reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ADMINISTRATORS, SUPERVISORS AND INSTRUCTORS › Section 73.102 - Director and Acting Director

Current through Register Vol. 54, No. 28, July 13, 2024
A school shall designate a Director and at least one Acting
					 Director. Either the Director or an Acting Director shall be present in the
					 school during all hours of operation. The Director and Acting Director shall
					 have a high school diploma or equivalent and shall have at least two of the
					 following qualifications:
(1) An
				  earned degree.
(2) At least 2 years
				  of related work experience in a specific field for which training is offered at
				  the school.
(3) At least 1 year of
				  actual administrative or supervisory experience.
(4) At least 2 years of applied work
				  experience in training or education.
This section cited in 22 Pa. Code §
												73.52 (relating to contents of
						application).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ADMINISTRATORS, SUPERVISORS AND INSTRUCTORS › Section 73.103 - Educational supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
If a school designates an educational supervisor, the
					 following apply:
(1)
Duties.
(i) Responsibility
				  for a group of instructors in a particular field or area of
				  specialization.
(ii)
				  Responsibilities may include, but are not limited to, instructional assistance,
				  recordkeeping and curriculum.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ADMINISTRATORS, SUPERVISORS AND INSTRUCTORS › Section 73.104 - Instructor

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Duties
. The primary duties of an instructor involve teaching,
				  advising students and maintaining accurate academic records.
(b)
Qualifications
. An
				  instructor shall have one of the following:
(1) A baccalaureate degree with a major in
				  the specific field of instruction.
(2) At least 2 years' work experience in the
				  specific field of instruction which is acceptable to the Director.
(3) Two years' teaching experience in the
				  specific field of instruction.
(4)
				  A journeyman's license relevant to the specific field of instruction.
(5) Demonstrated competency in the specific
				  field for which training is offered.
(6) Vocational education certification in the
				  specific field of instruction.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ADMINISTRATORS, SUPERVISORS AND INSTRUCTORS › Section 73.105 - Assistant instructor

Current through Register Vol. 54, No. 28, July 13, 2024
A graduate of the school who does not meet the requirements
					 of §
										73.104 (relating to instructor)
					 may, upon approval by the Director, be employed as an assistant instructor to
					 teach the program or course from which he graduated. An assistant instructor
					 shall be under the supervision of an instructor and shall hold assistant
					 instructor status until the qualifications for instructor status are
					 met.
This section cited in 22 Pa. Code §
												73.52 (relating to contents of
						application).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ADMINISTRATORS, SUPERVISORS AND INSTRUCTORS › Section 73.106 - Laboratory and shop aide

Current through Register Vol. 54, No. 28, July 13, 2024
A student, approved by the Director, may be employed as a
					 laboratory/shop aide. This person shall have satisfactorily completed all of
					 the courses in which assistance is offered.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › REASONABLE SERVICE AND BUSINESS ETHICS › Section 73.111 - Statement requirement

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant, licensee or registrant shall be required to
					 certify compliance with the Board's statement on reasonable service and
					 business ethics. One of the following shall certify compliance on behalf of the
					 school:
(1) Owner.
(2) Partner.
(3) Chief Executive Officer.
(4) Director.
This section cited in 22 Pa. Code §
												73.52 (relating to contents of
						application).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › REASONABLE SERVICE AND BUSINESS ETHICS › Section 73.112 - Statement of reasonable service and business ethics

Current through Register Vol. 54, No. 28, July 13, 2024
A school shall sign and submit the following
					 statement:
"Recognizing that a strong private school system is an
					 important part of the educational continuum and that a unique relationship is
					 established between student and school, I/we agree to the following:
In addition to my/our compliance in all respects with the
					 provisions of Act 174, Private Licensed Schools Act and the regulations of the
					 State Board of Private Licensed Schools, I/we will:
Develop and present an educational program which affords
					 students the opportunity to develop program competencies.
Provide a place of instruction, equipment adequate to the
					 number of students enrolled and other facilities which will support the
					 educational objectives of the school.
Maintain school facility in compliance with all applicable
					 health and safety regulations.
Recruit and support a faculty and staff which is committed
					 to student develop- ment and learning and supply this faculty and staff with
					 the resources necessary to satisfy student learning objectives.
Honestly promote the school and its programs by ensuring
					 that all student publications, advertising and printed materials contain full
					 and accurate information and that all admissions representatives are completely
					 trained and familiar with the school and its programs.
Monitor the activities of admissions representatives on a
					 regular basis.
Adhere to all legal requirements concerning the student's
					 education.
Ensure the delivery of the educational program contracted
					 for as long as students fulfill their contracted obligations to the
					 school.
Cooperate with the State Board of Private Licensed Schools
					 and the Pennsylvania Department of Education to promote and advance the quality
					 of education offered by all schools.
"I/We ______________________, ___________________
					 do
(names) (titles)
hereby affirm ____________________________________
					 adherence to (name of school) the State Board of Private Licensed School's
					 Policy on Reasonable Service and Business Ethics set forth
					 above."
This section cited in 22 Pa. Code §
												73.52 (relating to contents of
						application).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENROLLMENT AGREEMENT › Section 73.121 - General requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A school shall use a written agreement, which shall be the
					 binding contract between the school and the student. In lieu thereof, the
					 school may use an application signed by the student, ensure that the student is
					 provided with student information publications describing the subject matter of
					 the contracted for instruction and a letter of acceptance by the school.
(1) A copy of the enrollment agreement or its
				  alternative as set forth in this section shall be included with the school's
				  application for original and renewal licensure or registration.
(2) Two separate enrollment agreements or an
				  alternative as set forth in this section shall be used for a nonresident
				  program which includes voluntary resident training. Each of these agreements
				  shall make reference to the other.
This section cited in 22 Pa. Code §
												73.132 (relating to application or
						registration fee).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENROLLMENT AGREEMENT › Section 73.122 - Contents of enrollment agreement

Current through Register Vol. 54, No. 28, July 13, 2024
The enrollment agreement or its alternative shall include,
					 but not be limited to, the following:
(1)
The school name and address.
The name and address of the school the student will be
				  attending.
(2)
The
				  student's name.
(3)
The title of the program.
The program title as approved by the
				  Board and identified in the school's student information publication.
(4)
The time required.
The
				  number of clock hours or credit hours, if applicable, and the number of weeks
				  or months required to complete the course or program.
(5)
Certificate, diploma or
				  degree.
The type of award the student will receive upon successful
				  completion of the program.
(6)
Costs.
The costs for the following when applicable:
(i)
Tuition.
Total tuition
				  for the program. For programs which include nonresident and resident training,
				  the tuition for the nonresident training, the tuition for the resident training
				  and the total tuition for the complete combined program shall be
				  stated.
(ii)
Books and
				  supplies.
Estimated costs for books and supplies. If the costs for
				  books and supplies are included in the tuition, this shall be clearly
				  explained.
(iii)
Interest
				  or finance charges, or both.
If interest or finance charges, or both,
				  will be charged, the total amount of these charges shall be listed in
				  accordance with Federal truth-in-lending and State retail installment
				  requirements.
(iv)
Room and
				  board.
If the school provides room or board, or both, for students,
				  the enrollment agreement shall specify that a separate agreement shall be
				  entered into for that purpose.
(v)
Other costs.
Other costs and charges, such as application fee,
				  student activity fee or laboratory fees, shall be listed.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.131 - Schedule of tuition and fees

Current through Register Vol. 54, No. 28, July 13, 2024
A school shall include a schedule of its tuition, fees and
					 other costs under the school's control in its application for original and
					 renewal license or registration.
(1)
				  Changes in tuition, fees and other costs under the school's control shall be
				  reported to the Board before they become effective.
(2) Changes in tuition, fees and costs under
				  the school's control may not become effective for currently enrolled students
				  unless students are notified of the change at least 60 calendar days prior to
				  the effective date of the change.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.132 - Application or registration fee

Current through Register Vol. 54, No. 28, July 13, 2024
A school may charge an application or a registration fee
					 which may not exceed 15% of the amount of tuition or $150, whichever is less.
					 The application or registration fee is fully refundable if the student requests
					 cancellation within 5 calendar days after signing the enrollment agreement or,
					 if the alternative set forth in §
										73.121 (relating to general
					 requirement) is used, 5 calendar days after submitting the application, if no
					 classes have been attended, lessons completed or materials used. A request for
					 cancellation which is not made in writing shall be confirmed in writing by the
					 student within an additional period of 5 calendar days. The school may retain
					 all of the fee after 5 calendar days or after 10 calendar days absent written
					 confirmation, where required.
This section cited in 22 Pa. Code §
												73.134 (relating to refund and
						withdrawal policies).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.133 - Refund in the event of rejection

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant rejected by the school is entitled to a refund
					 of monies paid.
This section cited in 22 Pa. Code §
												73.134 (relating to refund and
						withdrawal policies).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.134 - Refund and withdrawal policies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Refund and withdrawal
				  policy-resident programs of 6 weeks or longer duration.
(1) For a student cancelling after the fifth
				  calendar day following the date of enrollment as defined in §
											73.132 (relating to application or
				  registration fee) but prior to the beginning of classes, monies paid to the
				  school shall be refunded except the nonrefundable amount of the application or
				  registration fee as calculated in §
											73.132.
(2) If a student enrolls and withdraws or
				  discontinues after the term, semester or quarter has begun but prior to
				  completion of the term, semester or quarter, the following minimum refunds
				  apply:
(i) For a student withdrawing from or
				  discontinuing the program during the first 7 calendar days of the term,
				  semester or quarter, the tuition charges refunded by the school shall be at
				  least 75% of the tuition for the term, semester or quarter.
(ii) For a student withdrawing from or
				  discontinuing the program after the first 7 calendar days, but within the first
				  25% of the term, semester or quarter, the tuition charges refunded by the
				  school shall be at least 55% of the tuition for the term, semester or
				  quarter.
(iii) For a student
				  withdrawing or discontinuing after 25% but within 50% of the term, semester or
				  quarter, the tuition charges refunded by the school shall be at least 30% of
				  the tuition.
(iv) For a student
				  withdrawing from or discontinuing the program after 50% of the term, semester
				  or quarter, the student is entitled to no refund.
(v) For refund computations, a term, semester
				  or quarter may not exceed 18 weeks.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.135 - Termination date

Current through Register Vol. 54, No. 28, July 13, 2024
The termination date for refund computation purposes is the
					 last date of recorded attendance of the resident student or the date the
					 nonresident student requests cancellation.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.136 - Period of refund

Current through Register Vol. 54, No. 28, July 13, 2024
Refunds shall be made within 30-calender days of the date
					 the student fails to enter, leaves the program or fails to return from a leave
					 of absence.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › TUITION AND FEES; REFUND AND WITHDRAWAL POLICIES; SCHOLARSHIP › Section 73.137 - Permitted alternatives

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  school may establish its own refund policy or adopt the refund policy of a
				  national accrediting agency if the terms of the policy are more advantageous to
				  the student than the terms of the policies described in this chapter.
(b) If the number of lessons or weeks in a
				  program is such that adherence to this refund policy is unworkable or would
				  yield results inconsistent with the refund policies in this chapter, a school
				  shall petition the Board to approve an alternative policy which shall be
				  approved prior to implementation and shall follow the intent of the policies
				  outlined in this chapter as closely as possible.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ISSUANCE AND RENEWAL OF SCHOOL LICENSE OR REGISTRATION › Section 73.141 - Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will issue an original school license or
					 registration to a school approved by the Board as meeting the requirements of
					 the act and this chapter. The Board may refuse to issue a license when the
					 Board determines that the applicant's school name appears to be misleading to
					 the public concerning the nature or scope of the school.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ISSUANCE AND RENEWAL OF SCHOOL LICENSE OR REGISTRATION › Section 73.142 - Duration and renewal

Current through Register Vol. 54, No. 28, July 13, 2024
An original school license is effective from the date it is
					 issued until the first day of the month it was issued in the following year.
					 Thereafter, the license shall be renewed biennially on a form prepared and
					 furnished by the Board.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ISSUANCE AND RENEWAL OF SCHOOL LICENSE OR REGISTRATION › Section 73.143 - License or registration not transferable

Current through Register Vol. 54, No. 28, July 13, 2024
A school will be issued a separate license or registration,
					 which is not transferable.
(1) If a
				  change of ownership occurs, but the faculty, student body, programs and
				  location of the school remain essentially the same, the license or registration
				  will remain in force. This does not constitute a transfer of license or
				  registration.
(2) Within 14
				  calendar days after the consummation of the sale, the new owners shall report
				  the following information to the Board:
(i)
				  The name and address of the new owners. For a closed corporation this includes
				  shareholders owning 5% or more of the outstanding stock whether or not the
				  ownership is real or beneficial. For a publicly traded corporation, this
				  includes the three primary corporate officers. For a partnership or
				  proprietorship this includes the owners.
(ii) A statement of financial responsibility
				  required by the act and this chapter.
(iii) A statement assuring completion of
				  contracts with existing students.
(iv) Evidence of surety under §
											73.54 (relating to
				  surety).
(v) Evidence that a bona
				  fide sales transaction has taken place.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › FEES › Section 73.151 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
License
				  fees.
The fees for school and admissions representative licenses shall
				  accompany both original and renewal license and registration applications. The
				  fee schedule is:
(1) For an original school
				  license or registration-$7,500. The fee for an original school license or
				  registration includes the user fee for the application for approval of one new
				  program. Each additional new program application submitted with a new license
				  application shall be accompanied by an additional new program approval fee as
				  set forth in subsection (b)(1).
(2)
				  For an original school license or registration of a school that only presents
				  seminars-$2,000.
(3) For a renewal
				  school license or registration-biennial fee based on gross tuition revenue:
Gross Tuition Revenue
Fee
$0-4,999
$1,000
$5,000-9,999
$2,000
$10,000-49,999
$2,500
$50,000-99,999
$2,700
$100,000-149,999
$2,800
$150,000-199,999
$3,000
$200,000-249,999
$3,500
$250,000-299,999
$4,000
$300,000-399,999
$4,500
$400,000-499,999
$5,000
$500,000-749,999
$5,500
$750,000-999,999
$6,000
$1,000,000 and over
$6,500 plus $500 for
								each additional $500,000 in revenue with $35,000 cap
(4)
				  For an admission representative license-$600 annually.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › FEES › Section 73.152 - Multibranch training school license fee

Current through Register Vol. 54, No. 28, July 13, 2024
A multibranch training school is required to pay only one
					 fee for all of its branch facilities as defined in the act and this
					 chapter.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › FEES › Section 73.153 - Fees nonrefundable

Current through Register Vol. 54, No. 28, July 13, 2024
The license or registration fee submitted with an
					 application is not refundable if the license or registration is denied. No
					 portion of the fee will be refunded upon suspension or revocation of a license
					 or registration. The Board may refund the license or registration fee if the
					 Board determines that an applicant, not applying for optional licensure or
					 registration, is not required to be licensed or registered. The user fees paid
					 for Board services are also nonrefundable, except that a person who fails to
					 attend a new school orientation seminar for which the person has paid may
					 attend a subsequent seminar.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › DIRECTORY OF LICENSED SCHOOLS › Section 73.161 - Annual directory

Current through Register Vol. 54, No. 28, July 13, 2024
An annual directory of schools will be prepared by the
					 Board staff. At a minimum, this directory will include the school name,
					 address, telephone number, name of the Director and a list of the approved
					 programs. The directory will be available to the general public upon
					 request.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › REQUIREMENTS FOR LICENSURE AND OPERATION › Section 73.171 - Inspection and disclosure

Current through Register Vol. 54, No. 28, July 13, 2024
No school may be granted a license or permitted to continue
					 to operate under a granted license unless it permits the Board staff to inspect
					 the school and makes available to the Board, at any time when requested to do
					 so, information pertaining to the operation of the school.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › REQUIREMENTS FOR LICENSURE AND OPERATION › Section 73.172 - Display of license

Current through Register Vol. 54, No. 28, July 13, 2024
A school is required to display its current license on the
					 school's premises in a place where it is conspicuously available for
					 inspection.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › REQUIREMENTS FOR LICENSURE AND OPERATION › Section 73.173 - Advertisements and representations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The advertising and representations made
				  by a person representing the school may neither misrepresent facts relating to
				  the school nor mislead prospective students or the general public.
(b) A school may not use a name, other than
				  the name appearing on its license or registration, for advertising or publicity
				  purposes. A school may not advertise or imply that it is supervised,
				  recommended, endorsed, accredited or approved by the Department or the
				  Board.
(c) A statement on licensure
				  or registration shall read, "Licensed (Registered) by the Pennsylvania State
				  Board of Private Licensed Schools."
(d) A school may not claim or imply that it
				  is endorsed by colleges, universities or other institutions of higher
				  learning.
(e) A school may not
				  claim or imply that it will guarantee one of the following upon completion of
				  its course or program:
(1) Admission to an
				  educational institution.
(2)
				  Employment.
(3) A specific
				  wage.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.181 - General rule

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may take action for the enforcement of its
					 policies, rules and regulations.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.182 - Suspension and revocation of license

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may refuse to issue, suspend or revoke a license
					 or registration if it finds that a school or an admissions representative has
					 violated the act or this chapter.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.183 - Violations by licensees

Current through Register Vol. 54, No. 28, July 13, 2024
Violations of the act and of this chapter shall be subject
					 to the enforcement procedures set forth in §§ 73.181-73.193.
This section cited in 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.183a - Prosecution of violations and other matters

Current through Register Vol. 54, No. 28, July 13, 2024
Prosecution of suspected violations and of actions to
					 refuse, suspend or revoke licenses or registrations will be under the direction
					 and control of the review and recommendation panel. On or before July 1 of each
					 year, the Board chairperson will appoint three Board members to serve on the
					 review and recommendation panel from July 1 through June 30. Members of this
					 panel shall be prohibited from serving on hearing panels under §
										73.188 (relating to hearings). In
					 addition, they shall recuse themselves at all times from service on a hearing
					 panel and from Board deliberation and action on any matter that came before the
					 review and recommendation panel during their time of service.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.184 - Reporting of potential violation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A suspected violation of the act or this
				  chapter may be reported to Board staff.
(b) The report will be investigated by the
				  Board staff to determine if the action constitutes a violation of the act or
				  this chapter.
(c) If the violation
				  is verified by Board staff as a complaint, it will be reported to the review
				  and recommendation panel for disposition.
(d) The review and recommendation panel will
				  consider the report of Board staff and other relevant information and give
				  specific instructions to the staff for the resolution of complaints.
(e) A complaint which is not resolved to the
				  satisfaction of the review and recommendation panel may subject the school to
				  enforcement proceedings under §§ 73.181-73.193.
This section cited in 22 Pa. Code §
												73.1 (relating to definitions);
						and 22 Pa. Code §
												73.183 (relating to violations by
						licensees).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.185 - Investigation procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The Board staff will investigate a possible violation of
					 the act or this chapter. The investigation will, at a minimum, include
					 interviewing both the complainant and a representative of the school and
					 collecting relevant documents. Upon completion of the investigation,
					 recommendations will be made to the school. The school's response to the
					 recommendations will be monitored. If the Board staff determines that a
					 violation has occurred and it has not been satisfied or corrected, staff will
					 prepare a written report of its findings for submission to the review and
					 recommendation panel. After consideration of the report, the review and
					 recommendation panel will direct the staff to take appropriate action resolving
					 the complaint or initiating enforcement proceedings.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.186 - Notice of violation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When the review and recommendation panel directs staff to initiate enforcement
				  proceedings against a school or admissions representative, staff shall prepare
				  and send an appropriate notice of violation. The notice of violation will state
				  that the school may be in violation of the act or this chapter, the nature of
				  the violation, the basis for the panels' conclusions and that the school or
				  admissions representative may be subject to penalties in this chapter and a
				  penalty for default. The violation shall be cured within the period specified
				  in the notice or within 14-calendar days from the mailing date of the notice
				  when a period is not specified.
(b)
				  The notice will be served upon the school by United States Postal Service
				  certified mail, return receipt requested and is effective from the date of the
				  notice.
(c) Within the cure period,
				  the school or admissions representative shall provide to the Board staff a
				  sworn or verified written statement stating that the violation has been cured
				  or did not exist and the facts which establish the same. Upon receipt of the
				  statement, staff will refer it to the review and recommendation panel. At the
				  direction of the panel, Board staff will either notify the school in writing
				  that the statement is accepted and that the complaint is closed or that the
				  statement is rejected and that the school should show cause why enforcement
				  action should not be taken. In the latter case, the school or admissions
				  representative has 14-calendar days from the mailing date of the notification
				  to request a hearing. The request shall be in writing and addressed to the
				  Coordinating Secretary of the Board.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.187 - Notice of civil penalty

Current through Register Vol. 54, No. 28, July 13, 2024
A school which has received a notice of violation, has not
					 responded or has not responded to the satisfaction of the review and
					 recommendation panel and has not requested a hearing within the time
					 prescribed, is liable to a levy of civil penalty or conviction of a summary
					 offense.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.188 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A hearing requested before the Board will be
				  conducted under the procedures in
				  2
				  Pa.C.S. §§
											501-508 (relating to practice and
				  procedure of Commonwealth agencies) and 1 Pa. Code Part II (relating to general
				  rules of administrative practice and procedure).
(b)
Scheduling.
Upon receipt
				  of a request for a hearing, the Board will establish a hearing date and provide
				  the requesting party reasonable notice of the date, time and place of the
				  hearing.
(c)
Panel.
The Board will empanel three of its members to conduct
				  a hearing. The hearing panel will hear the evidence and submit written findings
				  and recommendations to the Board. The hearing panel may not include any member
				  of the review and recommendation panel that reviewed and directed the
				  prosecution of the case.
(d)
Briefs and argument.
The parties to the hearing may submit
				  briefs to the Board and may request the opportunity to present oral argument
				  before the full Board.
(e)
Adjudication.
After consideration of the hearing panel's
				  findings and recommendation, and briefs or oral arguments, the Board will vote
				  on the matter and reduce its decision to writing. The Board members who served
				  on the review and recommendation panel for the matter being considered by the
				  Board shall recuse themselves from the discussion, consideration and voting on
				  the matter. Hearing panel members may participate in the Board's adjudication
				  of the matter heard by the panel. The Board's written decision will contain
				  findings of fact, conclusions of law and discussion thereof. The Board's
				  written decision and an accompanying order describing the disciplinary action
				  taken in connection therewith, will be sent to all parties by United States
				  Postal Service certified mail, return receipt requested, and is effective as of
				  the date of mailing. The written decision of the Board constitutes an
				  adjudication within the meaning of
				  2
				  Pa.C.S. §
											101 (relating to definitions) and
				  may be appealed under
				  2
				  Pa.C.S. §
											702 (relating to appeals). If the
				  Board adjudication is not appealed, it will be deemed final.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); 22 Pa. Code §
												73.183a (relating to prosecution
						of violations and other matters); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.189 - Guidelines for civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Board may levy civil penalties for violations of the act or for operation
				  of a school without being licensed or registered.
(b) For a first violation, a penalty of not
				  more than $500 may be assessed. For a second violation within 3 years, a
				  penalty of not more than $750 may be assessed. For a third violation within 3
				  years, a penalty of not more than $1,000 may be assessed.
(c) Nothing in this section prohibits the
				  Board from causing the suspension or revocation of a license or registration
				  issued under its authority in addition to a civil penalty which is
				  imposed.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.190 - Suspension procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If,
				  after a hearing is provided in this chapter, the Board determines to suspend a
				  license or registration, the Board will serve upon the school or admissions
				  representative, a notice of suspension by United States Postal Service
				  certified mail, return receipt requested.
(b) The notice shall direct the licensee or
				  registrant to:
(1) Surrender to the Board for
				  safekeeping current enrollment agreements.
(2) Cease and desist activities related to
				  recruitment or enrolllment of students or prospective students.
(3) Refund prepaid tuitions under the
				  supervision of the Board or its designee.
(4) Commence a teachout or refund unearned
				  tuition as specified by the Board and under the supervision of the Board or a
				  designee.
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.191 - Revocation procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If,
				  after a hearing as provided in this chapter, the Board determines to revoke a
				  license or registrant, the Board will serve upon the licensee or registrant, a
				  notice of revocation by United States Postal Service certified mail, return
				  receipt requested.
(b) The notice
				  shall direct the licensee or registrant to:
(1) Surrender current enrollment agreements
				  to the Board for safekeeping.
(2)
				  Cease and desist from recruitment or enrollment of students or prospective
				  students.
(3) Terminate its
				  operations.
(4) Refund prepaid and
				  unearned tuitions under the supervision of the Board or a designee.
(5) Surrender its active and closed student
				  records to its designated depository for safekeeping as provided in §§
											73.23-73.25 (relating to long-term
				  retention of transcript of academic performance; disposition of student records
				  statement; and content of disposition statement).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.192 - Violation by unlicensed or unregistered person or entity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon determination by the review and
				  recommendation panel that an unlicensed or unregistered activity has occurred
				  or is occurring, the panel may direct staff to serve upon the person or entity
				  a notice of unlicensed or unregistered activity. The notice will require the
				  person or entity to cease and desist from the activity under specified sections
				  of the act or this chapter proscribing the activity, or the person or entity
				  will be liable to pay a civil penalty of not more than $1,000 and will be
				  liable to prosecution for a summary offense punishable by a maximum fine of
				  $300. The notice will state that if a hearing is not requested within 24 hours
				  of receipt of the notice, the notice shall constitute a final adjudication by
				  the Board.
(b) A person or entity
				  who engages in an unlicensed or unregistered activity and fails to obey or
				  otherwise respond to a notice to cease and desist from the activity under this
				  section or fails to obey or otherwise respond to the processes of a judicial
				  district of this Commonwealth or a subpoena of the Attorney General will be
				  refused a license by the Board for at least 5 years from the mailing date of
				  the notice of unlicensed or unregistered activity.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › ENFORCEMENT, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE › Section 73.193 - Collection of penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  penalty which has become final by operation of law and remains unpaid shall be
				  the subject of an advisory by the Board to the Attorney General to collect the
				  unpaid penalty.
(b) A licensee or
				  registrant who fails to pay a penalty levied under this chapter is liable to
				  automatic suspension until the penalty has been paid.
(c) An unlicensed or unregistered person or
				  entity who fails to pay a penalty levied under this chapter shall be refused a
				  license or registration until the penalty has been paid and for a period of at
				  least 5 years from the date of payment.
This section cited in 22 Pa. Code §
												73.183 (relating to violations by
						licensees); and 22 Pa. Code §
												73.184 (relating to reporting of
						potential violation).
Pennsylvania Code › Title 22 - EDUCATION › Part III - State Board of Private Licensed Schools › Chapter 73 - GENERAL PROVISIONS › REPORTABLE EVENTS › Section 73.201 - Reportable events

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  school is required to notify Board staff of an event which is reportable under
				  this chapter.
(1) No particular form of notice
				  is required by the Board.
(2) A
				  notice shall be in writing and mailed to Board staff.
(3) An event shall be deemed reported when
				  the written notice is deposited in the mail.
(4) A notice of a reportable event shall be
				  made to the Board within 48 hours from the date the school knew or should have
				  known of the occurrence of the event.
(5) Failure by a school to report an event
				  within the time prescribed by this section is a violation.
Pennsylvania Code › Title 22 - EDUCATION › Part VI - Bureau of Private Schools and Veterans Education › Chapter 101 - PRIVATE DRIVER TRAINING SCHOOLS › PRELIMINARY PROVISIONS › Section 101.101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
Act
-The act of January 18, 1952 (P. L.
					 (1951) 2128, No. 605) (24 P. S. §§
											2831-2931), known as the Private Driver
					 Education or Training School Act.
Agent
-A person, whether employed by a
					 private driver education or training school or operating in his own behalf, or
					 whether acting in behalf of a school located within or outside of this
					 Commonwealth, who personally solicits an individual within this Commonwealth to
					 enroll in a school.
Department
-The Department of Education of
					 the Commonwealth.
Director
-The supervisor or director of a
					 private driver education or training school.
Identification card
-A card issued by the
					 Department to a private driver education or training school for a teacher
					 employed by the school.
Location
-Either the business address for a
					 specific licensed private driver education or training school or the address of
					 the site of the school's theoretical or classroom driver training area.
Owner
-A person or business entity which
					 owns a private driver education or training school but does not necessarily
					 oversee the daily operation thereof.
Professional staff member
-An agent,
					 teacher or director of a private driver education or training school.
School
-A school maintained, classes
					 conducted or instruction offered by an individual, association, partnership or
					 corporation, for a consideration, profit or tuition, the purpose of which is to
					 educate individuals, either practically or theoretically, or both, to operate
					 or drive a motor vehicle.
Teacher
-A person who provides classroom
					 instruction or practical behind-the-wheel instruction.
Vehicle
-A car or truck weighing up to
					 11,000 pounds.
Pennsylvania Code › Title 22 - EDUCATION › Part VI - Bureau of Private Schools and Veterans Education › Chapter 101 - PRIVATE DRIVER TRAINING SCHOOLS › PRELIMINARY PROVISIONS › Section 101.102 - Laws applicable to private driver training schools

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the act, the following laws apply to private
					 driver training schools:
(1)
Fictitious Names Act.
54 Pa.C.S. §§
											301-322
				  which states that an entity which either alone or in combination with another
				  entity conducts business in this Commonwealth under or through a fictitious
				  name shall register the fictitious name by filing an application for the
				  registration of a fictitious name in the Department of State.
(2)
Untrue, false and misleading
				  advertising.
18 Pa.C.S. §
											4107 which
				  provides that it is unlawful for a person to make, in the course of business, a
				  false statement in an advertisement for the purpose of promoting the purchase
				  or sale of property or services.
(3)
Restraint of unlicensed
				  activities.
The act of April 18, 1949 (P. L. 482, No. 106)
				  (71
				  P. S. §
											1036.1) which authorizes the
				  Department to prohibit and restrain an unlicensed person, association,
				  partnership or corporation from engaging in any activity for which a license is
				  required or issued.
(4)
Cancellation of licenses.
Section 811 of The Administrative
				  Code of 1929 (71 P. S. §
											279.2) which
				  authorizes the cancellation of a certificate, license, permit or registration
				  obtained through fraud or misrepresentation.
(5)
Fire and panic regulations.
The fire and panic regulations drafted in accordance with the duties
				  imposed on the Department of Labor and Industry by the act of April 27, 1927
				  (P. L. 465, No. 299) (35 P. S. §§
											1221-1235.1) and pertain to Class I buildings
				  as well as private schools located in places other than Philadelphia,
				  Pittsburgh and Scranton.
(6)
The Public School Code of 1949, section 1519(b).
A private
				  driver training school teacher contracted for driver safety instruction in
				  public schools shall meet the requirements in section 1519(b) of the Public
				  School Code of 1949 (24 P. S. §
											15-1519(b)).
This section cited in 22 Pa. Code §
												101.133 (relating to fire
						regulations).
Pennsylvania Code › Title 22 - EDUCATION › Part VI - Bureau of Private Schools and Veterans Education › Chapter 101 - PRIVATE DRIVER TRAINING SCHOOLS › PRELIMINARY PROVISIONS › Section 101.103 - Correspondence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Inquiries and
				  correspondences shall be directed to Private Driver Training Schools,
				  Department of Education, 333 Market Street, Harrisburg, Pennsylvania
				  17126-0333.
(b) The Department will
				  assist persons in meeting the requirements which underlie school and agent
				  licensure and relicensure.