justicedao/ipfs_state_laws huggingface dataset:
715-045-0022 Facilities (1) All schools shall demonstrate that premises owned, rented, leased, occupied, maintained, used or approved by the school, are maintained in compliance with applicable city, county or state ordinances and laws relating to safety and health of persons on the premises. (2) Safety and health inspection data required by OR-OSHA (ORS 654.010) and other applicable statute, ordinance or administrative rule shall be available for review by Higher Education Coordinating Commission staff. All applicants for an initial license must have a fire inspection by appropriate city or county Fire Marshall's office prior to issuance of a license and all licensees must have an annual fire inspection if annual service is provided by applicable Fire Marshall's office. Schools must be clean, well maintained and provide good lighting and ventilation. Schools must arrange classrooms, equipment and demonstration areas to enhance instruction, provide sufficient storage, use prescribed containers for hazardous materials, and provide for safe and orderly classroom management for the type of educational programs offered. (3) A school shall notify the Commission in writing at least 30 calendar days in advance of any change of its principal location or name. In the event of change of location, Commission staff may inspect the new site. Deficiencies, if any, must be corrected in a timely manner for continued approval to operate in the new location. Failure to notify the commission’s executive director of name or address change may result in the imposing of civil penalties per OAR 715-045-0190. An exception may be granted if the executive director determines a legitimate emergency or a circumstance exists which would prevent the school from complying. Statutory/Other Authority: ORS 345.080 Statutes/Other Implemented: ORS 345.080 History: HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026 Renumbered from 581-045-0022 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
715-045-0023 Complaints against Private Career Schools (1) Each school shall implement a process for the prompt resolution of a written complaint by a student of the school. Unless specifically provided by state or federal law or administrative rule, the decision of the school shall be final. (2) Complaints filed on behalf of or by a student against a school must be postmarked or received electronically within one year of the date the student exhausted the school’s grievance process, or within one year of the student’s last date of attendance, whichever is later. (3) If the complaint alleges a violation of Oregon Revised Statutes, ORS 345.010 to 345.070 or standards of OAR 715-045-0006 through 715-045-0220, the complainant may submit a written complaint to the Higher Education Coordinating Commission, after exhausting the school’s procedures or after 45 days from filing a written complaint with the school, whichever occurs first. The complaint shall be in writing and shall contain: (a) The complainant’s name, phone number, and signature; (b) School name and location; (c) A brief statement describing the alleged violation of statute, administrative rule, or school policy; (d) Facts detailing the basis of the complaint, dates of attendance, date of occurrence, names and positions of school officials contacted, financial loss, if any, and any other pertinent information; (e) An explanation of what efforts have been taken to resolve the problem with the school, if any; and (f) Copies of pertinent documents, such as the enrollment agreement, catalog and advertisements. (4)(a) After receipt of a complaint or other allegation that a school has failed or is failing to comply with the provisions of any laws or rules, the commission’s executive director or designee shall conduct an investigation. (b) The investigation conducted by the commission shall be conducted in the manner prescribed by OAR 715-011-0070. (5) The executive director shall notify the complainant and the school of the findings resulting from the investigation. (6) The Commission may impose penalties as defined in OAR 715-045-0190 if the school is found to be in violation of any standard or rules. (7) Sections (1) and (2) of this rule do not limit the statutory authority of the commission to investigate a school on the commission’s own motion. (8) At the request of the executive director, complaints may be resolved with the assistance of such other parties as the Oregon Department of Justice, U.S. Department of Education, and other appropriate organizations and/or individuals. Statutory/Other Authority: ORS 345.120 & ORS 350.075 Statutes/Other Implemented: ORS 345.120 History: HECC 5-2025, amend filed 11/07/2025, effective 11/07/2025 HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019 HECC 2-2018, temporary amend filed 02/08/2018, effective 02/08/2018 through 06/30/2018 HECC 1-2018, amend filed 01/04/2018, effective 01/04/2018 Renumbered from 581-045-0023 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07 ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
715-045-0034 False, Deceptive, Inaccurate or Misleading Representations No private career school or its agents may intentionally or knowingly make false, deceptive, inaccurate or misleading representations of fact in any oral, written, visual or electronic presentation in connection with the offering or publicizing of a subject or course of instruction. Statutory/Other Authority: ORS 345.325 & 326.051 Statutes/Other Implemented: ORS 345.325 History: Renumbered from 581-045-0034 by HECC 2-2014, f. & cert. ef. 4-23-14 Renumbered from 581-045-0585, ODE 12-2001, f. & cert. ef. 5-15-01 ODE 9-2001(Temp), f. & cert. ef. 2-27-01 thru 8-17-01, Renumbered from 581-045-0585 ODE 31-2000, f. 12-11-00, cert. ef. 1-1-01 ODE 23-2000(Temp), f. 7-27-00, cert. ef. 7-27-00 thru 1-22-01
715-045-0039 Cancellations, Tuition and Refund Policies: Exceptions (1) A school may adopt a refund or cancellation policy different from the policies described under OAR 715-045-0036, 715-045-0037, and 715-045-0038 only if: (a) The policy is more favorable to the student than what those respective rules require; or (b) The school enters into contractual arrangements for training services where the costs are paid by a contract with another agency, and no refund liability is created between those students and the school. (2) The Executive Director of the Higher Education Coordinating Commission may, upon request, establish an alternative refund policy for a school that offers courses or programs with such an organizational structure that application of the refund policies prescribed, if applied, would cause unfair results to either the school or enrollees. Statutory/Other Authority: ORS 345.115 Statutes/Other Implemented: ORS 345.115 History: Renumbered from 581-045-0039 by HECC 2-2014, f. & cert. ef. 4-23-14 Renumbered from 581-045-0028, ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07 ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01 EB 13-1996, f. & cert. ef. 7-26-96 EB 11-1990, f. & cert. ef. 2-1-90 1EB 31-1986, f. & ef. 7-23-86
715-045-0063 Factors of Financial Responsibility (1) To retain its license a school must demonstrate to the Higher Education Coordinating Commission that it is financially responsible under the requirements established in this rule. (2) The commission considers a school to be financially responsible only if it: (a) Is able to provide the services described in its official publications and statements; (b) Is able to provide the administrative resources necessary to comply with the requirements of this subpart; (c) Is able to meet all of its financial obligations, including, but not limited to: (A) Refunds that it is required to make; and (B) Repayments to the U.S. Department of Education for liabilities and debts incurred in programs administered by the U.S. Department of Education. (d) Demonstrates at the end of its latest fiscal year, a ratio of current assets to current liabilities of at least 1:1; (e) Had, for its latest fiscal year, a positive net worth. For the purposes of this section, a positive net worth occurs when the school's assets exceed its liabilities; (f) Has not had operating losses over both of its two latest fiscal years. In applying this standard, the commission’s executive director may consider the effect of unusual events such as natural disasters; (g) Has not had, for its latest fiscal year, an operating deficit exceeding 10 percent of the institution's net worth. For purposes of this section, an operating deficit occurs when operating expenses exceed revenues from current business activities; and (h) Has not had, as part of the documents prepared by its independent accountant on its audited and certified financial statements for the institution's most recently completed fiscal year, a statement from the accountant acknowledging substantial doubt about the institution's ability to continue as a going concern. (3) A school that is determined by the executive director not to be financially responsible may be considered "at-risk," and will be required to follow the procedures cited in OAR 715-045-0066. (4) The executive director may waive or modify all or part of the requirements in subsections (1) through (3) of this rule for schools offering prelicense programs or courses. Statutory/Other Authority: ORS 345.325 & 345.030 Statutes/Other Implemented: ORS 345.325 History: HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026 Renumbered from 581-045-0063 by HECC 2-2014, f. & cert. ef. 4-23-14 Renumbered from 581-045-0017, ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01 EB 13-1996, f. & cert. ef. 7-26-96
715-045-0064 Student Completion and Placement (1) Schools shall submit true and correct data annually to the Higher Education Coordinating Commission which identifies completion and placement rates for each approved program. These rates shall be computed by individual programs and substantiated by worksheets and records. (2) Any school failing to maintain completion and placement rates for each approved program of at least 50 percent may be issued a notice for corrective action. (3) The commission’s executive director may withdraw approval of any program that fails to maintain completion and placement rates of at least 50 percent for two consecutive reporting periods. Unusual cause or circumstance will be considered by the commission and exceptions may be granted. (4) The executive director may require the name, address, and telephone number of any or all graduates and employers accounted for in subsection (1) of this rule for verification and reporting purposes. (5) The executive director, upon written request from a school, may waive or modify all or part of the requirements of the annual submission of student placement data Statutory/Other Authority: ORS 345.080 Statutes/Other Implemented: ORS 345.080 & 2017 Oregon Laws Chapter 422 History: HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019 Renumbered from 581-045-0064 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
715-045-0065 Inspection and Periodic Review (1) A school shall provide the Higher Education Coordinating Commission access to all information, records, physical facilities, school employees, and other parties (including advisory groups, administrators, students and graduates) as may be necessary to verify compliance with Oregon Revised Statutes, ORS 345.010 to 345.450, or standards of OAR Chapter 715 Division 045. (2) A school shall permit the commission’s executive director to conduct an investigation or on-site review of the school with or without notice. When requested, the school must provide the executive director with true and accurate information including but not limited to records and documents. (3) A school located in Oregon may be inspected on an annual basis or as the executive director determines necessary. (4) A school may be reviewed to determine whether the school has and is adhering to policies and procedures in such areas as its programs, services and staff conduct. (5) Whenever an inspection or other investigation reveals lack of compliance with Oregon Revised Statutes, ORS 345.010 to 345.450 or standards of OAR Chapter 715 Division 045, the executive director may issue a notice for corrective action by certified mail. When deemed appropriate the executive director may initiate immediate license suspension or revocation proceedings and schools will be provided due process through the provisions allowed in subsection (5)(c) of this rule. If the executive director elects to issue a notice for corrective action, the school shall have 20 calendar days after date of notification to report on actions that have been taken to correct these deficiencies: (a) The school's response shall indicate corrective action taken and/or a program improvement plan for correcting any remaining deficiencies; (b) If violations cited are not corrected, or if a program improvement plan submitted to correct the violations is not acceptable to the executive director, the executive director may review and determine if further action may be warranted. (c) The school may request a hearing within 21 calendar days of receipt of the commission's notice to revoke or suspend the school's license; and (d) A school whose license has been placed on suspension shall not be permitted to engage in any advertising, recruitment or student enrollment activities, or begin the instruction of any new students during the period of suspension. Statutory/Other Authority: ORS 345.080 Statutes/Other Implemented: ORS 345.080 & 2017 Oregon Laws Chapter 422 History: HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026 HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019 Renumbered from 581-045-0065 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
715-045-0066 At-Risk School (1) The Commission may deem a school "at-risk" if the Commission determines, based on evidence, that the school has a pattern or history of one or more of the following conditions, considering up to three years prior to the determination: (a) Failure to meet the standards of financial responsibility or reporting; (b) Misrepresentation; (c) Frequent substantiated complaints filed with the Higher Education Coordinating Commission; (d) A decrease in enrollment from the previous annual reporting period of 50 percent or more or 25 students, whichever is greater; (e) Staff turnover from the previous annual reporting period of 50 percent or more or three staff, whichever is greater. (2) The school owner and/or director shall be required to meet with the Commission to discuss the conditions. If conditions listed in paragraphs (d) and (e) of subsection (1) can be shown to be caused by unusual circumstance or reason the school may request an exemption from an “at-risk” designation. Exemption requests will be evaluated by the Commission. (3) A school determined to be "at-risk" at any time, will be required to provide: (a) A school improvement plan acceptable to the executive director within 30 days after meeting with commission staff; (b) A letter of credit if appropriate; and (c) A monthly report for up to 12 months. During that time the school shall demonstrate improvement or the executive director may review and determine if further action may be warranted. Statutory/Other Authority: ORS 345.120 Statutes/Other Implemented: ORS 345.120 & 2017 Oregon Laws Chapter 422 History: HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026 HECC 4-2019, amend filed 02/24/2019, effective 02/24/2019 Renumbered from 581-045-0066 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02 Renumbered from 581-045-0024 by ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01 EB 13-1996, f. & cert. ef. 7-26-96
715-045-0068 Reporting Obligations (1) Schools must notify the Higher Education Coordinating Commission within 10 days of receipt of a notice from any source that involves (a) Action against the school; or (b) Action against owners, directors, administrators, agents, supervisors, and instructors subject to registration, licensure, or approval pursuant to ORS 345.010 to 345.450, including but not limited to disciplinary, licensure, legal, or conviction of any crime and that might affect the person's ability to fulfill the assigned responsibilities. (2) Upon request of the commission’s executive director, the school must provide the commission with truthful and accurate information regarding the disciplinary action, licensure action, legal action, or conviction of any crime referenced in OAR 715-045-0068(1)(b). (3) Schools must provide the commission with a copy of any notice of warning, if such notice indicates the school is in immediate jeopardy of losing recognition from that agency, or any notice of suspension or revocation received from any national, regional or state accrediting and/or approval agency within 10 days of receipt of such notice. The school shall at the same time inform the commission in writing of actions being taken to correct the deficiencies cited. (4) In the event of a school name change, the school shall submit to the commission legal documents from the Secretary of State's office that validates the name change. Statutory/Other Authority: ORS 345.080 Statutes/Other Implemented: ORS 345.080 History: Renumbered from 581-045-0068 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01
715-045-0069 Temporary School Closure – Private Career Schools (1) The Commission may designate a school as temporarily closed if the following conditions are met: (a) The school must request “temporary closure” designation in writing from the Commission, subject to approval of the Executive Director. That request must state the reason(s) for the request for temporary closure status as set forth in (1)(b), including providing any documentation in support of the request as required by the Commission, and a projected timeline for the resumption of educational operations. (b) The Commission may grant temporary closure status if the requesting school ceases educational operations due to unforeseeable or exigent circumstances including, but not limited to, property loss or damage due to fire, flood, or other natural disaster; or inability of the owner, manager, or other key staff to perform their duties due to extended illness or injury, as determined by the Executive Director. (c) The Commission may grant temporary closure status to a school for not longer than twelve months from the date of first request for the designation. Temporary closure status shall not result in the revocation of the school’s license so long as the school is in compliance with all relevant laws. (d) Schools granted temporary closure status shall make notice, teach out, transfer and refund arrangements for currently enrolled students as provided in 715-045-0067 (2)(a) through (2)(d) if the Commission directs the school to do so. (e) Schools in temporary closure status must respond to requests from students and the Commission for information, updates, and records within ten calendar days. (f) Current students of schools granted temporary closure status by the Commission shall be eligible for refunds under the Tuition Protection Fund, subject to the limitations of 715-045-0029. (g) A school designated for temporary closure must maintain its license for the duration of the temporary closure. (h) A school on temporary closure status that is required to make Tuition Protection Fund payments shall continue to make regular payments subject to the requirements of 715-045-0029. Statutory/Other Authority: ORS 345-020 Statutes/Other Implemented: ORS 345-020, ORS 345.030 & ORS 345.110 History: HECC 1-2020, adopt filed 02/14/2020, effective 02/14/2020
715-045-0190 Civil Penalties (1) Amendments to OAR Chapter 715 Division 045 must be implemented by the schools within 90 days after the effective date of the amendments. Failure to implement rule changes within 90 days shall subject a school to civil penalties. (2) The commission may assess a civil penalty of $500 per violation of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010 to 345.450. Before imposing a civil penalty under this subsection, the commission shall consider the factors established in 345.995. (3) Each act in violation of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010 to 345.450 shall constitute a separate violation. The imposition of penalties under this section shall be in addition to, and does not preclude the imposition of, any other penalties for the same act or conduct pursuant to any other provision of law. (4) Failure to pay civil penalties within 30 days of the service of a final order imposing penalties, unless stayed pending appeal by subsequent order of the Executive Director or a court of competent jurisdiction, may result in revocation of license to operate a school. (5) The commission may retain reasonable costs related to the investigation and assessment of a civil penalty from civil penalties imposed under ORS 345.995 and this section. In support of its decision to retain civil penalties, the commission shall provide an accounting of the costs incurred during its investigation and the assessment of civil penalties, including but not limited to staff time, mailing costs, and attorney fees. Statutory/Other Authority: ORS 345.992 & 345.995 Statutes/Other Implemented: 345.995, ORS 345.020 & ORS 345.325 History: HECC 2-2026, amend filed 02/13/2026, effective 02/13/2026 HECC 7-2014, f. & cert. ef. 12-18-14 Renumbered from 581-045-0190 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 7-2009, f. & cert. ef. 6-29-09 ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02 ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01 EB 13-1996, f. & cert. ef. 7-26-96
715-045-0210 Safety and Sanitation Compliances and Inspections for Schools of Hair Design, Barbering, Esthetics and Nail Technology Only (1) Students, teachers and school owners shall observe and be subject to all state, county and municipal laws and regulations pertaining to public health. Compliance with state and municipal fire regulations is required. (2) Sanitation and safety rules set forth in OAR chapter 817 shall be available in the school. (3) The current sanitation inspection report required by this section shall be conspicuously displayed in the school. (4) Sanitation and safety inspections of schools regulated by this rule shall be conducted periodically by agents of the Oregon Health Licensing Agency. Such inspections shall be for the purpose of determining whether schools are in compliance with the standards set forth in OAR chapter 817, divisions 5, 10, and 60 as they relate to the schools. (5) A school is considered to be open and subject to inspection when the school is serving the public. (6) The inspecting agent shall submit to the Higher Education Coordinating Commission a written report of sanitation and safety conditions observed in each school inspected. Any violation of standards existing in a school at the conclusion of an inspection shall be specifically noted in the inspection report. (7) Failure of a school to correct a condition of violation within the time allotted for compliance as determined by the commission’s executive director shall be subject to penalties as set forth in OAR 715-045-0190. Statutory/Other Authority: ORS 345.440 & 345.450 Statutes/Other Implemented: ORS 345.440 History: Renumbered from 581-045-0210 by HECC 2-2014, f. & cert. ef. 4-23-14 ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07