Illinois General Assembly - Full Text of HB4641
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Full Text of HB4641  95th General Assembly



HB4641 Engrossed LRB095 16643 RAS 42674 b

1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Barber, Cosmetology, Esthetics, and Nail
5 Technology Act of 1985 is amended by changing Section 3B-13 as
6 follows:
7     (225 ILCS 410/3B-13)
8     (Section scheduled to be repealed on January 1, 2016)
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:
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:
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.
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
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
2         school and retained by the student.
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%
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.
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
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
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.
23         (2) Applicants not accepted by the school shall receive
24     a refund of all tuition and fees paid.
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.
3         (5) The school shall mail a written acknowledgement of
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.
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.
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.
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.
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.
16     Notwithstanding any other rulemaking authority that may
17 exist, neither the Governor nor any agency or agency head under
18 the jurisdiction of the Governor has any authority to make or
19 promulgate rules to implement or enforce the provisions of this
20 amendatory Act of the 95th General Assembly. If, however, the
21 Governor believes that rules are necessary to implement or
22 enforce the provisions of this amendatory Act of the 95th
23 General Assembly, the Governor may suggest rules to the General
24 Assembly by filing them with the Clerk of the House and the
25 Secretary of the Senate and by requesting that the General
26 Assembly authorize such rulemaking by law, enact those



HB4641 Engrossed - 5 - LRB095 16643 RAS 42674 b

1 suggested rules into law, or take any other appropriate action
2 in the General Assembly's discretion. Nothing contained in this
3 amendatory Act of the 95th General Assembly shall be
4 interpreted to grant rulemaking authority under any other
5 Illinois statute where such authority is not otherwise
6 explicitly given. For the purposes of this amendatory Act of
7 the 95th General Assembly, "rules" is given the meaning
8 contained in Section 1-70 of the Illinois Administrative
9 Procedure Act, and "agency" and "agency head" are given the
10 meanings contained in Sections 1-20 and 1-25 of the Illinois
11 Administrative Procedure Act to the extent that such
12 definitions apply to agencies or agency heads under the
13 jurisdiction of the Governor.
14 (Source: P.A. 94-451, eff. 12-31-05; 95-343, eff. 1-1-08.)