Illinois Chapter 105 Schools
105 ILCS 425/ Private Business and Vocational Schools Act.Code Resources
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(105 ILCS 425/1) (from Ch. 144, par. 136)
Sec. 1.
Definitions.
As used in this Act, unless the context
otherwise requires:
A "private business and vocational school" or "school" is an
educational institution
privately owned and operated by an owner,
partnership, or corporation, offering courses of instruction, short
courses, or
subjects for which tuition is charged, whether such courses of
instruction, short courses, or subjects are offered by in‑residence,
correspondence, distance education, or
other methods, to prepare individuals:
(1) to follow a trade or artistic occupation;
(2) to pursue a manual, mechanical, technical, industrial, business,
commercial, office, personal service (other than nursing), or other
non‑professional occupation; or
(3) to follow a profession, if the profession is not
subject to licensing or registration under any existing statute
of the State of Illinois requiring the licensing or registration of
persons practicing such profession or if the school is not approved and
regulated by the agency with such licensing or registration authority;
(4) to improve, enhance, or add to the skills and abilities of the
individual relative to occupational responsibilities or career opportunities.
"Council" means the Private Business and Vocational
Schools State Advisory Council created by this Act.
"Superintendent" means the State Superintendent of Education.
"Sales representative" means a person employed by a
school as defined herein, whether such school is located within or outside
Illinois, to act as an agent, sales person, broker or independent contractor
to procure directly students or enrollees for such school
by solicitation in any form made at any place in this State.
"Tuition" means any payment or compensation whether paid by an
individual, private organization or an agency of the United States, State
of Illinois or any political subdivision thereof.
"Accrediting" refers to the public recognition of the level of quality
of an educational institution or program that is granted by a legal entity.
"Accrediting agency" means a legal entity, or a part of that entity,
which conducts accrediting activities and is designated by the Secretary of
the U.S. Department of Education pursuant to the provisions of the Higher
Education Act of 1965 (P.L. 89‑329) and related regulations.
"Adequate Evaluation Service" means the process by which a school
provides prompt evaluation of all required tests and materials with appropriate
comments and suggestions for correction of errors and apparent weaknesses
and the prompt return of such corrected materials to students concerned.
"Board" is the State Board of Education.
"Business day" is any calendar day except a Saturday, Sunday or legal
holiday; provided that whenever a legal holiday is observed on a Monday,
that Monday also shall be deemed a legal holiday.
"Certificate of approval" is a non‑transferable certificate issued
under the authority of the State Board of Education to a private business
and vocational school located within or without the State in the name of
the school, which authorizes the school to solicit students and to offer
and maintain a course of instruction in compliance with the provisions of
this Act and such standards, rules and regulations as may be promulgated by the Board.
"Change of location" is a change in a school's principal location, as
distinguished from a change in the location of a classroom extension.
"Change of ownership" is a change in the financial control of a school
occurring whenever 50% or more of a school's stock or assets are sold to
another party or parties in one or a series of transactions occurring
within any 3 year period.
"Chief managing employee" is the individual who is the head administrator
or supervisor at a school's principal location.
"Classroom extension" is a facility used for
instructional purposes either wholly or in part by a school at a location
different from the school's principal location.
"Course of instruction" is a program of study, education, training or
instruction consisting of a series of lessons or classes which are
coordinated, arranged, or packaged to constitute a subject, curriculum or
program of
instruction and sold collectively, so long as the course purports to
prepare or qualify individuals, or improve or upgrade the skills
individuals need (i) for employment, career opportunities or any specific
occupation, trade or in job position requiring manual, mechanical,
technical, industrial, business, commercial, office, personal service
(other than nursing), artistic, or other non‑professional skills or
abilities, or (ii) for any profession which is not subject to licensing or
registration under any existing statute of this State.
"Date of acceptance" is the date an authorized school
officer signs the
enrollment agreement at the school's principal location.
"Date of admission" is the first scheduled date of class attendance.
"Distance education" is a teaching and learning situation in which (i) the
instructor and the learner are geographically separated and (ii) instruction
and materials are delivered or exchanged or delivered and exchanged by mail,
electronic devices, or other means.
"Educational institution" is any organization, whether located within or
outside of this State, which promotes business and
vocational education, even though the institution's principal effort may
not be exclusively educational in nature.
"Eleemosynary institution" is a benevolent and charitable educational
institution deriving a majority of its income from philanthropic gifts and
charitable contributions which are used to subsidize its educational program.
"Enrollment agreement" is any agreement or instrument, however named,
which creates or evidences an obligation binding a student to purchase a
course of instruction from a school.
"Home study school" is a school which provides
correspondence lesson materials prepared in a sequential and logical order
for study and completion by a student on his or her own,
with completed lessons being returned by the student to
the school for evaluation by the school, with comments added, and
subsequent return to the student, including those schools which offer such
instruction by home study in combination with in‑residence instruction.
"Illinois student" is any student contracting for instruction within this
State at an Illinois or out‑of‑state private business and vocational school.
"In‑residence school" is any school offering courses of instruction to its
students on the school's premises.
"Out‑of‑state school" is any school, including both an in‑residence
school and a home study school, which has its place of instruction or its
principal location outside the boundaries of this State, or which offers or
conducts courses of instruction or subjects on premises of the school
located outside the boundaries of this State, or which provides
correspondence or home study lesson materials from a location outside the
boundaries of this State, or which evaluates completed lesson materials or
otherwise conducts its evaluation service from a location outside the
boundaries of this State, or which otherwise offers or provides Illinois
students with courses of instruction or subjects through activities engaged
in or conducted outside the boundaries of this State.
"Person" is an individual, corporation or other business entity.
"Placement assistance" is a service provided by a school
for
preparing and referring students to prospective employers as a result of
direct contact between school placement officials and employer representatives.
"Refund policy" is the course of action followed by a school to
reimburse unearned tuition to students not completing a course of instruction.
"Religious institution" is an educational institution of a parochial or
denominational character offering courses of instruction which are
religious or theological in whole or part and have a sectarian objective.
"Short course" is a single course of study up to 20 clock hours that (i) is
intended to improve or enhance an individual's vocational skills, (ii) includes
an assessment of skill development, and (iii) may result in only a certificate
of successful completion or attendance.
"Specialized business and vocational degree" is an award conferred on a
student who has successfully completed 2 or more academic years or the
equivalent thereof in a business and vocational school with major emphasis on
training for a specific job or the development of occupational skills related
to any of the vocational areas identified within the definition of a "school".
"Standards" refers to appropriate criteria established by the Board and
used by the Superintendent to implement this Act and such reasonable rules
and regulations as may be promulgated by the Board.
"Student transcript records" are permanent academic (educational) records
used for reproducing transcript copies of such information as the student's
dates of attendance, courses and subjects of instruction, and grades.
"Subject" is an instructional division, taught separately within a
course of instruction, which focuses on student mastery of particular
knowledge or skills.
"Supplementary course of instruction" is a new course of instruction
added to the list of such courses previously approved by the Superintendent.
(Source: P.A. 90‑649, eff. 7‑24‑98.)
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(105 ILCS 425/1.01) (from Ch. 144, par. 136.01)
Sec. 1.01.
This Act shall be known and may be cited as the "Private
Business and Vocational Schools Act".
(Source: P.A. 83‑1484.)
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(105 ILCS 425/1.1)
(from Ch. 144, par. 136.1)
Sec. 1.1.
Exemptions and annual filing.
(a) For purposes of this Act, the following shall
not be considered to be a private business and vocational school:
(1) Any eleemosynary institution.
(2) Any religious institution.
(3) Any public educational institution exempt from | ||
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(4) Any in‑service course of instruction and subject | ||
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(5) Any educational institution (A) which (i) on the | ||
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(6) Any institution and the franchisees of such | ||
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(b) An institution exempted under subsection (a) of this Section must file
with the Superintendent an annual financial report to demonstrate continued
compliance by the institution with the requirements on which the exemption is
based.
(Source: P.A. 92‑62, eff. 1‑1‑02; 93‑919, eff. 8‑12‑04.)
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(105 ILCS 425/1.2) (from Ch. 144, par. 136.2)
Sec. 1.2.
It is the purpose of this Act
to provide for
the protection, education and welfare of the citizens of the State of
Illinois; to provide for the education, protection and welfare of the
students of its private business and vocational schools; and to facilitate
and promote quality education and responsible, ethical business practices in
each of the private business and vocational schools enrolling students in this State.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/2) (from Ch. 144, par. 137)
Sec. 2.
Private Business and Vocational Schools State Advisory
Council. There is created, under the State Board of Education, a Private
Business and Vocational Schools State Advisory Council composed of 12
members. The Superintendent shall oversee the functions of this Council
and shall designate a qualified staff person to serve as a member and
represent the Superintendent on the Council.
The Chairperson for the Council shall be appointed by the
Superintendent from recommendations made by the members specified below.
The remaining members shall be appointed by the Superintendent as
follows: one owner or chief managing employee from a business
school; one owner or chief managing employee from a technical
school; one owner or
chief managing employee from a home study school; one member who is a
public high school vocational counselor in the State of Illinois; an attorney
from the Office of the Attorney General; two teachers licensed to teach in a
business, technical or vocational school; an attorney from the Cook County State's
Attorney's Office; and two former students who have graduated from
either a business, technical or vocational school as representatives of
the general public.
All owners and chief managing employees appointed to the Council shall
have a minimum of five years experience in their position.
The terms of appointment for all members appointed prior to the
effective date of this amendatory Act of 1988 shall expire as designated by
the Superintendent at the time of appointment: three members on July 1,
1988; three on July 1, 1989; and three on July 1, 1990. The term of the
additional member added by this amendatory Act of 1988 shall commence upon
the appointment and expire on July 1, 1990. Successors shall
serve for terms of three years from July 1 of the year of their appointment
or until their successors are approved.
Members of the Council shall serve without pay; however, they shall be
reimbursed for their necessary expenses by the Board.
All appointments to the Council shall be approved by the Board.
Any member of the Council who is a resident of the State who moves
residence outside the State shall vacate membership on the Council and so
notify the Superintendent, who shall appoint a successor to fill the
unexpired term. The successor to fill an unexpired term shall be appointed
from a list of at least three nominees submitted by the Council.
The Superintendent shall convene the Council at least three times a
year to review and advise the Board and Superintendent as may be
appropriate on the effectiveness and efficiency by which the rules and
regulations are: carrying out the intent of this Act; protecting the
interests of the students; and enhancing the ability of the schools to
provide quality courses of instruction.
The Council shall develop bylaws for the conduct of its business to
enable it to efficiently fulfill its mission.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/3) (from Ch. 144, par. 138)
Sec. 3.
Promulgation of standards.
The Board, after giving 10 days notice of the time of a hearing
by advertisement in at least 2 newspapers having a general circulation in
this State and after giving an opportunity to interested persons to be
heard thereon at such hearing, may promulgate
reasonable standards consistent with the provisions of this Act for courses of
instruction offered by business or vocational schools approved by the
Superintendent and the necessary facilities therefor. The Board may
amend or revoke such standards from time to time after giving notice and
affording an opportunity to be heard as above provided in this Section.
The Superintendent shall determine whether a certificate of
approval shall issue in accordance with the requirements of this Act and
the standards, rules and regulations established and promulgated thereunder.
(Source: P.A. 85‑433.)
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(105 ILCS 425/4) (from Ch. 144, par. 139)
Sec. 4.
Prohibition against advertising school or soliciting students
without Superintendent authorization.
Prior to the establishment of a private business or vocational school
or the approval of an existing out‑of‑state school and the issuance of
a certificate of approval therefor, no person shall
advertise such a school or its courses of instruction or solicit
prospective students unless the person has applied for and received from
the Superintendent authorization to conduct such activity.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/5) (from Ch. 144, par. 140)
Sec. 5.
Necessity for certificate of approval ‑ Person eligible ‑
Nontransferability ‑ Changes ‑ Display ‑ Approved lists. No
person, partnership, or corporation shall conduct, or do business as, or
otherwise operate or maintain a private business and vocational
school in this State without having been issued a certificate of approval
by the Superintendent. A person, partnership or corporation is qualified to
receive a certificate of approval who makes proper application therefor
and complies with this Act and with
every standard, rule
and regulation pertaining thereto. Such certificates of approval are
not transferable.
Whenever a change of ownership of a school occurs, an application for a
certificate of approval for the school under such changed ownership shall
immediately be filed with the Superintendent.
Whenever an owner, partnership or corporation operates a
school at different locations, an
application for a certificate of approval shall be filed
for each location.
A school must have approval prior to operating at any location, and shall
make application to the Superintendent for any change of location and for a
classroom extension at a new or changed location. Each
application required to be filed in accordance with the provisions of
this Section shall be accompanied by the required fee, and all such
applications shall be made on forms prepared and furnished by the Superintendent.
The certificate of approval shall be prominently displayed at some place
on the premises of the school open to the inspection of all interested persons.
The Superintendent shall maintain, open to public inspection, a list of
schools, their classroom extensions and their courses of
instruction approved under this Act and may annually publish such list.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/5.1) (from Ch. 144, par. 140.1)
Sec. 5.1.
Courses of instruction ‑ Necessity for approval ‑ Degree
granting authority.) The Superintendent shall approve all courses of instruction
and subjects offered by private business and vocational schools prior to
instruction being given. If any course of instruction or subject offered
by a school falls within the requirements for approval of this Act or
the standards, rules and regulations established and promulgated hereunder,
all of its offerings whether secondary or post‑secondary,
vocational or avocational, must be approved by the Superintendent.
Degree granting authority for specialized business and vocational degrees
awarded by private business and vocational schools located in Illinois is
subject to the provisions of "An Act providing for the regulation of
privately‑operated colleges, junior colleges and universities", approved
July 17, 1945, as amended. Such authority, however, shall not exempt any
school granting such degrees from the provisions of this Act and the
standards, rules and regulations established and promulgated hereunder.
An out‑of‑state private business and vocational school shall market
specialized degree programs in this State only after receiving a certificate of approval
from the Superintendent and authority for granting such degrees from the
appropriate regulatory agency of the state in which it is located.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/6) (from Ch. 144, par. 141)
Sec. 6.
Application for certificate ‑ Contents.
Every person,
partnership or corporation doing business in Illinois desiring to obtain a
certificate of approval shall make a signed and verified application to the
Superintendent upon forms prepared and furnished by the Superintendent,
which forms shall include the following information:
1. The legal title and name of the school, together with ownership and
controlling officers, members, and managing employees;
2. The specific courses of instruction which will be offered, and
the specific purposes of such instruction;
3. The place or places where such instruction will be given and a
description of the physical and sanitary facilities thereof;
4. A written inspection report of approval by the State Fire Marshal
or his designee for use of the premises as a school;
5. A specific listing of the equipment available for instruction in each
course of instruction, with the maximum enrollment that
such equipment will accommodate;
6. The names, addresses and current status of all schools of which each
applicant has previously owned any interest, and a declaration as to
whether any of these schools were ever denied accreditation or licensing,
or, lost accreditation or licensing from any governmental body or accrediting agency;
7. The educational and teaching qualifications of
instructors in each course and subject of instruction, and the teacher to
student ratio established by rule by the superintendent pursuant to
industry standards and after soliciting and receiving comments by the
schools in each industry;
7.1. The qualifications of administrators;
8. The financial resources available to establish and
maintain the school, documented by a
current balance sheet and income statement prepared and certified by an
accountant or any such similar evidence as required by the Superintendent;
9. A continuous surety company bond, written by a company authorized
to do business in this State, for the protection of the contractual rights
including faithful performance of all contracts and agreements for
students, their parents, guardians, or sponsors in a sum of up to
$100,000, except that when the unearned prepaid tuition for Illinois
students in the possession of the school, as annually determined by
the Superintendent, exceeds $100,000
the bond shall be in an amount equal to the greatest amount of prepaid
tuition in the school's possession;
10. Annual reports reflecting teacher, equipment and curriculum
evaluations;
11. Copies of enrollment agreements and retail installment contracts
to be used in Illinois;
12. Methods used to collect tuition and procedures
for collecting delinquent payments;
13. Copies of all brochures, films, promotional material
and written scripts, and media advertising and promotional literature that
may be used to induce students to enroll in courses of instruction;
14. Evidence of liability insurance, in such form and amount as the
Board shall from time to time prescribe pursuant to rules and regulations
promulgated hereunder, to protect its students and employees at its places
of business and at all classroom extensions including any work
experience locations;
15. Each application for a certificate of approval shall
be signed and certified under oath by the school's chief managing
employee and also by its individual owner or owners; provided, that if the
applicant is a partnership or a corporation, then such application shall be
signed and certified under oath by the school's chief managing employee
and also by each member of the partnership or each officer of the
corporation, as the case may be;
16. If the evaluation of a particular course or facility requires the
services of an expert not employed by the State Board of Education or if in
the interest of expediting the approval, a school requests the State Board
of Education to employ such an expert, the school shall reimburse the State
Board of Education for the reasonable cost of such services.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/7) (from Ch. 144, par. 142)
Sec. 7.
Application commitments.
Each application for a certificate of
approval shall also contain the following commitments:
1. To conduct the school in accordance with this Act and the standards,
rules and regulations from time to time established and promulgated hereunder;
2. To conduct the school in accordance with the standards of the
school's regional or national accrediting agency, if any;
2.5. To meet standards and requirements at least as stringent as those
required by Part H of the Federal Higher Education Act of 1965;
3. To maintain student transcript records for at least 50 years after
the student has departed from the school;
4. To conduct instruction in each course of instruction on its
certificate of approval at least once during the approval year for which
the certificate is issued;
5. To permit the Superintendent or his or her designees to inspect the
school or classes thereof from time to time with or without notice; and
to make available to the Superintendent or his or her designees, at any time
when required to do so, information including financial information pertaining
to the activities of the school required for the administration of this Act and
the standards, rules and regulations established and promulgated hereunder;
6. To utilize only advertising and solicitation which is free from
misrepresentation, deception or fraud, or other misleading or unfair
trade practices;
7. To not promise or agree to any right or privilege in respect to
professional examinations or to the practice of any profession in violation of
the laws of this State;
8. To screen applicants for each course of instruction prior to
enrollment and maintain such records for 7 years. If the course being
offered is in a language other than English, the screening must include
that language; and
9. To post in a conspicuous place a statement, as developed by the
Superintendent, of students' rights provided under this Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(105 ILCS 425/7.2) (from Ch. 144, par. 142.2)
Sec. 7.2.
Conduct
of work experience programs ‑ Commercial employment of students. A
private business and
vocational school shall not make use of its students in manufacturing or
commercial activities to its advantage or profit.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/7.3) (from Ch. 144, par. 142.3)
Sec. 7.3.
Charter
not to be issued to school not approved ‑ Foreign corporation ‑ Approval of
school.
No corporate charter shall be issued to any school that has not been
approved by the Superintendent to operate or maintain a private business
and vocational school; nor shall any foreign corporation conduct, or do
business as, or otherwise operate
or maintain a private business and vocational school
in this State until the school has been
approved by the Superintendent.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/9) (from Ch. 144, par. 144)
Sec. 9.
Restriction
of certificate to courses of instruction indicated in
application ‑ Supplementary
applications.
Any certificate of approval issued shall restrict the school to the
teaching of the courses of instruction indicated in the application
for the approval year
for which the certificate is issued. Prior to the offering of any
additional or supplementary
courses of instruction the school shall make application on forms prepared
and furnished by the Superintendent and secure
approval from the Superintendent and pay the fee prescribed therefor.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/10) (from Ch. 144, par. 145)
Sec. 10.
Application fees ‑ Renewal fees.
The following nonrefundable
fees shall be paid by each applicant and collected by the Superintendent
upon filing and receipt of each of the applications specified below:
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An applicant school which has not remedied all deficiencies cited by the
Superintendent within 12 months of the date of its original application for
a certificate of approval
shall pay an additional $500 original application fee for the continued
cost of investigation of its application.
(Source: P.A. 90‑649, eff. 7‑24‑98.)
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(105 ILCS 425/11) (from Ch. 144, par. 146)
Sec. 11.
Sales representative permits ‑ Application ‑
Contents ‑ Fees ‑ Separate
permits.) Every sales representative representing a school,
whether located in the State of Illinois or without, shall make application
for a Sales Representative Permit to the
Superintendent in writing upon
forms prepared and furnished by the Superintendent. The sales
representative shall
be approved by the Superintendent prior to solicitation of students. Each
application shall state the name of the school which the applicant will
represent, contain evidence of the honesty, truthfulness, and integrity
of the applicant and shall be accompanied
by the recommendation of two reputable persons, neither of whom shall be
in the employ of
the school or members of the applicant's immediate family, certifying
that the applicant
is truthful, honest, and of good reputation, and recommending that a permit
as a sales representative be granted. The fee for an original permit
as a sales representative shall be $100. The annual renewal
fee shall be $50. A separate permit shall be obtained for each
school represented by a sales representative.
In determining honesty, truthfulness and integrity under this Section,
the Superintendent may take into consideration any
felony conviction of the
applicant, but such a conviction shall
not operate as a bar to approval unless a court or parole authority has
determined that the applicant is not rehabilitated sufficiently to serve as
a sales representative.
Each sales
representative shall provide a continuous
surety company bond for the protection of the contractual rights,
including loss resulting from any fraud or misrepresentation used by the
sales representative, of students, their parents, guardians or sponsors,
in the penal sum of $2,000, except under exceptional circumstances
up to $10,000, upon the order of the Superintendent. The surety company
bond shall be written by a company authorized to do business
in this State.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/12) (from Ch. 144, par. 147)
Sec. 12.
Issuance of pocket cards upon approval of application ‑ Contents.)
The Superintendent, upon approval of an application for or renewal of a
permit, shall prepare and deliver to each sales representative a pocket
card, which shall contain the name and address of the sales
representative
and of the employing school and shall certify that
the person whose name appears thereon is an authorized sales
representative of the school.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/12.1) (from Ch. 144, par. 147.1)
Sec. 12.1.
Termination of Employment of sales representative ‑ Delivery of pocket
card.) In the event the approval of the employing school shall lapse, be
revoked, or the sales representative's employment
terminated, the sales representative's pocket
card shall be returned immediately by the employing school with notice of
discharge or termination of employment
to the Superintendent for cancellation.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/13) (from Ch. 144, par. 148)
Sec. 13.
Annual renewal of certificates and permits.
Each school
and each sales representative
that continues as such shall annually make application upon forms
prepared and furnished by the Superintendent to
renew its certificate of approval or his or her permit, as the case may
be, and shall pay the required annual renewal
fee. The Superintendent shall have the authority to designate
renewal and expiration dates for all certificates of approval and sales
representative's permits.
Each such application shall be reviewed annually by the Superintendent.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/14) (from Ch. 144, par. 149)
Sec. 14.
Issuance, suspension, probation, revocation, renewal or
restoration of certificates
upon action and report of the Superintendent. No certificate of
approval shall be issued or renewed without the signature of the
Superintendent or his or her designee. No certificate of approval
shall be revoked, suspended, placed on one year probation or restored
except upon the action and
report in writing of the Superintendent. The Superintendent shall preserve
a written report of
his or her findings and recommendations.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/14.1) (from Ch. 144, par. 149.1)
Sec. 14.1.
Annual review.
The Superintendent
shall annually review and investigate
all approved schools and courses of instruction. Consideration shall be
given to complaints and information collected by the Federal Trade Commission,
Better Business Bureaus, the Illinois Attorney General's Office, any
State's Attorney's Office, other State or official approval agencies, local
school officials and interested persons. The Superintendent
shall investigate all written complaints about a school or its sales
representatives received from all affected persons and any and all
governmental agencies. Such annual review shall include a comparison
between the graduation or completion rate for the school and the graduation
or completion rate for the schools within the industry the school
represents, such as business, technical or vocational schools, for the
reporting period of July 1 through June 30. Any school
that fails to maintain a graduation or completion
rate greater than 50% of the average graduation or completion rate for
schools within that industry shall be placed on probation for one year. If
that school's graduation or completion rate fails to exceed 50% of the
average graduation rate for schools within that industry for that school's next
reporting period, then the Superintendent shall revoke that
school's approval to
operate in the State of Illinois.
In the event a school does not maintain a passage rate of at least 50%
of the average passage rate for schools within that industry for any State
licensing examination or professional certification examination, then that
school shall be placed on
probation for one year. If that school's passage rate in its next reporting
period does not exceed 50% of the average passage rate of that class of school
as a whole,
then the Superintendent shall revoke that school's approval to operate in
the State of Illinois.
The Superintendent shall develop by rule a procedure to ensure the
veracity of the information required under this Section.
(Source: P.A. 90‑649, eff. 7‑24‑98.)
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(105 ILCS 425/14.2) (from Ch. 144, par. 149.2)
Sec. 14.2.
Annual report.
The Superintendent shall prepare and file
with the Board and the General Assembly during the second week of January
in each calendar year a written report setting forth:
(1) The name and address of each school with respect to which or with
respect to a representative of which a written
or verified complaint was made or filed under Section 14.1, Section 17 or
any other Section of this Act during the immediately preceding calendar
year and, if more than one such complaint was made or filed with respect to
that school or any of its representatives during that year, the total
number of those complaints.
(2) With respect to each complaint referred to in paragraph (1), a
statement of whether the Superintendent has investigated the complaint and
if so, the findings that were made and the action that has been taken by
the Superintendent.
(3) The name and address of each school with respect to which or with
respect to a representative of which the Superintendent refused to issue or
renew a certificate or permit under
this Act during the immediately preceding calendar year and the reasons for that refusal.
(4) The name and address of each school with respect to which or with
respect to a representative of which any certificate or
permit issued under this Act was placed on probation, suspended, or revoked
during the immediately preceding calendar year and the reasons for the
probation, suspension, or revocation.
(5) The name and location of each school at which the Superintendent or
his or her designee made any on site inspection, review, or investigation
at any time during the immediately preceding calendar year and the date or
dates on which each such on site visit was made at that school.
(Source: P.A. 87‑1008.)
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(105 ILCS 425/15) (from Ch. 144, par. 150)
Sec. 15.
Rules and regulations.
In addition to standards provided for in Section 3, the Board
shall make and enforce reasonable rules and regulations as shall be
necessary for the proper administration and enforcement of this Act. Such
standards, rules and regulations are subject to the provisions of
"The Illinois Administrative Procedure Act", approved September 22,
1975, as amended.
(Source: P.A. 85‑433.)
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(105 ILCS 425/15.1) (from Ch. 144, par. 150.1)
Sec. 15.1.
Enrollment agreements.
Enrollment agreements shall be used
by schools approved by the Superintendent. The student shall be given a copy
of the enrollment agreement at the time the student signs that agreement and at
the time of the agreement's acceptance, if those
events occur at different times. The school shall retain a signed copy of the
fully executed enrollment agreement
as a
part of the student's permanent record. Enrollment agreements shall include
the following written disclosures:
(1) The name and address of the school and the addresses where
instruction will be given;
(2) The name and description of the course of instruction, including the
number of home study lessons and hours of classroom instruction;
(3) The total cost of the course of instruction and all other services
and facilities furnished or made available to the student by or through the
school in connection with the student's matriculation and study and completion
of any
subject or course of instruction, including all charges
made by the school for tuition, room and board, books, materials, supplies,
laboratory, shop and studio fees,
and other expenses;
(4) A clear and conspicuous statement that the agreement is a
legally binding instrument when signed by the student and accepted by the
school;
(5) A clear and conspicuous caption, "BUYER'S RIGHT TO CANCEL" under
which it is explained that the student has the right to cancel the initial
enrollment agreement until midnight of the fifth business day
after the student has been accepted; and if the right to
cancel is not
given to any prospective student at the time the enrollment agreement is
signed, then the student has the right to cancel the agreement at any time
and receive a refund of all monies paid to date within 10 days of cancellation;
(6) A notice to the students that any cancellation
should be in writing and must be delivered to school management;
(7) The school's refund policy for unearned tuition, fees, and other
charges;
(8) The date of the student's signature and the date of the student's
acceptance;
(9) A clear and conspicuous statement that every assignee of a student
enrollment agreement takes it subject to all claims and defenses
of the student or his successors in interest arising under the agreement;
(10) The name of the school employee or agent responsible for
procuring, soliciting or enrolling the student;
(11) A statement containing the following information for the most recent
12 month reporting period of July 1 through June 30:
(a) The number of students who were admitted in the | ||
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(b) Additions during the year due to:
(A) new starts;
(B) re‑enrollments; and
(C) transfers into the course of instruction | ||
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(c) Total number of students admitted during the | ||
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(d) Of the total course of instruction enrollment, | ||
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(A) transferred out of the course of instruction | ||
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(B) completed or graduated from a course of | ||
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(C) withdrew from the school;
(D) are still enrolled;
(e) The number of students listed in item (11)(d) who
(A) were placed in their field of study;
(B) were placed in a related field;
(C) placed out of the field;
(D) were not available for placement due to | ||
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(E) were not employed;
(f) The number of students who took a State | ||
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(g) The number of graduates who obtained employment | ||
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(h) The average starting salary for all school | ||
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(i) The following clear and conspicuous caption: | ||
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An alphabetical list of names, addresses, and dates of admission by course
or course of instruction and a sample copy of the enrollment agreement employed
to enroll the students listed shall be filed with the Superintendent on an
annual basis. The list shall be signed and verified by the school's Chief
Managing Employee. The list shall include enrollments from the period of July
1 through June 30 and shall be submitted within 90 days after the end of the
period. If the
enrollment agreement is negotiated orally in a language other than English,
then copies of the above disclosure forms shall be tendered in the language
in which the contract was negotiated prior to executing the enrollment
agreement.
No school shall enter into any enrollment agreement wherein
the student waives the right to assert against the school or any assignee
any claim or defense he or she may have against the school arising
under the agreement.
Any provisions in an enrollment agreement wherein the
student agrees to such waiver shall
be rendered void.
(Source: P.A. 90‑649, eff. 7‑24‑98.)
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(105 ILCS 425/15.1a) (from Ch. 144, par. 150.1a)
Sec. 15.1a.
The Superintendent shall issue rules and regulations providing
for the establishment of a fair and equitable refund policy for each private
business and vocational school. Such refund policy shall provide that:
1. Schools shall, when a student gives written notice of
cancellation, provide a refund in the amount of at least the following:
a. When notice of cancellation is given before | ||
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b. When notice of cancellation is given after | ||
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c. When notice of cancellation is given after the | ||
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d. When a student has completed in excess of 5% of | ||
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(1) A school which is accredited by a nationally | ||
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After 5% of the course of instruction, but | ||
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During the first 25% of the course, the school | ||
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During the second 25% of the course the school | ||
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In cases of withdrawal after 50% of the course, | ||
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(2) All other schools regulated under this | ||
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(3) The refund policy for short courses up to 20 | ||
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(4) All schools that offer courses of | ||
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(A) Students who enroll in a distance | ||
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(B) Thereafter, the school shall retain a | ||
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(C) If more than 20% of the lessons in the | ||
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(D) Refunds shall be based on the last | ||
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2. A student, who on personal initiative and without solicitation
enrolls, starts, and completes a course of instruction before midnight of the
fifth business day
after the enrollment agreement is signed, is not subject to the
cancellation
provisions of this Section.
3. Applicants not accepted by the school shall receive a refund of all
tuition and fees paid within 30 calendar days after the determination of
non‑acceptance is made.
4. Application‑registration fees shall be chargeable at initial
enrollment and shall not exceed $150 or 50% of the cost of tuition, whichever
is less.
5. Deposits or down payments shall become part of the tuition.
6. The school shall mail a written acknowledgement of a student's
cancellation or written withdrawal to the student within 15 calendar days
of the postmark date of notification. Such written acknowledgement is not
necessary if a refund has been mailed to the student within the 15 calendar
days.
7. (Blank).
8. All student refunds shall be made by the school within 30 calendar
days from the date of receipt of the student's cancellation.
9. A student may give notice of cancellation to the school in writing.
The unexplained absence of a student from a school for more
than 15 school days shall constitute constructive notice of cancellation to
the school. For purposes of cancellation the date shall be the last day of
attendance.
10. A school may make refunds which exceed those prescribed in this Section.
If the school has a refund policy that returns more money to a student than
those policies prescribed in this Section, that refund policy must be filed
with
the Superintendent.
11. A school shall refund all monies paid to it in any of the following
circumstances:
a. the school did not provide the prospective | ||
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b. the school cancels or discontinues the course of | ||
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c. the school fails to conduct classes on days or | ||
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12. A school must refund any book and materials fees when: (a) the book
and materials are returned to the school unmarked; and (b) the student has
provided the school with a notice of cancellation.
(Source: P.A. 90‑649, eff. 7‑24‑98.)
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(105 ILCS 425/15.2) (from Ch. 144, par. 150.2)
Sec. 15.2.
Placement assistance.
Each school which offers or
advertises a placement assistance for any course of instruction must file
with the Superintendent it's placement statistics for the most recent 12
month reporting period of July 1 through June 30 preceding the date of the
school's application for annual renewal of its certificate of approval for
every course of instruction.
All schools offering or advertising a placement assistance shall disclose
statistics for such 12 month period showing all of the following:
(a) The number of students who were admitted in the course of instruction
as of July 1 of the reporting period.
(b) Additions during the year due to:
(1) new starts;
(2) re‑enrollments; and
(3) transfers into the course of instruction from | ||
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(c) Total number of students admitted during the reporting period in item
(a) plus the additions reported under parts (1), (2), and (3) of item (b).
(d) Of the total enrollment, the number of students who:
(1) transferred out of the course of instruction to | ||
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(2) completed or graduated from a course of | ||
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(3) withdrew from the school;
(4) are still enrolled.
(e) The number of students listed in (d) who:
(1) were placed in their field of study;
(2) were placed in a related field;
(3) placed out of the field;
(4) were not available for placement due to personal | ||
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(5) were not employed.
(f) The number of students who took the State licensing examination or
professional certification examination (if any) during the reporting period, as
well as the number who passed.
(g) The number of graduates who obtained employment in the field who did not
use the school's placement assistance during the reporting period; such
information may be compiled by reasonable efforts of the school
to contact graduates by written correspondence.
(h) The average starting salary for all school graduates employed during the
reporting period; such information may be compiled by reasonable efforts of the
school to contact graduates by written correspondence.
Before a student signs an enrollment agreement the enrolling representative
shall disclose to the student the above statistical information for the
particular course of instruction offered for sale in the enrollment agreement.
In the absence of placement statistics for a new course of instruction,
the enrolling representative shall disclose to the student the placement
statistics which represent the aggregate of all courses of instruction.
(Source: P.A. 90‑649, eff. 7‑24‑98.)
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(105 ILCS 425/15.3) (from Ch. 144, par. 150.3)
Sec. 15.3.
A school shall provide the superintendent with a copy of
any notice of warning or suspension or revocation received from any
accrediting agency within 15 days of receipt of such notice. The school
shall at the same time inform the Superintendent in writing on actions
being taken to correct deficiencies cited.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/16) (from Ch. 144, par. 151)
Sec. 16.
Grounds for refusal to issue or renew or to suspend,
place on probation or revoke
certificates or permits. In addition to any other cause herein set
forth the Superintendent may refuse to issue or renew, or may
suspend, place on probation for one year or revoke
any certificate of approval or permit for any one or any combination of
the following causes:
1. Violation of any provision of this Act or any standard, rule or
regulation established and promulgated hereunder;
2. Furnishing of false, misleading or incomplete information to the
Superintendent or failure to furnish information requested by the
Superintendent;
3. Finding that a signatory to an application or the owner, operator
or director of the school has entered a plea of nolo
contendere to, or has been found guilty of any crime
involving moral turpitude;
4. Finding that any person who signed an application or the owner,
operator or director of the school is addicted to the
use of any illegal drug, or has been found to be a person under legal
disability, or has been convicted of any subversive activity;
5. Violation of any commitment made in an application for a
certificate of approval, including failure to maintain standards which
are the same as, or substantially equivalent to those represented in the
school's applications and advertising;
6. Presenting to prospective students information relating to the
school, or to employment opportunities or opportunities for enrollment
in institutions of higher learning after entering into or completing
courses offered by the school, which is false, misleading or fraudulent;
7. Failure to provide or maintain premises or equipment in a safe
and sanitary condition as required by laws, regulations or ordinances
applicable at the location of the school;
8. Refusal by a sales representative to display a permit upon demand of a
prospective student, or the Superintendent or his or her
representative, or any law enforcement officer;
9. Failure to maintain financial resources adequate for the
satisfactory conduct of the courses of instruction offered or to retain
a sufficient and qualified instructional and administrative staff;
10. Conduct of instruction in a course of instruction or subject which
has not been approved by the Superintendent for the particular school;
11. Refusal to admit applicants on account of race, color,
creed, sex, physical or mental handicap unrelated to ability, religion,
or national origin;
12. Where the registrant has been convicted of any crime, an
essential element of which is dishonesty, or has been convicted in this
or another State of any crime which under the laws of any State or the
United States is a felony, if the Superintendent determines, after
investigation, that such person has not been sufficiently rehabilitated
to warrant the public trust;
13. Paying a commission or valuable consideration to any person for
acts or services performed in violation of this Act;
14. Attempting to confer a fraudulent degree, diploma, or
certificate to a student;
15. Attempting to conduct or employ students in manufacturing or commercial
activities in conjunction with the operation of the school
to the school's advantage or profit
except to the extent that practical
experience is essential to the student's training;
16. Misrepresenting to students or prospective students that they
are qualified upon completion of any course for admissions to
professional examinations under any occupational licensing act;
17. Encouraging students to enroll in advanced courses of
instruction when the prerequisite course has not been completed or
proficiency has not been established and that
fact is known to the school;
18. Discontinuance of approval or accreditation by any governmental
agency in this State which shares regulatory responsibilities for the
school with the Superintendent;
19. Discontinuance of full approval or accreditation of
any out‑of‑state school marketing any course of instruction in Illinois by
the appropriate regulatory agency of any state in which such school is
located or conducts its business;
20. Failure to correct any deficiency or act of noncompliance under this
Act or the standards, rules and regulations established and promulgated
hereunder within reasonable time limits set by the Superintendent;
21. Conduct of business or instructional services other than at locations
approved by the Superintendent;
22. Failure to make all of the disclosures or making inaccurate
disclosures in the enrollment agreement as required by Section 15.1;
23. Failure to make appropriate refunds as required by Section 15.1a;
24. Denial of accreditation, loss or withdrawal of accreditation by
any accrediting agency.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/17) (from Ch. 144, par. 152)
Sec. 17.
Investigations by Superintendent upon his own motion or upon
verified complaint ‑ Opportunity for correction. The Superintendent may
upon his or her own motion and shall upon the verified
complaint in writing of any person setting forth facts which if proved
would constitute grounds for refusal or revocation under this Act,
investigate the actions of any applicant or any person or persons holding
or claiming to hold a certificate or permit.
Any student or employee of a school approved by this Act who believes
he has been aggrieved by a violation of this Act shall have the right to
file a written complaint within one year of the alleged violation. The
Superintendent shall acknowledge within 20 days receipt of such written complaint.
The Superintendent shall issue a written finding as to
whether there is good cause to initiate disciplinary proceedings in
accordance with the provisions of this Act. The Superintendent shall
furnish such findings to the person who filed the complaint and to the
chief operating officer of the school cited in the complaint.
However, before proceeding to a hearing on the question of whether a
certificate of approval shall be refused or revoked for any cause
enumerated in Section 16 exclusive of those causes enumerated in
paragraphs 3 and 4 of that Section, the Superintendent
may issue a letter granting the school in question 30 days to correct the
deficiency or deficiencies. The letter shall enumerate the
deficiencies and state the action on the part of the school that will
remediate the deficiency or deficiencies. During the time designated for
remediating deficiencies the Superintendent may order the school to cease
and desist from all marketing and student enrollment activities.
If the violations are not corrected within the designated period of time,
the Superintendent shall proceed to a hearing on the question of whether the
school's certificate should be placed on probation, suspended or
revoked for one year.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/18) (from Ch. 144, par. 153)
Sec. 18.
Hearing of charges ‑ Notice ‑ Opportunity to present evidence ‑
Continuances.) The Superintendent shall, before refusing to issue or
renew, and before revocation of any certificate or permit, at least 10 days
prior to the date set for the hearing, notify in writing the applicant for
or holder of a certificate or permit, hereinafter called the respondent,
that a hearing will be held on the date designated to determine whether
the respondent is privileged to hold such certificate or permit, and shall
afford the respondent an opportunity to be heard in person or by counsel
in reference thereto. Such written notice may be served by delivery of
the same personally to the respondent, or by mailing the same by registered
mail to the place of business last theretofore specified by the respondent
in the last notification to the Superintendent. At the time and place fixed
in the notice, the Superintendent or his or her designated hearing officer
shall proceed to hear the charges and both the respondent and the complainant
shall be accorded ample opportunity to present in person or by counsel such
statements, testimony, evidence and argument as may be pertinent to the
charges or to any defense thereto. The Superintendent or his or her
designated hearing officer may continue such hearing from time to time. If
the Superintendent shall not be sitting at the time and place fixed in the
notice or at the time and place to which the hearing shall have been
continued, the Superintendent or his or her designated hearing officer
shall continue such hearing for a period not to exceed 30 days. Failure of
the respondent to appear on the date set for hearing or failure to proceed
as ordered by the Superintendent or his or her designated hearing officer
shall constitute a default and automatic revocation.
(Source: P.A. 85‑433.)
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(105 ILCS 425/19) (from Ch. 144, par. 154)
Sec. 19.
Power to subpoena and administer oaths.) The Superintendent is authorized
to subpoena and bring before a hearing officer any person or persons in
this State and to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage and in the same manner as prescribed by law
in judicial proceedings in civil cases in circuit courts
of this State.
The Superintendent or the designated hearing officer shall administer oaths
to witnesses at any hearing which the
Superintendent is authorized by law to conduct.
(Source: P.A. 83‑338.)
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(105 ILCS 425/20) (from Ch. 144, par. 155)
Sec. 20.
Power of circuit or superior courts.) Any circuit court, upon
the application of the respondent or complainant,
or of the Superintendent, may by order duly entered, require the attendance
of witnesses and the production of relevant books and papers before any
hearing the Superintendent is authorized to conduct, and the court may compel
obedience to its order by proceedings for contempt.
(Source: P.A. 83‑334.)
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(105 ILCS 425/21) (from Ch. 144, par. 156)
Sec. 21.
Superintendent to provide stenographer ‑ Record of proceedings ‑
Transcripts ‑ Costs.) The Superintendent shall provide a stenographer to
take down the testimony and preserve a record of all proceedings at the
hearing of any case involving the refusal to issue or renew, or the revocation
of a certificate or permit. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed in the proceedings,
the transcript of testimony, and the orders of the Superintendent shall
be the records of such proceedings.
The Superintendent shall furnish a transcript of such record to any person
or persons interested in such hearing upon payment therefor of $2.00 per
page for each original transcript and $1.00
per page for each carbon copy thereof ordered with the original; provided,
that the charge for any part of such transcript ordered and paid for previous
to the writing of the original record thereof shall be $1.00 per page.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/22) (from Ch. 144, par. 157)
Sec. 22.
Service of Superintendent's report upon respondent ‑ Motion for
rehearing ‑ Time ‑ Surrender of certificate. The Superintendent or his or her
designated hearing officer shall prepare written findings including: (a)
a summary of the complaint, (b) findings of fact, and (c) reasons or basis
for the order. In any case involving the refusal to issue or renew or
the revocation of a certificate or permit, a copy of the Superintendent's
order shall be served upon the respondent, either personally
or by certified mail as provided in this Act for the service of the notice
of hearing. Within 20 days after such service, the respondent may present
to the Superintendent a motion in writing for a rehearing or a rescission
of the order, which written motion shall specify the particular grounds
therefor. In the event no such motion for rehearing or rescission be
filed, then upon the expiration of the time specified for filing a motion
for rehearing, or in the event such motion be filed and denied, then the
Superintendent shall order such denial. If such applicant or registrant
shall order and pay for a transcript of the record as provided in this Act,
the time elapsing thereafter and before such transcript is ready for
delivery shall not be counted as part of such 20 days.
Upon the revocation of a certificate or permit, the holder shall be
required to surrender such certificate or permit to the Superintendent, and
upon failure or refusal so to do, the Superintendent shall have the right
to seize the same.
(Source: P.A. 85‑293.)
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(105 ILCS 425/23) (from Ch. 144, par. 158)
Sec. 23.
Appeals to circuit court ‑ Provisions of Administrative Review
Law to govern ‑ Certification of record.) Any person affected by a final
administrative decision of the Superintendent may have such decision reviewed
judicially by the circuit court of the county wherein such person resides,
or in the case of a corporation, wherein the registered office is located.
If the plaintiff in the review proceeding is not a resident of this State,
the venue shall be in Sangamon County. The provisions of the Administrative
Review Law, and all amendments and modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the Superintendent
hereunder. The term "administrative decisions" is defined as in Section
3‑101 of the Code of Civil Procedure.
Service of summons issued in such review proceedings may be had upon the
Superintendent. The Superintendent shall
not be required to certify the record of the proceeding unless the plaintiff
in the review proceedings shall first pay to the Superintendent the sum
of $2.00 per page of such record. Exhibits shall be certified
without cost.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/25) (from Ch. 144, par. 160)
Sec. 25.
Unlawful
acts of school employees not ground for revocation of certificate ‑
Exception.)
Any unlawful act or violation of any of the provisions of this Act upon
the part of any sales representative or employee of a
business and vocational school shall not be cause
for the revocation of the certificate of approval unless it shall appear to
the satisfaction of the Superintendent that any one or more of the
controlling officers, members or managing employees had guilty knowledge
thereof.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/25.1) (from Ch. 144, par. 160.1)
Sec. 25.1.
Non‑residents ‑ Approval ‑ Consent to commencement of actions against
applicant.)
A non‑resident of this State other than a corporation not qualified to
do business in this State, desiring to obtain a certificate of approval shall
become approved by conforming to all of the conditions of this Act. Every
non‑resident applicant shall file consent that actions may be commenced
against the applicant in the proper court of any county of this State in
which a cause of action may arise and in which the plaintiff may reside, by
the service of legal process on the Superintendent. The consent shall agree
that service of such process on the Superintendent shall be recognized in
all courts to be as valid as if personal service had been made upon the
applicant in the State of Illinois. The consent shall be irrevocable as to
any cause of action arising during the period of approval. In case any
process mentioned in this Act is served upon the Superintendent, he or she shall
forward a copy of the process by certified mail to the main office of the
applicant against which the process is directed.
(Source: P.A. 83‑1484.)
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(105 ILCS 425/25.2) (from Ch. 144, par. 160.2)
Sec. 25.2.
(a) The following acts or omissions by an owner, operator
or authorized agent of a private business and vocational school shall
constitute violations of this Act and unlawful practices pursuant to the
"Consumer Fraud and Deceptive Business Practices Act", as now or hereafter amended:
1. False or misleading statements, misrepresentations or false promises
which have the tendency or capacity to influence or induce persons to
enroll in the course of instruction offered by such school.
2. Failure or refusal of the school to make the disclosures in the
enrollment agreement required by this Act; or the making of
false or inaccurate statements in such disclosures.
3. Failure or refusal of the school to refund fees and unearned tuition,
in accordance with the refund policy prescribed by
this Act, to any student who cancels his enrollment agreement.
4. Failure or refusal of the school to employ course instructors
approved by the State Board of Education and to provide the equipment,
facilities or services necessary to implement the course of instruction.
(b) Whenever the Attorney General or a state's attorney receives a
complaint against a private business and vocational school which alleges
one or more of the violations enumerated in subsection (a), he may conduct
an investigation to determine the validity of such complaint and, if a
violation or violations are found, may use any or all of the remedies,
penalties or authority granted to him by the "Consumer Fraud and Deceptive
Business Practices Act" to correct such violations and enforce the
provisions of this Act. Within 10 business days of receipt, the
Superintendent shall transmit to the Attorney General and the appropriate
state's attorney copies of complaints filed in his office
which allege one or more of the violations
enumerated in subsection (a).
(Source: P.A. 85‑1382.)
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(105 ILCS 425/26) (from Ch. 144, par. 161)
Sec. 26.
Except for the violations enumerated below, any owner,
operator or authorized agent of a school
who knowingly violates any provision of this Act shall be guilty of a
business offense.
Any owner, operator or authorized agent of a private business and
vocational school who commits any of the following offenses shall be guilty
of a Class A misdemeanor for the first offense and a Class 4 felony for the
second or subsequent offense:
1. Knowingly, and for the purpose of influencing or inducing a person
to enroll in the course of instruction offered by the school, makes any
false or misleading statements, misrepresentations or
false promises to such person regarding
opportunities upon graduation from the school for (a) employment in a
business, industry or trade, (b)
admission to an institution of higher learning, or (c) admission to an
occupational licensing examination.
2. Knowingly, and with intent to defraud, retains in excess of the school's refund
policy prescribed in this Act any
unearned tuition or fees paid by a student who has cancelled his enrollment
agreement and is entitled to a refund.
3. Knowingly, and with intent to defraud, misrepresents that any student
who has cancelled his
enrollment agreement is presently enrolled in the school, has completed the
course of instruction or has graduated from the school.
4. Knowingly uses or attempts to use students in any commercial or
manufacturing activity related to the operation of the school and to the
school's advantage and profit; except to the extent that the school
provides the student with practical experience supplemental to the course
of instruction or except in the case of students who are employed by the
school and compensated for such employment.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/26.1) (from Ch. 144, par. 161.1)
Sec. 26.1.
Injunction.
Upon application of the Superintendent, the
Attorney General or any State's Attorney, the Circuit Court of each county
in which a violation of this
Act or the Rules and Regulations has occurred, shall have jurisdiction to
enjoin any violation thereto.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/26.2) (from Ch. 144, par. 161.2)
Sec. 26.2.
Private right of action.
Any person who
suffers damages as a result of a violation of this Act committed by any
school or its representative may bring an action against such school.
The court in its discretion may award actual damages, treble actual damages if
fraud is proved, injunctive relief, and any other relief which the
court deems proper.
(1) Such action may be commenced in the county in which the
school is located, has its principal place of business, or in the
county where the transaction or any substantial portion thereof occurred.
(2) In any action brought by a person under this Section,
the court may award, in addition to the relief provided in this
Section reasonable attorney's fees and costs to the prevailing party.
(3) Either party to an action under this Section may request a trial by jury.
(Source: P.A. 85‑1382.)
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(105 ILCS 425/27) (from Ch. 144, par. 162)
Sec. 27.
Public
Policy.
It is declared to be the public policy of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in this Act to
be exercised by the State is an exclusive State power or function. Such
power or function shall not be exercised concurrently, either directly or
indirectly, by any unit of local government, including home rule units,
except as otherwise provided in this Act.
(Source: P. A. 78‑1221.)
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