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| 1 | AN ACT concerning professional regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Barber, Cosmetology, Esthetics, and Nail
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| 5 | Technology Act of 1985 is amended by changing Section 3B-13 as | ||||||
| 6 | follows:
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| 7 | (225 ILCS 410/3B-13)
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| 8 | (Section scheduled to be repealed on January 1, 2016)
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| 9 | Sec. 3B-13. Rules; refunds. Schools regulated under this | ||||||
| 10 | Section shall
issue refunds based on the following schedule. | ||||||
| 11 | The refund policy shall provide
that:
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| 12 | (1) Schools shall, when a student gives written notice | ||||||
| 13 | of cancellation,
provide a refund in the amount of at least | ||||||
| 14 | the following:
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| 15 | (a) When notice of cancellation is given within 5 | ||||||
| 16 | days after the date of
enrollment, all application and | ||||||
| 17 | registration fees, tuition, and any other
charges | ||||||
| 18 | shall be refunded to the student.
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| 19 | (b) When notice of cancellation is given after the | ||||||
| 20 | fifth day following
enrollment but before the | ||||||
| 21 | completion of the student's first day of class
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| 22 | attendance, the school may retain no more than the | ||||||
| 23 | application and registration
fee, plus the cost of any | ||||||
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| 1 | books or materials which have been provided by the
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| 2 | school and retained by the student.
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| 3 | (c) When notice of cancellation is given after the | ||||||
| 4 | student's completion of
the first day of class | ||||||
| 5 | attendance but prior to the student's completion of 5%
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| 6 | of
the course of instruction, the school may retain the | ||||||
| 7 | application and
registration fee and an amount not to | ||||||
| 8 | exceed 10% of the tuition and other
instructional | ||||||
| 9 | charges or $300, whichever is less, plus the cost of | ||||||
| 10 | any books or
materials which have been provided by the | ||||||
| 11 | school.
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| 12 | (d) When a student has completed 5% or more of the | ||||||
| 13 | course of instruction,
the school may retain the | ||||||
| 14 | application and registration fee and the cost of any
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| 15 | books or materials which have been provided by the | ||||||
| 16 | school but shall refund a
part of the tuition and other | ||||||
| 17 | instructional charges in accordance with the
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| 18 | requirements of the school's regional or national | ||||||
| 19 | accrediting agency, if any, or National Accrediting | ||||||
| 20 | Commission of Cosmetology Arts and Sciences and rules | ||||||
| 21 | that
the Department shall promulgate for purposes of | ||||||
| 22 | this Section.
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| 23 | (2) Applicants not accepted by the school shall receive | ||||||
| 24 | a refund of all
tuition and fees paid.
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| 25 | (3) Application and registration fees shall be | ||||||
| 26 | chargeable at initial
enrollment and shall not exceed $100.
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| 1 | (4) Deposits or down payments shall become part of the | ||||||
| 2 | tuition.
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| 3 | (5)
The school shall mail a written acknowledgement of
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| 4 | a
student's
cancellation or written withdrawal to the | ||||||
| 5 | student within 15 calendar days of
the date of | ||||||
| 6 | notification. Written acknowledgement is not necessary if | ||||||
| 7 | a
refund has been mailed to the student within the 15 | ||||||
| 8 | calendar days.
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| 9 | (6) If the school cancels or discontinues a course, the | ||||||
| 10 | student shall be
entitled to receive from the school such | ||||||
| 11 | refund or partial refund of the
tuition, fees, and other | ||||||
| 12 | charges paid by the student or on behalf of the
student as | ||||||
| 13 | is provided under rules promulgated by the Department.
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| 14 | (7) Except as otherwise provided by this Act, all | ||||||
| 15 | student refunds shall be
made by the school within 45 | ||||||
| 16 | calendar days after the date of notice of the
student's | ||||||
| 17 | cancellation or the date that the school determines that | ||||||
| 18 | the student has officially or unofficially withdrawn.
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| 19 | (8) A student shall give notice of cancellation to the | ||||||
| 20 | school in writing.
The unexplained absence of a student | ||||||
| 21 | from a school for more than 30 consecutive
calendar days | ||||||
| 22 | shall constitute constructive notice of cancellation to | ||||||
| 23 | the school. For
purposes of cancellation, the cancellation | ||||||
| 24 | date shall be the last day of
attendance.
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| 25 | (9) A school may make refunds which exceed those | ||||||
| 26 | required by this Section.
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| 1 | (10) Each student and former student shall be entitled | ||||||
| 2 | to receive from the
school that the student attends or | ||||||
| 3 | attended an official transcript of all
hours completed by | ||||||
| 4 | the student at that school for which the applicable | ||||||
| 5 | tuition,
fees, and other charges have been paid, together | ||||||
| 6 | with the grades earned by the
student for those hours, | ||||||
| 7 | provided that a student who withdraws from or drops
out of | ||||||
| 8 | a school, by written notice of cancellation or otherwise, | ||||||
| 9 | shall not be
entitled to any transcript of completed hours | ||||||
| 10 | following the expiration of the
7-year period that began on | ||||||
| 11 | the student's first day of attendance at the
school. A | ||||||
| 12 | reasonable fee, not exceeding $2, may be charged by the | ||||||
| 13 | school
for each transcript after the first free transcript | ||||||
| 14 | that the school is required
to provide to a student or | ||||||
| 15 | former student under this Section.
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| 16 | (Source: P.A. 94-451, eff. 12-31-05; 95-343, eff. 1-1-08.)
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| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.
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