2005 California Education Code Sections 94950-94985 Article 13. Administrative and Judicial Procedures

94950.  (a) The procedures set forth in Section 94965 or,
alternatively, in Section 94975, govern the following types of
administrative actions:
   (1) Denial of an application for an approval or renewal of an
approval.
   (2) Suspension or revocation of an existing approval.
   (3) Appeals of conditional approvals.
   (b) In lieu of the procedures set forth in Section 94965 or 94975,
an institution may voluntarily elect to utilize the procedures set
forth in Section 94980 if it appeals a conditional approval by the
bureau.
   (c) The procedures set forth in Section 94970 govern emergency
suspensions of an institution's approval to operate initiated by the
bureau.
   (d) Sections 94952 and 94955 authorize the  bureau and the
Attorney General to seek various forms of judicial relief in order to
enforce this chapter.
   (e) Section 94960 governs actions based on student complaints.
   (f) Section 94985 authorizes civil remedies for individual
students in addition to those available under other provisions of
law.
   (g) Procedures established pursuant to regulations adopted by the
bureau shall govern the following types of administrative appeals:
   (1) Probationary actions.
   (2) Decisions by the  bureau denying an institution's claim for an
exemption or exclusion from this chapter or any provision thereof.
94952.  (a) The Attorney General, or any district attorney, or city
attorney, may make investigations as may be necessary to carry out
this chapter, including, but not necessarily limited to,
investigations of complaints.  The bureau may jointly bring actions
as necessary to enforce this chapter, including, but not necessarily
limited to, civil actions for injunctive relief.  In actions brought
pursuant to this subdivision, the bureau shall be represented by the
Attorney General.
   (b) The Attorney General shall represent the  bureau in the
following administrative proceedings arising under this chapter:
   (1) Suspension or revocation of an institution's approval.
   (2) Denial of an institution's application for approval.
   (3) An appeal of a conditional approval to operate issued
following a review of an institution's application for approval.
   (c) Nothing in this section or this chapter shall preclude the
Attorney General, or any district attorney or city attorney, from any
of the following:
   (1) Bringing any action on behalf of the people as he or she is
empowered by law to bring, including, but not necessarily limited to,
actions based upon alleged violations of Chapter 5 (commencing with
Section 17200) of Part 2, and Chapter 1 (commencing with Section
17500) of Part 3, of Division 7 of the Business and Professions Code.
   (2) Conducting investigations necessary to determine whether there
have been violations of law specified in paragraph (1).
   (3) Conducting any investigations that he or she is authorized to
conduct, including, but not necessarily limited to, investigations
authorized under Section 11180 of the Government Code.
   (4) In the case of the Attorney General, delegating his or her
representation authority under subdivision (b) to staff attorneys of
the bureau.
   (5) Entering into an agreement or understanding with the  bureau
with respect to representation in any judicial or administrative
proceeding not expressly enumerated herein.
94955.  (a) The  bureau may bring an action for equitable relief for
any violation of this chapter.  The equitable relief may include
restitution, a temporary restraining order, the appointment of a
receiver, and a preliminary or permanent injunction.  The action may
be brought in the county in which the defendant resides or in which
any violation has occurred or may occur.
   (b) The remedies provided in this section supplement, and do not
supplant, the remedies and penalties under other provisions of law.
   (c) In actions brought pursuant to this section, the  bureau shall
be represented by the Attorney General.
94957.  (a) In addition to or in lieu of any other remedy or
penalty, the  bureau may issue a citation to an institution for
committing any violation of this chapter or regulation adopted under
this chapter.
   (b) The citation may contain an order of abatement or the
assessment of an administrative fine.  The administrative fine may
not exceed two thousand five hundred dollars ($2,500) for each
violation.  The  bureau shall base its assessment of the
administrative fine on the nature and seriousness of the violation,
the persistence of the violation, the good faith of the institution,
the history of previous violations, and the purposes of this chapter.
   (c) The citation shall be in writing and shall describe the nature
of the violation and the specific provision of law determined to
have been violated.  The citation shall inform the institution of its
right to request a hearing in writing within 15 days of the date
that the citation was issued.  If a hearing is not requested, payment
of the administrative fine shall not constitute an admission of the
violation charged.  If a hearing is requested, the  bureau shall
provide a hearing as described in Section 94965, 94975, or 94980.
Payment of the administrative fine is due 15 days after the citation
was issued if a hearing is not requested, or when a final order is
entered if a hearing is requested.  The  bureau may enforce the
administrative fine as if it were a money judgment pursuant to Title
9 (commencing with Section 680.10) of Part 2 of the Code of Civil
Procedure.
   (d) All administrative fines shall be deposited in the Private
Postsecondary and Vocational Education Administration Fund.
94960.  (a) Any person claiming damage or loss as a result of any
act or practice by a postsecondary or vocational educational
institution or its agent, or both, that is a violation of this
chapter or of the regulations adopted pursuant to this chapter, may
file with the bureau a verified complaint against that institution or
its agent, or both.
   The complaint shall set forth the alleged violation, and shall
contain any other information as may be required by the bureau.
   (b) (1) Pursuant to regulations that specify its procedures
regarding complaint handling and disclosure, the bureau shall
investigate any complaint, and document its findings and its
determination of the appropriate course of action and disposition of
the complaint.
   (2) The bureau shall adopt regulations that specify its procedures
for complaint handling and complaint disclosure.  The bureau shall
make every reasonable attempt to ensure that the first public hearing
on its proposed regulations is convened prior to June 30, 2002.  The
requirements of this subdivision shall not preclude the bureau from
fulfilling its complaint handling responsibilities pending adoption
of the regulations.
   (3) The regulations adopted pursuant to paragraph (2) shall
include, but not necessarily be limited to, both of the following:
   (A) A procedure for handling the original student complaints by
mail that affords the institution that is the subject of the
complaint an opportunity to respond.
   (B) Additional options, including teleconferencing and an
administrative law hearing and a complaint resolution hearing
conducted by the bureau program administrator or his or her designee.
  Participation in this hearing shall not prevent any party to the
complaint from exercising any other means of redress available under
the law.
   (4) Nothing in this section shall be construed to prevent a
complainant, institution, or the bureau from using additional appeals
that are available under state law.
   (c) If, upon all the evidence at a hearing, the bureau finds that
an institution or its agent, or both, have engaged in, or are
engaging in, any act or practice that violates this chapter or the
regulations adopted pursuant to this chapter, the bureau shall report
that evidence to the Attorney General.  The bureau, based on its own
investigation or the evidence adduced at a hearing, or both, also
may commence an action to revoke an institution's approval to operate
or an agent's permit.
   (d) Complaints received by the bureau pertaining to institutions
accredited by the Western Association of Schools and Colleges shall
be forwarded to the association.  Actions by the bureau relating to
complaints against these institutions shall be limited to the
transmittal of this information.
   (e) A person entitled to bring an action for the recovery of
damages or other relief shall not be required to file a complaint
pursuant to this section, or to pursue or exhaust any administrative
process or remedy before bringing the action.
94960.5.  The bureau shall include in its annual report to the
Legislature made pursuant to Section 94995, a statistical summary of
complaints filed pursuant to Section 94960, that includes, but is not
necessarily limited to, all of the following:
   (a) The number of complaints filed.
   (b) The nature of the complaint, by appropriate categories.
   (c) The disposition of the complaints.
   (d) The actions taken by the bureau, under subdivision (c) of
Section 94960, to enforce a prevailing complaint.
94965.  (a) Proceedings in connection with the denial of an
application to operate, the grant of a conditional approval to
operate, or the revocation of an approval to operate shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the  bureau shall have all of the powers granted in that chapter.
Any action by the  bureau to place an institution on probation shall
be subject to appeal, and the  bureau shall establish procedures that
provide the institution with adequate notice and an opportunity to
be heard and to present evidence as to why the action recommended by
staff or by a visiting committee shall not be taken.
   (b) Upon taking any action to suspend or revoke an institution's
approval to operate, or to deny an application for renewal of an
approval to operate, the  bureau shall provide written notice to the
Student Aid Commission, the United States Department of Education,
and to any appropriate accrediting association.
94970.  (a) If an institution has violated this chapter and
determines that immediate action is necessary to protect students,
prevent misrepresentations to the public, or prevent the loss of
public funds, tuition, or other money paid by students, the council
may institute an emergency action to suspend the approval of an
institution to operate, or the approval to operate a branch or
satellite campus, for not more than 30 days unless the council
initiates a proceeding to suspend or revoke the approval to operate
within that period.
   (b) (1) The council shall provide notice of the emergency action
to the institution by certified mail, if the effective date of the
emergency action is 10 or more working days after mailing, or
personal service, if the effective date of the emergency action is
five or more days after service.
   (2) The notice shall specify all of the following:
   (A) The violations upon which the emergency action is based.
   (B) The nature and grounds of the emergency action, including
whether the action applies to the continuation of instruction to
enrolled students or to the enrollment of new students.
   (C) The effective date of the action, which shall not be less than
five days after the notice is provided.
   (D) The institution's right to show cause that the emergency
action is unwarranted by submitting to the council, at least two days
before the effective date of the emergency action, declarations,
documentary evidence, and written arguments demonstrating that the
violations did not occur or that immediate action is not required.
   (E) The right of the institution to request, in writing, within 30
days of the service of the notice, a hearing.
   (c) The council may (1) continue the effective date of an
emergency action or (2) terminate the emergency action at any time if
the council concludes that the institution has shown cause that the
emergency action is unwarranted or that the grounds for instituting
the emergency action no longer remain.  The council shall provide
written notice of a continuance or termination of an emergency action
to the institution.
   (d) (1) If the institution does not take the opportunity to show
cause why the emergency action is unwarranted, the emergency action
shall become effective on the date specified in the notice or notice
of continuance.
   (2) If the institution takes the opportunity to show cause and the
council decides, after a consideration of the declarations,
documentary evidence and written argument submitted by the
institution, that the emergency action should become effective, the
emergency action shall be effective on the date specified in the
notice or notice of continuance.  The council shall notify the
institution of the decision at least one day before the effective
date, and the institution may thereafter seek judicial relief upon
notice to the council and the Attorney General.
   (e) (1) If a hearing is requested within the 30-day period
specified in subdivision (b) the council shall set a date for the
hearing within 20 days after receipt of the request.
   (2) If the institution does not request a hearing within the
30-day period specified in subdivision (b) or if the council
concludes after a hearing requested by the institution that grounds
exist for the suspension or revocation of the institution's approval
to operate or approval to operate a branch or satellite campus, the
council may extend the suspension or revoke the institution's
approval to operate or approval to operate a branch or satellite
campus, order probation and a penalty, order the posting of a bond,
or condition the institution's approval to operate or approval to
operate a branch or satellite campus as the council deems
appropriate.
   (f) During the pendency of an emergency action, the council may
investigate the institution's compliance with this chapter, including
an onsite inspection, and may institute a proceeding pursuant to
Section 94878, if applicable, or Section 94965 or 94975 to suspend or
revoke an institution's approval to operate or approval to operate a
branch or satellite campus, order a bond, or order probation and a
penalty, based on any violation of this chapter.
   (g) This section supplements, but does not supplant, the authority
of the council to seek judicial relief, including a temporary
restraining order and injunction, to redress any violation of this
chapter.
94975.  (a) This section establishes the procedure for notice and
hearing required under this chapter and, except as provided in
Section 94970, may be used in lieu of other notice or hearing
requirements provided in this chapter.
   (b) If notice of administrative action is required by this
chapter, the bureau shall serve notice stating the following:
   (1) The action, including the penalties and administrative
sanctions sought.
   (2) The grounds for the action with sufficient particularity to
give notice of the transactions, occurrences, violations, or other
matters on which the action is based.
   (3) The right to a hearing and the time period within which the
party subject to the notice may request a hearing in writing.  The
time period shall not be less than 15 days after service of the
notice unless a longer period is provided by statute.
   (4) The right to be present at the hearing, to be represented by
counsel, to cross-examine witnesses, and to present evidence.
   (5) That, if the party subject to the notice does not request a
hearing in writing within the time period expressed in the notice, he
or she will waive or forfeit his or her right to an administrative
hearing and the action will become final.
   (c) If a party subject to a notice provided pursuant to
subdivision (b) requests a hearing in writing within the time period
specified in subparagraph (3) of paragraph (b), then within  30 days
of receiving this request, the bureau shall schedule a hearing.  The
hearing shall be held in a location determined pursuant to Section
11508 of the Government Code.  The bureau shall serve reasonable
notice of the time and place for the hearing at least 10 days before
the hearing.  The  bureau may continue the date of the hearing upon a
showing of good cause.
   (d) (1) Any party, including the  bureau, may submit a written
request to any other party before the hearing to obtain the names and
addresses of any person who has personal knowledge, or who the party
receiving the request claims to have personal knowledge, of any of
the transactions, occurrences, violations, or other matters that are
the basis of the administrative action.  In addition, the requesting
party shall have the right to inspect and copy any written statement
made by that person and any writing, as defined by Section 250 of the
Evidence Code, or thing that is in the custody, or under the
control, of the party receiving the request and that is relevant and
not privileged.  This subdivision shall constitute the exclusive
method for prehearing discovery.  However, nothing in this paragraph
shall affect the  bureau's authority, at any time, to investigate,
inspect, monitor, or obtain and copy information under any provision
of this chapter.
   (2) The written request described in paragraph (1) shall be made
before the hearing and within 30 days of the service of the notice
described in subdivision (b).  Each recipient of a request shall
comply with the request within 15 days of its service by providing
the names and addresses requested and by producing at a reasonable
time at the  bureau's office, or other mutually agreed reasonable
place, the requested writings and things.  The  bureau may extend the
time for response upon a showing of good cause.
   (3) Except as provided in this paragraph, no party may introduce
the testimony or statement of any person or any writing or thing into
evidence at the hearing if that party failed to provide the name and
address of the person or to produce the writing or thing for
inspection and copying as provided by this subdivision.  A party may
introduce the testimony, statement, writing, or thing that was not
identified or produced as required herein only if there is no
objection or if the party establishes that the person, writing, or
thing was unknown at the time when the response was made to the
written request, the party could not have informed other parties
within a reasonable time after learning of the existence of the
person, writing, or thing, and no party would be prejudiced by the
introduction of the evidence.
   (e) Before the hearing has commenced, the  bureau shall issue
subpoenas at the written request of any party for the attendance of
witnesses or the production of documents or other things in the
custody or under the control of the person subject to the subpoena.
Subpoenas issued pursuant to this section are subject to Section
11510 of the Government Code.
   (f) (1) The  bureau shall designate an impartial hearing officer
to conduct the hearing.  The hearing officer may administer oaths and
affirmations, regulate the course of the hearing, question
witnesses, and otherwise investigate the issues, take official notice
according to the procedure provided in Division 4 (commencing with
Section 450) of the Evidence Code of any technical or educational
matter in the  bureau's special field of expertise and of any matter
that may be judicially noticed, set the time and place for continued
hearings, fix the time for the filing of briefs and other documents,
direct any party to appear and confer to consider the simplification
of issues by consent, and prepare a statement of decision.
   (2) Neither a hearing officer nor any person who has a direct or
indirect interest in the outcome of the hearing shall communicate
directly or indirectly with each other regarding any issue involved
in the hearing while the proceeding is pending without notice and
opportunity for all parties to participate in the communication.  A
hearing officer who receives any ex parte communication shall
immediately disclose the communication to the bureau and all other
parties.  The  bureau may disqualify the hearing officer if necessary
to eliminate the effect of the ex parte communication.  If the
bureau finds that any party willfully violated, or caused the
violation of, this paragraph, the  bureau shall enter that party's
default and impose the administrative sanction set forth in the
notice provided pursuant to subdivision (b).
   (g) (1) Each party at the hearing shall be afforded an opportunity
to present evidence, respond to evidence presented by other parties,
cross-examine, and present written argument or, if permitted by the
hearing officer, oral argument on the issues involved in the hearing.
  The bureau may call any party as a witness who may be examined as
if under cross-examination.
   (2) Each party may appear through its representative or through
legal counsel.
   (3) The technical rules relating to evidence and witnesses shall
not apply.  However, only relevant evidence is admissible.
   (4) Oral evidence shall be taken only upon oath or affirmation.
The hearing shall be conducted in the English language.  The
proponent of any testimony to be offered by a witness who is not
proficient in English shall provide, at the proponent's cost, an
interpreter proficient in English and the language in which the
witness will testify.
   (5) The hearing shall be recorded by tape recording or other
phonographic means unless all parties agree to another method of
recording the proceedings.
   (6) (A) At any time 10 or more days before the hearing, any party
may serve on the other parties a copy of any declaration that the
party proposes to introduce in evidence.
   (B) The declaration shall be accompanied by a notice indicating
the date of service of the notice and stating that the declarations
will be offered into evidence, the declarants will not be called as
witnesses, and there will be no right of cross-examination unless the
party receiving the notice requests the right to cross-examine, in
writing, within seven days of the service of the declarations and
notice.
   (C) If no request for cross-examination is served within seven
days of the service of the declarations and notice described in
subparagraph (B), the right to cross-examination is deemed waived and
the declaration shall have the same effect as if the declarant
testified orally.  Notwithstanding this paragraph, a declaration may
be admitted as hearsay evidence without cross-examination.
   (7) Disposition of any issues involved in the hearing may be made
by stipulation or settlement.
   (8) If a party fails to appear at a hearing, that party's default
shall be taken and the party shall be deemed to have waived the
hearing and agreed to the administrative action and the grounds for
that action described in the notice given pursuant to subdivision
(b).  The  bureau shall serve the party with an order of default
including the administrative action ordered.  The order shall be
effective upon service or at any other time designated by the
bureau.  The  bureau may relieve a party from an order of default if
the party applies for relief within 15 days after the service of an
order of default and establishes good cause for relief.  An
application for relief from default shall not stay the effective date
of the order unless expressly provided by the  bureau.
   (h) (1) At any time before the matter is submitted for decision,
the  bureau may amend the notice provided pursuant to subdivision (b)
to set forth any further grounds for the originally noticed
administrative action or any additional administrative action and the
grounds therefor.  The statement of the further grounds for the
originally noticed administrative action, or of the grounds for any
additional administrative action, shall be made with sufficient
particularity to give notice of the transactions, occurrences,
violations, or other matters on which the action or additional action
is based.  The amended notice shall be served on all parties.  All
parties affected by the amended notice shall be given reasonable
opportunity to respond to the amended notice as provided in this
section.
   (2) The  bureau may amend the notice after the case is submitted
for decision.  The  bureau shall serve each party with notice of the
intended amendment, and shall provide the party with an opportunity
to show that the party will be prejudiced by the amendment unless the
case is reopened to permit the party to introduce additional
evidence.  If prejudice is shown, the  bureau shall reopen the case
to permit the introduction of additional evidence.
   (i) (1) Within 30 days after the conclusion of the hearing or at
another time established by the  bureau, the hearing officer shall
submit a written statement of decision setting forth a recommendation
for a final decision and explaining the factual and legal basis for
the decision as to each of the grounds for the administrative action
set forth in the notice or amended notice.  The  bureau shall serve
the hearing officer's statement of decision on each party and its
counsel within 10 days of its submission by the hearing officer.
   (2) The  director shall make the final decision which shall be
based exclusively on evidence introduced at the hearing.  The final
decision shall be supported by substantial evidence in the record.
The director also shall issue a statement of decision explaining the
factual and legal basis for the final decision as to each of the
grounds for the administrative action set forth in the notice or
amended notice.  The director shall issue an order based on its
decision which shall be effective upon service or at any other time
designated by the  director.  The director, or his or her agent,
shall serve a copy of the final decision and order, within 10 days of
their issuance, on each party and its counsel.
   (3)  The  bureau shall serve a certified copy of the complete
record of the hearing, or any part thereof designated by a party,
within 30 days after receiving the party's written request and
payment of the cost of preparing the requested portions of the
record.  The complete record shall include all notices and orders
issued by the  bureau, a transcript of the hearing, the exhibits
admitted or rejected, the written evidence and any other papers in
the case, the hearing officer's statement of decision, and the final
decision and order.
   (j) The  bureau shall serve all notices and other documents that
are required to be served by this section on each party by personal
delivery, by certified mail, return receipt requested, or by any
other means designated by the  bureau.
   (k) (1) Any party aggrieved by the  director's final decision and
order may seek judicial review by filing a petition for a writ of
mandate pursuant to Section 1085 of the Code of Civil Procedure
within 30 days of the issuance of the final decision and order.  If
review is not sought within that period, the party's right to review
shall be deemed waived.
   (2) The aggrieved party shall present the complete record of the
hearing or all portions of the record necessary for the court's
review of the director's final decision and order.  The court shall
deny the petition for a writ of mandate if the record submitted by
the party is incomplete.  The court shall not consider any matter not
contained in the record.  The  director's findings of fact and legal
conclusions supporting the final decision shall be conclusive if
supported by substantial evidence on the record considered as a
whole.
   (3) The final order shall not be stayed or enjoined during review
except upon the court's grant of an order on a party's application
after due notice to the  director and the Attorney General.  The
order shall be granted only if the party establishes the substantial
likelihood that it will prevail on the merits and posts a bond
sufficient to protect fully the interests of the students, the
bureau, and the fund, from any loss.
   (l) The  bureau may adopt regulations establishing alternative
means of providing notice and an opportunity to be heard in
circumstances in which a full hearing is not required by law.
   (m) For the purposes of this section, "good cause" shall require
sufficient ground or reason for the determination to be made by the
bureau.
94980.  (a) If the  bureau, through the director, denies an
institution's application for approval, grants a conditional
approval, or initiates a proceeding to suspend or revoke an
institution's approval to operate, the institution may request a
hearing pursuant to this section in lieu of the hearing procedure
designated by the bureau under Section 94965 or 94975.
   (b) At the time the  bureau provides notice to an institution of
its right to a hearing under Section 94965 or 94975 in connection
with the denial of an application for approval to operate, the
issuance of a conditional approval to operate, or a proposed
suspension or revocation of approval to operate, the  bureau also
shall provide notice of the provisions of this section.
   (c) Within 15 days after service of the notice described in
subdivision (b), the institution may request in writing a hearing
under this section in lieu of the hearing procedure in Section 94965
or 94975.  The request shall acknowledge that, by electing to proceed
under this section, the institution is knowingly waiving all rights
under the hearing procedure otherwise provided by the  bureau.
   (d) After receiving the institution's request for a hearing under
this section, the  bureau shall provide the institution or its
representative with copies of all the documents, testimony in
declaration form, and written arguments on which the  bureau relies
to support its proposed administrative action.
   (e) The institution shall have 30 days from the service of the
bureau's written evidence and arguments to submit all the documents,
testimony in declaration form, and written arguments on which the
institution relies in opposition to the  bureau's proposed
administrative action.
   (f) Neither the  bureau nor the institution has any right to
discovery or to compel the production of documents or the testimony
of witnesses by subpoena.
   (g) The director shall review all of the documents, declarations,
and arguments, and shall render a proposed decision in writing, based
solely on the written evidence and arguments that set forth the
proposed administrative action and the factual and legal bases for
it.
   (h) The bureau shall serve the institution with a written decision
setting forth the administrative action taken and the legal and
factual bases for it.  The decision shall become final within 30 days
unless another time is specified by the  bureau.
   (i) The bureau shall serve a certified copy of the complete
record, or any part thereof designated by an institution, within 30
days after receiving the institution's written request and payment of
the cost of preparing the requested record or portions thereof.  The
complete record shall consist of all notices and orders of the
bureau, the documents, declarations, and written argument submitted,
a transcript of any oral argument, and the final decision and order.
   (j) Any party aggrieved by the  bureau's final decision and order
may seek judicial review as provided in, and subject to, the
requirements of subdivision (k) of Section 94975.
   (k) All documents required by this section to be served by the
bureau shall be served on the institution, its counsel, or authorized
representative by any means authorized for service pursuant to
Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the
Code of Civil Procedure.
94985.  (a) Any institution that willfully violates any provision of
Section 94800, 94810, 94814, or 94816, Sections 94820 to 94826,
inclusive, Section 94829, 94831, or 94832 may not enforce any
contract or agreement arising from the transaction in which the
violation occurred, and any willful violation is a ground for
revoking an approval to operate in this state or for denying a
renewal application.
   (b) Any person who claims that an institution is operating in
violation of subdivision (a) of Section 94831, subdivision (a) of
Section 94900, or Section 94915, or an institution is operating a
branch or satellite campus in violation of subdivision (a) of Section
94857, may bring an action, in a court of competent jurisdiction,
for the recovery of actual and or statutory damages as well as an
equity proceeding to restrain and enjoin those violations, or both.
   (1) At least 35 days prior to the commencement of an action
pursuant to this subdivision, the plaintiff shall do all of the
following:
   (A) Notify the institution alleged to have violated subdivision
(a) of Section 94831, subdivision (a) of Section 94900, Section
94915, or subdivision (a) of Section 94857, of the particular alleged
violations.
   (B) Demand that the institution apply for the bureau's approval to
operate as required by subdivision (a) of Section 94831, subdivision
(a) of Section 94900, Section 94915, or subdivision (a) of Section
94857, whichever is applicable.
   (C) The notice shall be in writing, and shall be sent by regular
mail and certified or registered mail, return receipt requested, to
the location of the institution that is allegedly operating in
violation of subdivision (a) of Section 94831, subdivision (a) of
Section 94900, Section 94915, or subdivision (a) of Section 94857,
whichever is applicable.
   (D) The institution shall have 30 working days, from receipt of
the notice, to file an application for approval to operate with the
bureau.
   (E) No action pursuant to this subdivision may be filed if the
institution, within 30 working days after receipt of the notice,
applies for the bureau's approval to operate as required by
subdivision (a) of Section 94831, subdivision (a) of Section 94900,
Section 94915, or subdivision (a) of Section 94857, whichever is
applicable.
   (F) If, within 35 days after receipt of the notice, the bureau has
not received an application from the institution, the bureau shall
mail the plaintiff a certification that the institution has not
applied or been approved to operate pursuant to subdivision (a) of
Section 94831, subdivision (a) of Section 94900, Section 94915, or
subdivision (a) of Section 94857, whichever is applicable.
   (G) The plaintiff shall also notify the bureau by mail and by
certified or registered mail, return receipt requested, that he or
she intends to bring an action pursuant to this section against the
institution.  Upon receipt of this notice, the bureau shall
immediately investigate the institution's compliance with subdivision
(a) of Section 94831, subdivision (a) of Section 94900, Section
94915, or subdivision (a) of Section 94857, whichever is applicable,
and, if the bureau determines that the institution has violated the
applicable section, the bureau shall immediately order the
institution to cease and desist operations.  For each day that the
institution continues to operate in violation of the bureau's cease
and desist order, the institution shall be fined one thousand dollars
($1,000).
   (2) If the court finds that the institution has violated
subdivision (a) of Section 94831, subdivision (a) of Section 94900,
Section 94915, or subdivision (a) of Section 94857, all of the
following shall occur:
   (A) The court shall order the institution to cease all operations
and to comply with all procedures set forth in this code pertaining
to the closure of institutions.
   (B) The court shall order the institution to pay all students who
enrolled while the school was in violation of subdivision (a) of
Section 94831, subdivision (a) of Section 94900, Section 94915, or
subdivision (a) of Section 94857 a refund of all tuition and fees
paid to the institution and a statutory penalty of one thousand
dollars ($1,000).
   (C) The court shall order the institution to pay the prevailing
party's attorneys' fees and costs.
   (D) The court shall order the institution to pay to the bureau all
fines incurred pursuant to subparagraph (E) of paragraph (1).
   (E) Any instrument of indebtedness, enrollment agreement, or
contract for educational services is unenforceable pursuant to
Section 94838.  The court shall order the institution to mail a
notice to all students who were enrolled while the school was in
violation of subdivision (a) of Section 94831, subdivision (a) of
Section 94900, Section 94915, or subdivision (a) of Section 94857,
stating that instruments of indebtedness, enrollment agreements, and
contracts for educational services are not enforceable.  If the
institution fails to provide adequate proof to the court and to the
bureau that it has mailed this notice within 30 days of the court's
order, the bureau shall mail the notice to the students and the court
shall order the institution to pay the bureau's costs of generating
and mailing the notices, in no case less than five thousand dollars
($5,000).
   (3) Any violation of subdivision (a) of Section 94831, subdivision
(a) of Section 94900, Section 94915, and subdivision (a) of Section
94857 shall constitute an unfair business practice within the meaning
of Section 17200 of the Business and Professions Code.
   (4) A certification, issued by the bureau, that the institution
has not applied for approval to operate and has not been approved to
operate as required by subdivision (a) of Section 94831, subdivision
(a) of Section 94900, Section 94915, or subdivision (a) of Section
94857, whichever is applicable, shall establish a conclusive
presumption that the institution has violated this subdivision.
   (5) All fines and other monetary amounts that an institution is
ordered to pay pursuant to this subdivision may be collected from the
institution itself and from the individuals who own the institution,
whether or not the institution is organized as a corporation.
   (6) Notwithstanding any provision of the contract or agreement, a
student may bring an action for a violation of this article or for an
institution's failure to perform its legal obligations and, upon
prevailing thereon, is entitled to the recovery of damages, equitable
relief, or any other relief authorized by this article, and
reasonable attorney's fees and costs.
   (d) If a court finds that a violation was willfully committed or
that the institution failed to refund all consideration as required
by subdivision (b) on the student's written demand, the court, in
addition to the relief authorized under subdivision (b), shall award
a civil penalty of up to two times the amount of the damages
sustained by the student.
   (e) The remedies provided in this article supplement, but do not
supplant, the remedies provided under any other provision of law.
   (f) An action brought under this section shall be commenced within
three years of the discovery of the facts constituting grounds for
commencing the action.
   (g) Any provision in any agreement that purports to require a
student to invoke any grievance dispute procedure established by the
institution before enforcing any right or remedy is void and
unenforceable.
   (h) A student may assign his or her cause of action for a
violation of this article to the bureau, or to any state or federal
agency that guaranteed or reinsured a loan for the student or that
provided any grant or other financial aid.
   (i) This section applies to any action pending on the effective
date of this section.
   (j) This section supplements, but does not supplant, the authority
granted the Division of Labor Standards Enforcement under Chapter 4
(commencing with Section 79) of Division 1 of the Labor Code to the
extent that placement activities of trade schools are subject to
regulation by the division under the Labor Code.
   (k) If a student commences an action or asserts any claim in an
existing action for recovery on behalf of a class of persons, or on
behalf of the general public, under Section 17200 of the Business and
Professions Code, the student shall notify the bureau of the
existence of the lawsuit, the court in which the action is pending,
the case number of the action, and the date of the filing of the
action or of the assertion of the claim.  The student shall notify
the bureau as required by this subdivision within 30 days of the
filing of the action or of the first assertion of the claim,
whichever is later.  The student shall also notify the court that he
or she has notified the bureau pursuant to this subdivision.
Notwithstanding any other provision of law, no judgment may be
entered pursuant to this section until the student has notified the
bureau of the suit and notified the court that the bureau has been
notified.  This subdivision only applies to a new action filed or to
a new claim asserted on or after January 1, 2002.