Section 1030.70  Maintenance of Approval under the 1945 Act

a)         Most institutions are approved to operate under both the 1945 Act and the 1961 Act. Institutions under only the 1945 Act shall comply with Section 1030.70, Rules for Maintenance of Approval. Institutions under only the 1961 Act shall comply with Section 1030.80, Rules for Maintenance of Authorization. Institutions under both Acts shall comply with the rules under both Sections 1030.70 and 1030.80. Where the rules are identical under both Acts, the institution will be considered in compliance with the 1945 Act by complying with the same rules under the 1961 Act and vice versa.

b)         The following rules govern maintenance of the Certification of Approval under the 1945 Act:

1)         Annual Report

Each approved institution shall file annually with the Board its current catalogs.

2)         Reviews

The staff of the Board may conduct reviews and/or visitations of approved institutions as necessary for the implementation of the Statute.

3)         Complaints Concerning Institutions

The staff of the Board shall initiate an investigation upon receipt of a verified written complaint and may initiate an investigation in response to oral or written information concerning any of the following:

A)        Alleged violation of any of the conditions governing issuance of the Certificate of Approval;

B)        Alleged failure to comply with any of the rules adopted by the Board;

C)        Alleged fraudulent conduct on the part of any person conducting the institution or of any person, acting within the scope of his/her employment, by the institution, on account of which conduct any student ever enrolled in the institution has been injured or has suffered financial loss.

4)         Revocation of the Certificate of Approval

A)        Grounds for Revocation Include:

i)          Violation of any of the conditions governing issuance of the Certificate of Approval;

ii)         Failure to comply with any of the rules adopted by the Board;

iii)         Fraudulent conduct on the part of any person conducting the institution or of any person, acting within the scope of his/her employment, by the institution, on account of which conduct any student ever enrolled in the institution has been injured or has suffered financial loss.

B)        Procedures for Revocation

i)          Before revoking any certificate to operate, the Board shall designate a Hearing Officer who shall schedule and conduct a hearing, as prescribed in Section 6-9 of the 1945 Act.

ii)         If the Board decides to grant a rehearing pursuant to Section 10 of the 1945 Act, it shall appoint another Hearing Officer, different from the first, who shall conduct a hearing upon only those grounds for which the rehearing was granted. The second Hearing Officer shall submit a written report of his findings and recommendations to the Board which shall make a final determination.

iii)         Upon revocation of the Certificate to Operate, the Certificate of Approval shall be rendered invalid.

iv)        At any time after revocation of a Certificate of Approval, the Board may restore it to the institution.

v)         A closed institution shall arrange for its student records to be maintained in a safe and suitable place.