reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74180 - Abandonment of Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change
					 without regulatory effect amending NOTE filed 10-22-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
4. Repealer filed 2-1-2010 as
					 an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be
					 repealed by operation of law on the following day.
5. Repealer
					 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31).
					 A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or
					 emergency language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 7-30-2010 order transmitted
					 to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No.
					 47).
Note: Authority cited: Section
						94774,
						Education Code. Reference: Sections
						94900,
						94901,
						94905 and
						94915,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74190 - Agents for Service of Process; Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each institution shall maintain the name, physical address,
					 telephone number, and e-mail address for the agent for service of process in
					 California as required by 94943.5 of the Code. The agent shall be at an address
					 other than the address of the institution or any branch. The agent must confirm
					 the information and acknowledge in writing that he or she is the designated
					 agent for service of process. The institution shall inform the Bureau in
					 writing of any change in the information for the agent for service of process,
					 signed by the agent, within 7 days. Until the Bureau actually receives written
					 notice of any change in the agent's name and/or address, service on the prior
					 agent shall be valid. This information is considered public
					 information.
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change
					 without regulatory effect amending section and NOTE filed 10-22-2001 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
4. Amendment of section
					 heading, section and NOTE filed 2-1-2010 as an emergency; operative 2-1-2010
					 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL
					 by 8-2-2010 or emergency language will be repealed by operation of law on the
					 following day.
5. Amendment of section heading, section and NOTE
					 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31).
					 A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or
					 emergency language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 7-30-2010 order, including
					 amendment of section heading, transmitted to OAL 10-7-2010 and filed 11-18-2010
					 (Register 2010, No. 47).
Note: Authority cited: Sections
						94803,
						94877 and
						94888,
						Education Code. Reference: Sections
						94887,
						94888 and
						94943.5,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74200 - Cessation of Educational Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every institution shall notify the Bureau in writing at
					 least 30 days before the institution ceases to offer to the public any
					 educational program.
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change
					 without regulatory effect amending section and NOTE filed 10-22-2001 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
4. Amendment of section
					 heading, section and NOTE filed 2-1-2010 as an emergency; operative 2-1-2010
					 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL
					 by 8-2-2010 or emergency language will be repealed by operation of law on the
					 following day.
5. Amendment of section heading, section and NOTE
					 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31).
					 A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or
					 emergency language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 7-30-2010 order, including
					 amendment of section and NOTE, transmitted to OAL 10-7-2010 and filed
					 11-18-2010 (Register 2010, No. 47).
Note: Authority cited: Sections
						94803,
						94887 and
						94895,
						Education Code. Reference: Sections
						94868,
						94894 and
						94898,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74240 - Unaccredited Degree-Granting Institutions that Elect to Stop Pursuing Accreditation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an unaccredited institution that has a
				  provisional approval to offer degree programs from the Bureau or an
				  unaccredited degree-granting institution that has an approved accreditation
				  plan pursuant to section
				  71105.5 elects to stop offering all
				  degree programs, the institution must immediately notify the Bureau in writing
				  of the institution's intent to stop offering degree programs and provide a
				  degree program closure plan. Upon the Bureau's receipt of the notification, the
				  institution immediately surrenders its provisional approval or its approval to
				  offer a degree-granting program. The degree program closure plan shall include:
(1) The exact date the institution stopped
				  enrolling new students in its degree programs, which cannot be more than five
				  business days before or after the post-mark date of the notification to the
				  Bureau.
(2) A list of contact
				  information for all students currently enrolled in each degree
				  program.
(3) A teach-out plan that
				  includes a plan for the disposition of student records and is compliant with
				  the provisions of section
				  94927 of the Code.
(4) A copy of the notification to be provided
				  to students pursuant to subdivision (b) of this section.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74250 - Unaccredited Degree-Granting Institutions that Are Automatically Suspended

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				  unaccredited institution that has a provisional approval from the Bureau to
				  offer degree programs or an unaccredited degree-granting institution that has
				  an approved accreditation plan pursuant to section
				  71105.5 fails to meet the
				  requirements of either section
				  94885.1 or
				  94885.5 of the Code or section
				  71105 or
				  71105.5 and is notified by the
				  Bureau that their approval to operate or their approval to offer degree
				  programs has been automatically suspended, the institution must immediately
				  cease enrolling students and within 30 days provide to the Bureau a degree
				  program closure plan. The degree program closure plan shall include:
(1) The exact date the institution stopped
				  enrolling new students in its degree programs.
(2) A list of contact information for all
				  students currently enrolled in each degree program.
(3) A teach-out plan that includes a plan for
				  the disposition of student records and is compliant with the provisions of
				  section 94927 of the Code.
(4) A copy of the notification to be provided
				  to students pursuant to subdivision (b) of this section.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74300 - Duration of Temporary Approvals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 5 (sections
					 74300-74320) and section filed
					 6-9-95; operative 7-10-95 (Register 95, No. 23).
2. Change without
					 regulatory effect amending section heading and NOTE filed 10-22-2001 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
3. Deletion of article 5
					 heading and repealer of section filed 2-1-2010 as an emergency; operative
					 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be
					 transmitted to OAL by 8-2-2010 or emergency language will be repealed by
					 operation of law on the following day.
4. Deletion of article 5
					 heading and repealer of section refiled 7-30-2010 as an emergency; operative
					 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be
					 transmitted to OAL by 10-28-2010 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010
					 (Register 2010, No. 47).
Note: Authority cited: Sections
						94774 and
						94778,
						Education Code. Reference: Sections
						94900,
						94901,
						94905 and
						94915,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74310 - Temporary Approval Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2.
					 Change without regulatory effect amending section heading, section and NOTE
					 filed 10-22-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as
					 an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be
					 repealed by operation of law on the following day.
4. Repealer
					 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31).
					 A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or
					 emergency language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 7-30-2010 order transmitted
					 to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No.
					 47).
Note: Authority cited: Sections
						94774 and
						94778,
						Education Code. Reference: Sections
						94900,
						94901,
						94905 and
						94915,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 74320 - Temporary Approval Notice for Media. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
2.
					 Change without regulatory effect amending section heading, section and NOTE
					 filed 10-22-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
3. Repealer filed 2-1-2010 as
					 an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be
					 repealed by operation of law on the following day.
4. Repealer
					 refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31).
					 A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or
					 emergency language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 7-30-2010 order transmitted
					 to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No.
					 47).
Note: Authority cited: Sections
						94774 and
						94778,
						Education Code. Reference: Sections
						94900,
						94901,
						94905 and
						94915,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 4 - Institutions - General Provisions › Article 3 - General Provisions › Section 75000 - Agent's Permits Required. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Change
					 without regulatory effect amending section and NOTE filed 10-22-2001 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 2001, No. 43).
4. Deletion of chapter 6 and
					 article 1 headings and repealer of section filed 2-1-2010 as an emergency;
					 operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be
					 transmitted to OAL by 8-2-2010 or emergency language will be repealed by
					 operation of law on the following day.
5. Deletion of chapter 6 and
					 article 1 headings and repealer of section refiled 7-30-2010 as an emergency;
					 operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must
					 be transmitted to OAL by 10-28-2010 or emergency language will be repealed by
					 operation of law on the following day.
6. Certificate of Compliance
					 as to 7-30-2010 order transmitted to OAL 10-7-2010 and filed 11-18-2010
					 (Register 2010, No. 47).
Note: Authority cited: Sections
						94774 and
						94778,
						Education Code. Reference: Sections
						94715 and
						94940,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 1 - Notices to Comply › Section 75010 - Notice to Comply; Informal Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to section
				  94935 of the Code, bureau staff may
				  issue a notice to comply to a person approved to operate an institution for
				  minor violations of the Act or this Chapter detected during an
				  inspection.
(b) The notice to
				  comply shall be in writing and shall describe the nature and facts of the
				  violation, including a reference to the statute or regulation violated, and may
				  indicate the manner in which the institution must correct the violation to
				  achieve compliance.
(c) The notice
				  to comply shall be given prior to leaving the institution after the inspection
				  to any owner, person in control, chief academic officer, chief executive
				  officer, chief operating officer, institution director, or any person delegated
				  by any of the aforementioned persons to facilitate the inspection or accept
				  such notice.
(d) The notice to
				  comply shall inform the person approved to operate the institution that he or
				  she may do either of the following:
(1)
				  Within 30 days from the date of the inspection, sign and return the notice to
				  comply, declaring under penalty of perjury that the violation was corrected and
				  describing how compliance was achieved; or
(2) Within 30 days from the date of the
				  inspection, file with the Bureau a written notice of disagreement, specifying
				  the minor violations described in the notice to comply with which the person
				  approved to operate the institution disagrees, and appealing it by requesting
				  an informal office conference. If a written notice of disagreement is not
				  timely filed with the Bureau, the right to appeal is deemed to have been
				  waived.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 2 - Citations and Fines › Section 75020 - Issuance of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Bureau Chief, or their designee, or the Director's designee, is authorized
				  to issue citations containing orders of abatement or administrative fines or
				  both, pursuant to section 94936 of the Code against institutions approved under
				  the Act that have committed any acts or omissions that are in violation of the
				  Act or any regulation adopted pursuant thereto.
(b) The Bureau Chief, or their designee, or
				  the Director's designee, is authorized to issue citations containing orders of
				  abatement or administrative fines or both, not to exceed $100,000 pursuant to
				  section 94944 of the Code against persons who are without proper approval to
				  operate as required under the Act. In addition, the citation may contain an
				  order of abatement pursuant to section
				  149
				  of the Business and Professions Code that requires the unapproved person to
				  cease any unlawful advertising and to notify the telephone company furnishing
				  services to the cited person:
(1) to
				  disconnect the telephone services furnished to any telephone number contained
				  in the unlawful advertising, and
(2)
				  that subsequent calls to that number shall not be referred by the telephone
				  company to any new number obtained by that person. The provisions of section
				  75040 shall apply to this
				  subsection.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 2 - Citations and Fines › Section 75030 - Assessment of Administrative Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where citations pursuant to section
					 94936 of the Code and section
					 75020, subsection (a) include an
					 assessment of an administrative fine, the fine shall be not less than $50 or
					 exceed $5,000 for each violation. Each violation shall be classified according
					 to the nature of the violation and shall indicate the classification on the
					 face thereof as follows:
(a) A "Class
				  A" violation shall not be less than $2,501 nor more than $5,000. A Class A
				  violation is one that the Bureau has, in its discretion, determined to be more
				  serious in nature, deserving the maximum fine. A Class A violation may, in the
				  Bureau's discretion, be issued to an institution that has committed one or more
				  prior, separate Class B violations.
(b) A "Class B" violation shall not be less
				  than $1,001 nor more than $2,500. A Class B violation is one that the Bureau
				  has, in its discretion, determined to be less serious in nature and may
				  include, but is not limited to, a violation that could have resulted in student
				  harm. Typically some degree of mitigation will exist. A Class B violation may
				  be issued to an institution that has committed one or more prior, separate
				  Class C violations.
(c) A "Class C"
				  violation shall not be less than $501 nor more than $1,000. A Class C violation
				  is one that the Bureau has, in its discretion, determined to be a minor or
				  technical violation, which may be directly or potentially detrimental to
				  students or potentially impacts their education.
(d) A "Class D" violation shall not be less
				  than $50 nor more than $500. A Class D violation is one that the Bureau has, in
				  its discretion, determined to be a minor or technical violation, which is
				  neither directly or potentially detrimental to students nor potentially impacts
				  their education.
1. New
					 section filed 9-19-2011; operative 10-19-2011 (Register 2011, No.
					 38).
Note: Authority cited: Sections
						94877 and
						94936,
						Education Code. Reference: Sections
						94936 and
						94944,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 2 - Citations and Fines › Section 75050 - Compliance with Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited institution or person that or
				  who has been issued an order of abatement is unable to complete the correction
				  within the time set forth in the citation because of conditions beyond the
				  institution's or person's control after the exercise of reasonable diligence,
				  the institution or person may request an extension of time within which to
				  complete the correction. Such a request shall be in writing and shall be made
				  within the time set forth for abatement.
(b) Failure of an applicant or institution
				  issued an approval to operate to abate the violation or to pay the fine within
				  the time allowed is a ground for denial or discipline of an approval to
				  operate.
(c) If an informal
				  conference or hearing is not requested, payment of the fine and/or compliance
				  with any order of abatement shall not constitute an admission of the violation
				  charged and shall be represented as satisfactory resolution of the matter for
				  purposes of public disclosure.
1. New
					 section filed 9-19-2011; operative 10-19-2011 (Register 2011, No.
					 38).
Note: Authority cited: Sections
						94877 and
						94936,
						Education Code. Reference: Sections
						94936 and
						94944,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75060 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether any of the grounds for denial set
					 forth in Section
					 480
					 of the Business and Professions Code exist, a crime or act shall be considered
					 substantially related to the qualifications, functions, or duties of any owner,
					 corporate director or member of the governing board, officer, or administrator
					 under any of the following circumstances:
(a) The crime or act involves any violation
				  of the Act or this chapter, Title IV of the federal Higher Education Act of
				  1965 (20 U.S.C. §
											1070, et seq.), the closure of an
				  institution, fraud or misrepresentation, breach of fiduciary duty, any type of
				  forgery or theft, or any type of dishonesty causing any financial
				  loss.
(b) The crime, to a
				  substantial degree, evidences present or potential unfitness to perform the
				  functions and duties authorized or required by the Act or this chapter in a
				  manner consistent with the public health, safety, or welfare, including a crime
				  prohibited by Title 8 (commencing with Section
				  187) or Title 9 (commencing with
				  Section 261) of the Penal Code.
1. New
					 article 3 (sections
					 75060-75500) and renumbering of
					 former section
					 74120 to new section
					 75060, including amendment of
					 section and NOTE, filed 3-28-2011; operative 4-27-2011 (Register 2011, No.
					 13).
Note: Authority cited: Sections
						94877,
						94885 and
						94932,
						Education Code. Reference: Sections
						480
						and
						481,
						Business and Professions Code; and Sections
						94885,
						94887,
						94932 and
						94937,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75070 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether any of the grounds for denial set
					 forth in Section
					 480
					 of the Business and Professions Code exist, the Bureau shall consider evidence
					 of rehabilitation and present eligibility for any approval issued by the
					 Bureau, including all of the following factors:
(a) The nature and severity of the acts or
				  crimes under consideration as grounds for denial;
(b) Evidence of any acts committed after the
				  acts or crimes under consideration as grounds for denial that also could be
				  considered grounds for denial;
(c)
				  The time that has elapsed since commission of the acts or crimes described in
				  subdivisions (a) and (b);
(d) The
				  extent to which the person has complied with any terms of parole, probation,
				  restitution, or any other sanctions lawfully imposed against the
				  applicant;
(e) Evidence of any
				  rehabilitation submitted by the applicant;
(f) Total criminal record;
(g) Evidence, if any, of expungement
				  proceedings pursuant to Section
				  1203.4 of the
				  Penal Code.
1.
					 Renumbering of former section
					 74130 to new section
					 75070, including amendment of
					 subsection (a) and NOTE, filed 3-28-2011; operative 4-27-2011 (Register 2011,
					 No. 13).
Note: Authority cited: Sections
						94877,
						94885 and
						94932,
						Education Code. Reference: Sections
						480
						and
						482,
						Business and Professions Code; and Sections
						94885,
						94887,
						94932 and
						94937,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75080 - Surrender of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any institution may at any time voluntarily surrender an
					 approval to operate by providing written notice to the Bureau. The surrender
					 shall be deemed irrevocable, and if the institution surrendering the approval
					 desires to regain approval, the person or institution shall submit a new
					 application.
1.
					 Renumbering of former section
					 74160 to new section
					 75080, including amendment of NOTE,
					 filed 3-28-2011; operative 4-27-2011 (Register 2011, No.
					 13).
Note: Authority cited: Sections
						94877 and
						94932,
						Education Code. Reference: Section
						118,
						Business and Professions Code; and Sections
						94932 and
						94937,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75090 - Stipulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director,
				  on behalf of the Bureau, may enter into a written stipulation with any
				  institution for an order to do any of the following:
(1) Impose probation;
(2) Impose a condition or restriction on, or
				  the suspension or revocation of, an approval to operate;
(3) Require the payment of fees, penalties,
				  costs and expenses incurred by the Bureau, reimbursements to the Student
				  Tuition Recovery Fund, or refunds or other amounts to or on behalf of
				  students.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75100 - Suspension, Revocation, or Probation of Approval to Operate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau may
				  suspend, revoke or place on probation with terms and conditions an approval to
				  operate.
(b) "Material violation"
				  as used in section
				  94937 of the Code includes
				  committing any act that would be grounds for denial under section
				  480
				  of the Business and Professions Code.
(c) The proceedings under this section shall
				  be conducted in accordance with Article 10 (commencing with Section
				  11445.10) of Chapter 4.5 or Chapter
				  5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code, as requested by the institution.
1. New
					 section filed 3-28-2011; operative 4-27-2011 (Register 2011, No.
					 13).
Note: Authority cited: Sections
						94877 and
						94937,
						Education Code. Reference: Section
						480,
						Business and Professions Code; and Sections
						94933,
						94935,
						94936,
						94937 and
						94940,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75140 - Actions Against a Provisional Approval to Operate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to any action permitted by the Bureau against
					 an approval to operate pursuant to Article 3 of Chapter 5 of this Division, the
					 Bureau may also take an action against a provisional approval to operate or a
					 provisional approval to offer a degree program.
1. New
					 section filed 1-30-2015 as an emergency; operative 2-1-2015 (Register 2015, No.
					 5). A Certificate of Compliance must be transmitted to OAL by 7-31-2015 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 7-30-2015 as an emergency; operative
					 7-31-2015 (Register 2015, No. 31). A Certificate of Compliance must be
					 transmitted to OAL by 10-29-2015 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 7-30-2015 order transmitted to OAL 10-9-2015 and filed 11-23-2015
					 (Register 2015, No. 48).
Note: Authority cited: Sections
						94877,
						94885.1 and
						94885.5,
						Education Code. Reference: Sections
						94885.1,
						94885.5,
						94887,
						94888 and
						94932,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 3 - Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate › Section 75150 - Emergency Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau may make an emergency decision
				  for temporary, interim relief pursuant to article 13 (commencing with section
				  11460.10) of Chapter 4.5 of Part 1
				  of Division 3 of Title 2 of the Government Code.
(b) The Bureau may make an emergency decision
				  pursuant to subdivision (a) where there is an immediate danger to the public
				  health, safety, or welfare that requires immediate action to protect students,
				  prevent misrepresentations to the public, or prevent the loss of public funds
				  or monies paid by students, including but not limited to fraud; a substantial
				  misrepresentation in the institution's Performance Fact Sheet, school catalog,
				  or enrollment agreement; a substantial failure to meet institutional minimum
				  operating standards; failure to meet statutory and regulatory requirements for
				  accreditation; or a substantial failure to obtain a necessary approval or
				  permit from another agency or regulatory body, affecting public health, safety
				  or welfare.
(c) The Bureau may
				  order temporary, interim relief in the form of some or all of the following
				  measures:
(1) cease or limit enrollment of
				  new students;
(2) cease part or all
				  instruction for some or all programs;
(3) cease collection of tuition or fees for
				  some or all programs.
(4) suspend
				  approval or provisional approval to operate or offer any degree
				  programs.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 4 - Compliance Inspections and Complaint Processing › Section 75200 - Compliance Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau shall provide not less than
				  seven (7) days notice from the time of service of the notice of any announced
				  inspection. Notice shall be given in writing by email or mail to a person
				  listed in section
				  71130(a) or
				  71135.
(b) The Bureau shall determine the priority
				  and number of total announced and unannounced compliance inspections and, as
				  necessary, immediate inspections for any institution by evaluating relevant
				  factors including: the risk factors listed in section
				  94941(c) of the
				  Code, priority of complaints based on section
				  75300, size of the institution,
				  number and types of programs offered, time elapsed since last inspection,
				  history of the owner's approval(s) to operate any and all institutions, and
				  enforcement history.
(c) The Bureau
				  is not precluded from conducting an investigation of an institution whether or
				  not it has conducted some or all of its compliance inspections in the five-year
				  period referenced in Section
				  94932.5 of the Code.
1. New
					 article 4 (sections
					 75200-75210) and section filed
					 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
2.
					 Amendment of article heading, section and NOTE filed 4-5-2017; operative
					 7-1-2017 (Register 2017, No. 14).
Note: Authority cited: Sections
						94877,
						94932.5 and
						94941,
						Education Code. Reference: Sections
						94932.5 and
						94941,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 4 - Compliance Inspections and Complaint Processing › Section 75300 - Complaint Prioritization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the priorities set in
				  section 94941(e) of the
				  Code, the Bureau determines the following complaint categories will also be of
				  high priority when processing complaints:
(1)
				  Financial harm to students;
(2)
				  Financial instability of institution;
(3) Breach of enrollment agreement;
(4) Maintenance or condition of facilities
				  and equipment that could lead to harm to the public;
(5) Operation of an institution outside the
				  scope of its approval status.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 4 - Compliance Inspections and Complaint Processing › Section 75500 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
					 administrative adjudication provisions of the Administrative Procedure Act
					 (Government Code section
					 11400 et
					 seq.), the Bureau shall comply with the "Disciplinary Guidelines" [August
					 2010], which are hereby incorporated by reference. Deviation from these
					 disciplinary guidelines and orders, including the standard terms of probation,
					 is appropriate where the Bureau in its sole discretion determines that the
					 facts of the particular case warrant such deviation, e.g., the presence of
					 aggravating or mitigating factors; age of the case; discipline history;
					 evidentiary issues.
1. New
					 section filed 3-28-2011; operative 4-27-2011 (Register 2011, No.
					 13).
Note: Authority cited: Sections
						94877 and
						94937,
						Education Code. Reference: Section
						480,
						Business and Professions Code; Sections
						94933,
						94935,
						94936,
						94937 and
						94940,
						Education Code; and Section
						11425.50(e),
						Government Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 1 - General Provisions › Section 76010 - Teach-Out Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of
					 section and NOTE filed 9-11-2003; operative 9-11-2003 pursuant to Government
					 Code section
					 11343.4
					 (Register 2003, No. 37).
4. Repealer filed 2-1-2010 as an emergency;
					 operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be
					 transmitted to OAL by 8-2-2010 or emergency language will be repealed by
					 operation of law on the following day.
5. Repealer refiled 7-30-2010
					 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of
					 Compliance must be transmitted to OAL by 10-28-2010 or emergency language will
					 be repealed by operation of law on the following day.
6.
					 Reinstatement of section as it existed prior to 2-1-2010 repeal by operation of
					 Government Code section
					 11346.1(f)
					 (Register 2010, No. 47).
7. Repealer refiled 12-1-2010 as an
					 emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of
					 Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be
					 repealed by operation of law on the following day.
8. Certificate of
					 Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed
					 4-12-2011 (Register 2011, No. 15).
Note: Authority cited: Sections
						94770,
						94774 and
						94778,
						Education Code. Reference: Section
						94944,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 1 - General Provisions › Section 76020 - Student Tuition Recovery Fund (STRF)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fund exists to relieve or mitigate
				  economic losses suffered by a student while enrolled at a qualifying
				  institution, who at the time of enrollment is or was a California resident or
				  was enrolled in a California residency program, if the student enrolled in the
				  institution and the student or a third-party payer prepaid tuition, paid or is
				  deemed to have paid the assessment and suffered economic loss as a result of
				  any of the conditions specified in section
				  94923 of the Code or due to an
				  institution losing its eligibility to receive a third-party payer benefit such
				  as Cal Grant, Pell Grant, or veterans' financial aid programs under Title 38 of
				  the Code of Federal Regulations.
1. New
					 section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 7-30-2010 as an emergency; operative
					 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be
					 transmitted to OAL by 10-28-2010 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2010, No. 47).
4. New section refiled with amendments
					 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A
					 Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 12-1-2010 order, including
					 amendment of subsection (a), transmitted to OAL 3-1-2011 and filed 4-12-2011;
					 amendments operative 5-12-2011 (Register 2011, No. 15).
6. Amendment
					 filed 8-10-2017; operative 8-10-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 32).
Note: Authority cited: Sections
						94803,
						94877 and
						94923,
						Education Code. Reference: Sections
						94874.1,
						94923,
						94926,
						94927 and
						94927.5,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 1 - General Provisions › Section 76100 - Institutions Subject to Assessment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Repealer
					 filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 37).
4. Relocation of article 2 heading to
					 precede section
					 76120 filed 2-1-2010 as an
					 emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be
					 repealed by operation of law on the following day.
5. Relocation of
					 article 2 heading to precede section
					 76120 refiled 7-30-2010 as an
					 emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of
					 Compliance must be transmitted to OAL by 10-28-2010 or emergency language will
					 be repealed by operation of law on the following day.
6.
					 Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by
					 operation of Government Code section
					 11346.1(f)
					 (Register 2010, No. 47).
7. Relocation of article 2 heading to
					 precede section
					 76120 refiled 12-1-2010 as an
					 emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of
					 Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be
					 repealed by operation of law on the following day.
8. Certificate of
					 Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed
					 4-12-2011 (Register 2011, No. 15).
Note: Authority cited: Sections
						94305 and
						94337,
						Education Code. Reference: Sections
						94342 and
						94343,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 1 - General Provisions › Section 76110 - Assessment Base. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-12-92 order transmitted to
					 OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Repealer
					 filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 37).
Note: Authority cited: Sections
						94305 and
						94337,
						Education Code. Reference: Section
						94343,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 2 - STRF Assessments › Section 76120 - Amount of STRF Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each qualifying institution shall collect an assessment of zero dollars ($0.00)
				  per one thousand dollars ($1,000) of institutional charges, rounded to the
				  nearest thousand dollars, from each student in an educational program who is a
				  California resident or is enrolled in a residency program. For institutional
				  charges of one thousand dollars ($1,000) or less, the assessment is zero
				  dollars ($0).
Note: Authority cited: Sections 94803, 94877, 94923 and
						94924, Education Code. Reference: Sections 94843, 94911(b), 94923 and 94924,
						Education Code.
Note: Authority cited: Sections
						94803,
						94877,
						94923 and
						94924,
						Education Code. Reference: Sections
						94843,
						94911(b),
						94923 and
						94924,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 2 - STRF Assessments › Section 76130 - Collection and Submission of Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) A
				  qualifying institution shall collect the assessment from each student in an
				  educational program at the time it collects the first payment from or on behalf
				  of the student at or after enrollment. The assessment shall be collected for
				  the entire period of enrollment, regardless of whether the student pays the
				  institutional charges in increments.
(2) The assessment to be collected from a
				  re-enrolling student shall be limited to any amount that is due after crediting
				  any prior assessment amount paid by the student. The enrollment agreement shall
				  clearly identify any prior STRF assessment paid by the
				  student.
California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 6 - Student Tuition Recovery Fund › Article 2 - STRF Assessments › Section 76140 - Record-Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A qualifying institution shall collect
				  and maintain records of student information to substantiate the data reported
				  on the STRF Assessment Reporting Form and records of the students' eligibility
				  under the Fund. Such records shall include the following for each student:
(1) Student identification number,
(2) First and last names,
(3) Email address,
(4) Local or mailing address,
(5) Address at the time of
				  enrollment,
(6) Home
				  address,
(7) Date enrollment
				  agreement signed,
(8) Courses and
				  course costs,
(9) Amount of STRF
				  assessment collected,
(10) Quarter
				  in which the STRF assessment was remitted to the Bureau,
(11) Third-party payer identifying
				  information,
(12) Total
				  institutional charges charged, and
(13) Total institutional charges
				  paid.