 10a-22o, effective
July 1, 2009.
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Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition. Any
student enrolled in a private occupational school authorized in accordance with the
provisions of sections 10a-22a to 10a-22o, inclusive, who is unable to complete a course
or unit of instruction at such school because of the insolvency or cessation of operation
of the school and who has paid tuition for such course or unit of instruction, may make
application to the Commissioner of Higher Education for a refund of tuition from the
account established pursuant to section 10a-22u to the extent that such account exists
or has reached the level necessary to pay outstanding approved claims, except that in
the case of correspondence and home study schools authorized in accordance with the
provisions of sections 10a-22a to 10a-22o, inclusive, only Connecticut residents enrolled in such schools may be eligible for such refund. Upon such application, the commissioner shall determine whether the applicant is unable to complete a course or unit
of instruction because of the insolvency or cessation of operation of the school to which
tuition has been paid. The commissioner may summon by subpoena any person, records
or documents pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section,
a school shall be deemed to have ceased operation whenever it has failed to complete
a course or unit of instruction for which the student has paid a tuition fee and, as a
result, the school's authorization has been revoked pursuant to section 10a-22f. If the
commissioner finds that the applicant is entitled to a refund of tuition because of the
insolvency or cessation of operation of the school, the commissioner shall determine
the amount of an appropriate refund which shall be equal to or a portion of the tuition
paid for the uncompleted course or unit of instruction. Thereafter the Commissioner of
Higher Education shall direct the State Treasurer to pay, per order of the Comptroller,
the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf. If the student is a minor, payment
shall be made to the student's parent, parents or legal guardian. In no event shall a refund
be made from the student protection account for any financial aid provided to or on
behalf of any student in accordance with the provisions of Title IV, Part B of the Higher
Education Act of 1965, as amended from time to time. Each recipient of a tuition refund
made in accordance with the provisions of this section shall assign all rights to the state
of any action against the school or its owner or owners for tuition amounts reimbursed
pursuant to this section. Upon such assignment, the state may take appropriate action
against the school or its owner or owners in order to reimburse the student protection
account for any expenses or claims that are paid from the account and to reimburse the
state for the reasonable and necessary expenses in undertaking such action. Any student
who falsifies information on an application for tuition reimbursement shall lose his or
her right to any refund from the account.
(P.A. 77-440, S. 2; P.A. 78-158, S. 2, 4; P.A. 79-380, S. 14; P.A. 82-406, S. 1; P.A. 83-150, S. 2, 4; P.A. 93-294, S.
15, 17; P.A. 06-150, S. 18; P.A. 07-164, S. 1; P.A. 09-99, S. 10.)
History: P.A. 78-158 allowed refunds to extent fund "has reached the level necessary to pay outstanding approved
claims", made special reference to procedure when correspondence and home study schools are involved, deleted reference
to proportionate share of fund when money not sufficient to pay all claims in full, deleted provision for refund to be paid
other school at applicant's request and allowed payment to "persons, agencies or organizations ..." who have paid tuition
on the student's behalf or to parent(s) or guardian(s) if student is a minor; P.A. 79-380 replaced references to repealed Sec.
10-8 with references to Secs. 10-7a to 10-7l and substituted "authorized" for "licensed"; P.A. 82-406 granted board of
education subpoena power for purpose of making a determination regarding insolvency; P.A. 83-150 defined "ceased
operation" for purposes of making a tuition refund, authorized commissioner rather than state board to make refund
determinations, and made provision for assignment of rights to state in any action against school for tuition reimbursed;
P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department
of education to the department of higher education, effective July 1, 1993; Sec. 10-14j transferred to Sec. 10a-22v in 1995;
(Revisor's note: In 1997 references to "Student Protection Fund" and "fund" were replaced editorially by the Revisors
with references to "student protection account" and "account" to conform section with Sec. 10a-22u); P.A. 06-150 changed
internal section references; P.A. 07-164 added provision re student who falsifies information on application for tuition
reimbursement shall lose right to refund from student protection account; P.A. 09-99 made a technical change and excluded
refund for financial aid provided in accordance with Title IV, Part B of the Higher Education Act of 1965, effective July
1, 2009.
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Sec. 10a-22y. Hospital-based occupational schools: Authorization period. Renewal fee. Annual fee. Payment into private occupational school student protection
account. Notwithstanding the provisions of section 10a-22d, the authorization period
for each hospital-based occupational school described in subsection (h) of section 10a-22b shall be three years. Each hospital-based occupational school shall pay a fee of
two hundred dollars for renewal of its certificate of authorization. Each hospital-based
occupational school shall pay an annual fee of two hundred dollars for each year after
the first year of authorization that the hospital-based occupational school is authorized
by the commissioner to offer occupational instruction. The renewal fee and the annual
fee shall be payable to the private occupational school student protection account. Each
hospital-based occupational school shall pay one-half of one per cent of its net tuition
revenue received by such school per calendar quarter into the private occupational school
student protection account, in accordance with section 10a-22u.
(P.A. 08-116, S. 9; P.A. 09-99, S. 11.)
History: P.A. 08-116 effective July 1, 2008; P.A. 09-99 required payment of $200 annual fee and made conforming
changes, effective July 1, 2009.
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Sec. 10a-44b. Credit card marketing to students enrolled at a public institution of higher education. Board of Governors to adopt policies. (a) For purposes of
this section, "marketing" means any activity attended and facilitated by an agent or
employee of a credit card issuer when such activity is designed to offer a credit card to
students enrolled at a public institution of higher education in this state, but does not
include (1) activities that are open to the general public or accessible by populations that
include the general public, such as advertisements in posters, newspapers, magazines,
television, radio or Internet or other similar activities; or (2) activities or merchandising
conducted within the physical boundaries of a financial services business located on or
within a campus of a public institution of higher education.
(b) On or before January 1, 2010, the Board of Governors of Higher Education shall
adopt policies regulating the marketing practices of credit card issuers on the campuses
of public institutions of higher education. Such policies shall (1) require credit card
issuers to register with the public institution of higher education before conducting any
marketing activities on the campus of the institution; (2) require such registered issuers,
at least once each year in which the issuers are engaged in marketing credit cards on
the campus of the institution, to appear in person at a location that is open to all students
of the institution for the purpose of providing educational information and answering
questions, and require the institution to advertise such appearance; (3) prohibit credit
card issuers from marketing to undergraduate students during the orientation and class
registration periods; (4) require credit card issuers that engage in marketing practices
at public institutions of higher education to distribute credit card management education
materials along with any marketing materials; (5) prohibit public institutions of higher
education from disclosing identifying information of undergraduate students at such
institutions to credit card issuers unless such institutions have provided such students
with notice of and the opportunity to opt out of such disclosure in accordance with the
regulations adopted by the United States Department of Education pursuant to the Family Educational Records and Privacy Act, 20 USC 1232g, as amended from time to time;
(6) prohibit employees of such public institutions of higher education from marketing
credit cards to students; (7) restrict the time and place in which credit card marketing may
occur; and (8) prohibit the use of gifts and incentives in such marketing at intercollegiate
athletic events.
(P.A. 09-167, S. 1.)
History: P.A. 09-167 effective July 1, 2009.
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