2013 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 4.1. DEPARTMENT OF WORKFORCE DEVELOPMENT
CHAPTER 21. POSTSECONDARY PROPRIETARY EDUCATIONAL INSTITUTION ACCREDITATION
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IC 22-4.1-21
Chapter 21. Postsecondary
Institution Accreditation
Proprietary
Educational
IC 22-4.1-21-1
Definitions
Sec. 1. IC 21-18.5-1-3, IC 21-18.5-1-4, and IC 21-18.5-1-5 apply
to this chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-2
"Accreditation"
Sec. 2. As used in this chapter, "accreditation" means certification
of a status of approval or authorization by the council to conduct
business as a postsecondary proprietary educational institution.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-3
"Agent"
Sec. 3. As used in this chapter, "agent" means a person who:
(1) enrolls or seeks to enroll a resident of Indiana through:
(A) personal contact;
(B) telephone;
(C) advertisement;
(D) letter; or
(E) publications;
in a course offered by a postsecondary proprietary educational
institution; or
(2) otherwise holds the person out to the residents of Indiana as
representing a postsecondary proprietary educational institution.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-4
"Agent's permit"
Sec. 4. As used in this chapter, "agent's permit" means a
nontransferable written authorization issued to a person by the
council to solicit a resident of Indiana to enroll in a course offered or
maintained by a postsecondary proprietary educational institution.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-5
"Application"
Sec. 5. As used in this chapter, "application" means a written
request for accreditation or an agent's permit on forms supplied by
the council.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-6
"Course"
Sec. 6. As used in this chapter, "course" means a plan or program
of instruction or training, whether conducted in person, by mail, or
by any other method.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-7
"Fund"
Sec. 7. As used in this chapter, "fund" refers to the student
assurance fund established by section 18 of this chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-8
"Person"
Sec. 8. As used in this chapter, "person" means an individual, a
partnership, a limited liability company, an association, a
corporation, a joint venture, a trust, a receiver, or a trustee in
bankruptcy.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-9
"Postsecondary proprietary educational institution"
Sec. 9. As used in this chapter, "postsecondary proprietary
educational institution" means a person doing business in Indiana by
offering to the public, for a tuition, fee, or charge, instructional or
educational services or training in a technical, professional,
mechanical, business, or industrial occupation, in the recipient's
home, at a designated location, or by mail. The term does not include
the following:
(1) A postsecondary credit bearing proprietary educational
institution accredited by the board for proprietary education
under IC 21-18.5-6.
(2) A state educational institution or another educational
institution established by law and financed in whole or in part
by public funds.
(3) A postsecondary proprietary educational institution
approved or regulated by any other state regulatory board,
agency, or commission.
(4) An elementary or secondary school attended by students in
kindergarten or grades 1 through 12 and supported in whole or
in part by private tuition payments.
(5) Any educational institution or educational training that:
(A) is maintained or given by an employer or a group of
employers, without charge, for employees or for individuals
the employer anticipates employing;
(B) is maintained or given by a labor organization, without
charge, for its members or apprentices;
(C) offers exclusively instruction that is clearly
self-improvement, motivational, or avocational in intent
(including instruction in dance, music, or self-defense, and
private tutoring); or
(D) is a Montessori or nursery school.
(6) A privately endowed two (2) or four (4) year degree
granting institution that is regionally accredited and whose
principal campus is located in Indiana.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-10
Establishment of office for career and technical school;
administration
Sec. 10. (a) The office for career and technical schools is
established to carry out the responsibilities of the council under this
chapter.
(b) The council may employ and fix compensation for necessary
administrative staff with the approval of the department.
(c) The department may adopt reasonable rules under IC 4-22-2
to implement this chapter.
(d) The council may adopt and use a seal, the description of which
shall be filed with the office of the secretary of state, and which may
be used for the authentication of the acts of the council.
As added by P.L.107-2012, SEC.61. Amended by P.L.273-2013,
SEC.29.
IC 22-4.1-21-11
Purpose
Sec. 11. The general assembly recognizes that the private school
is an essential part of the educational system. It is the purpose of this
chapter to protect students, educational institutions, the general
public, and honest and ethical operators of private schools from
dishonest and unethical practices.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-12
Accreditation
Sec. 12. A person may not do business as a postsecondary
proprietary educational institution in Indiana without having
obtained accreditation under this chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-13
Applications; fee
Sec. 13. Applications for accreditation under this chapter must be
filed with the council and accompanied by an application fee of at
least one hundred dollars ($100) for processing the application and
evaluating the postsecondary proprietary educational institution.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-14
Applications; contents
Sec. 14. An application for accreditation under this chapter must
include at least the following information:
(1) The name and address of the postsecondary proprietary
educational institution and the institution's officers.
(2) The places where the courses are to be provided.
(3) The types of courses to be offered, the form of instruction
to be followed with the class, shop, or laboratory, and the hours
required for each curriculum.
(4) The form of certificate, diploma, or degree to be awarded.
(5) A statement of the postsecondary proprietary educational
institution's finances.
(6) A description of the postsecondary proprietary educational
institution's physical facilities, including classrooms,
laboratories, library, machinery, and equipment.
(7) An explicit statement of policy with reference to:
(A) solicitation of students;
(B) payment and amount of student fees; and
(C) conditions under which students are entitled to a refund
in part or in full of fees paid, including a statement
concerning the existence of the fund.
(8) Provisions for liability insurance of students.
(9) Maximum student-teacher ratio to be maintained.
(10) Minimum requirements for instructional staff.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-15
Application; bond
Sec. 15. (a) This section is subject to section 16 of this chapter.
(b) An application for accreditation under this chapter must
include a surety bond in a penal sum determined under section 16 of
this chapter. The bond must be executed by the applicant as principal
and by a surety company qualified and authorized to do business in
Indiana as a surety or cash bond company.
(c) The surety bond must be conditioned to provide
indemnification to any student or enrollee who suffers a loss or
damage as a result of:
(1) the failure or neglect of the postsecondary proprietary
educational institution to faithfully perform all agreements,
express or otherwise, with the student, enrollee, one (1) or both
of the parents of the student or enrollee, or a guardian of the
student or enrollee as represented by the application for the
institution's accreditation and the materials submitted in support
of the application;
(2) the failure or neglect of the postsecondary proprietary
educational institution to maintain and operate a course or
courses of instruction or study in compliance with the standards
of this chapter; or
(3) an agent's misrepresentation in procuring the student's
enrollment.
(d) A surety on a bond may be released after the surety has made
a written notice of the release directed to the council at least thirty
(30) days before the release. However, a surety may not be released
from the bond unless all sureties on the bond are released.
(e) A surety bond covers the period of the accreditation.
(f) Accreditation under this chapter shall be suspended if a
postsecondary proprietary educational institution is no longer
covered by a surety bond or if the postsecondary proprietary
educational institution fails to comply with section 16 of this chapter.
The council shall notify the postsecondary proprietary educational
institution in writing at least ten (10) days before the release of the
surety or sureties that the accreditation is suspended until another
surety bond is filed in the manner and amount required under this
chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-16
Bond amount; determination; contributions to fund
Sec. 16. (a) Subject to subsections (b), (d), and (e), the council
shall determine the penal sum of each surety bond required under
section 15 of this chapter based upon the following guidelines:
(1) A postsecondary proprietary educational institution that has
no annual gross tuition charges assessed for the previous year
shall secure a surety bond in the amount of twenty-five
thousand dollars ($25,000).
(2) If at any time the postsecondary proprietary educational
institution's projected annual gross tuition charges are more
than two hundred fifty thousand dollars ($250,000), the
institution shall secure a surety bond in the amount of fifty
thousand dollars ($50,000).
(b) After June 30, 2006, and except as provided in:
(1) section 19 of this chapter; and
(2) subsection (e);
and upon the fund achieving at least an initial one million dollar
($1,000,000) balance, a postsecondary proprietary educational
institution that contributes to the fund when the initial quarterly
contribution is required under this chapter after the fund's
establishment is not required to make contributions to the fund or
submit a surety bond.
(c) The council shall determine the number of quarterly
contributions required for the fund to initially accumulate one
million dollars ($1,000,000).
(d) Except as provided in section 19 of this chapter and subsection
(e), a postsecondary proprietary educational institution that begins
making contributions to the fund after the initial quarterly
contribution as required under this chapter is required to make
contributions to the fund for the same number of quarters as
determined by the council under subsection (c).
(e) If, after the fund acquires one million dollars ($1,000,000), the
balance in the fund becomes less than five hundred thousand dollars
($500,000), all postsecondary proprietary educational institutions not
required to make contributions to the fund as described in subsection
(b) or (d) shall make contributions to the fund for the number of
quarters necessary for the fund to accumulate one million dollars
($1,000,000).
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-17
Curriculum catalog and promotional brochure; contents
Sec. 17. The council shall require each postsecondary proprietary
educational institution to include in each curriculum catalog and
promotional brochure the following:
(1) A statement indicating that the postsecondary proprietary
educational institution is regulated by the council under this
chapter.
(2) The council's mailing address and telephone number.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-18
Student assurance fund; administration
Sec. 18. (a) The student assurance fund is established to provide
indemnification to a student or an enrollee of a postsecondary
proprietary educational institution who suffers loss or damage as a
result of an occurrence described in section 15(c) of this chapter if
the occurrence transpired after June 30, 1992, and as provided in
section 35 of this chapter.
(b) The council shall administer the fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund but remains available to be used for
providing money for reimbursements allowed under this chapter.
(f) Upon the fund acquiring fifty thousand dollars ($50,000), the
balance in the fund must not become less than fifty thousand dollars
($50,000). If:
(1) a claim against the fund is filed that would, if paid in full,
require the balance of the fund to become less than fifty
thousand dollars ($50,000); and
(2) the council determines that the student is eligible for a
reimbursement under the fund;
the council shall prorate the amount of the reimbursement to ensure
that the balance of the fund does not become less than fifty thousand
dollars ($50,000), and the student is entitled to receive that balance
of the student's claim from the fund as money becomes available in
the fund from contributions to the fund required under this chapter.
(g) The council shall ensure that all outstanding claim amounts
described in subsection (f) are paid as money in the fund becomes
available in the chronological order of the outstanding claims.
(h) A claim against the fund may not be construed to be a debt of
the state.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-19
Quarterly contributions to fund; determination; bond
Sec. 19. (a) Subject to section 16 of this chapter, each
postsecondary proprietary educational institution shall make
quarterly contributions to the fund. The quarters begin January 1,
April 1, July 1, and October 1.
(b) For each quarter, each postsecondary proprietary educational
institution shall make a contribution equal to the STEP THREE
amount derived under the following formula:
STEP ONE: Determine the total amount of tuition and fees
earned during the quarter.
STEP TWO: Multiply the STEP ONE amount by one-tenth of
one percent (0.1%).
STEP THREE: Add the STEP TWO amount and sixty dollars
($60).
(c) Notwithstanding section 16 of this chapter, for a
postsecondary proprietary educational institution beginning
operation after September 30, 2004, the council, in addition to
requiring contributions to the fund, shall require the postsecondary
proprietary educational institution to submit a surety bond in an
amount determined by the council for a period that represents the
number of quarters required for the fund to initially accumulate one
million dollars ($1,000,000) as determined under section 16(c) of
this chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-20
Investigation
Sec. 20. (a) Upon receipt of an application for accreditation under
this chapter, the council shall make an investigation to determine the
accuracy of the statements in the application to determine if the
postsecondary proprietary educational institution meets the minimum
standards for accreditation.
(b) During the investigation under subsection (a), the council may
grant a temporary status of accreditation. The temporary status of
accreditation is sufficient to meet the requirements of this chapter
until a determination on accreditation is made.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-21
Inspection fee
Sec. 21. The cost of performing a team onsite investigation for
purposes of section 20 of this chapter shall be paid by the applicant
postsecondary proprietary educational institution. However, the total
cost of an inspection, including room, board, and mileage that does
not require travel outside Indiana, may not exceed one thousand
dollars ($1,000) for any one (1) postsecondary proprietary
educational institution.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-22
Student records; contents; surrender to council
Sec. 22. (a) A postsecondary proprietary educational institution
shall maintain at least the following records for each student:
(1) The program in which the student enrolls.
(2) The length of the program.
(3) The date of the student's initial enrollment in the program.
(4) The student's period of attendance.
(5) The amount of the student's tuition and fees.
(6) A copy of the enrollment agreement.
(b) Upon the request of the council, a postsecondary proprietary
educational institution shall submit the records described in
subsection (a) to the council.
(c) If a postsecondary proprietary educational institution ceases
operation, the postsecondary proprietary educational institution shall
submit the records described in subsection (a) to the council not later
than thirty (30) days after the institution ceases to operate.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-23
Accreditation standards
Sec. 23. Full accreditation under this chapter may not be issued
unless and until the council finds that the postsecondary proprietary
educational institution meets minimum standards that are appropriate
to that type or class of postsecondary proprietary educational
institution, including the following minimum standards:
(1) The postsecondary proprietary educational institution has a
sound financial structure with sufficient resources for continued
support.
(2) The postsecondary proprietary educational institution has
satisfactory training or educational facilities with sufficient
tools, supplies, or equipment and the necessary number of work
stations or classrooms to adequately train, instruct, or educate
the number of students enrolled or proposed to be enrolled.
(3) The postsecondary proprietary educational institution has an
adequate number of qualified instructors or teachers,
sufficiently trained by experience or education, to give the
instruction, education, or training contemplated.
(4) The advertising and representations made on behalf of the
postsecondary proprietary educational institution to prospective
students are truthful and free from misrepresentation or fraud.
(5) The charge made for the training, instruction, or education
is clearly stated and based upon the services rendered.
(6) The premises and conditions under which the students work
and study are sanitary, healthful, and safe according to modern
standards.
(7) The postsecondary proprietary educational institution has
and follows a refund policy approved by the council.
(8) The owner or chief administrator of the postsecondary
proprietary educational institution has not been convicted of a
felony.
(9) The owner or chief administrator of the postsecondary
proprietary educational institution has not been the owner or
chief administrator of a postsecondary proprietary educational
institution that has had its accreditation revoked or has been
closed involuntarily in the five (5) year period preceding the
application for accreditation. However, if the owner or chief
administrator of the postsecondary proprietary educational
institution has been the owner or chief administrator of a
postsecondary proprietary educational institution that has had
its accreditation revoked or has been closed involuntarily more
than five (5) years before the application for accreditation, the
council may issue full accreditation at the council's discretion.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-24
Issuance of accreditation
Sec. 24. (a) After an investigation and a finding that the
information in the application is true and the postsecondary
proprietary educational institution meets the minimum standards, the
council shall issue an accreditation to the postsecondary proprietary
educational institution upon payment of an additional fee of at least
twenty-five dollars ($25).
(b) The council may waive inspection of a postsecondary
proprietary educational institution that has been accredited by an
accrediting unit whose standards are approved by the council as
meeting or exceeding the requirements of this chapter.
(c) A valid license, approval to operate, or other form of
accreditation issued to a postsecondary proprietary educational
institution by another state may be accepted, instead of inspection,
if:
(1) the requirements of that state meet or exceed the
requirements of this chapter; and
(2) the other state will, in turn, extend reciprocity to
postsecondary proprietary educational institutions accredited by
the council.
(d) An accreditation issued under this section expires one (1) year
following the accreditation's issuance.
(e) An accredited postsecondary proprietary educational
institution may renew the institution's accreditation annually upon:
(1) the payment of a fee of at least twenty-five dollars ($25);
and
(2) continued compliance with this chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-25
Revocation
Sec. 25. Accreditation under this chapter may be revoked by the
council:
(1) for cause upon notice and an opportunity for a council
hearing; and
(2) for the accredited postsecondary proprietary educational
institution failing to make the appropriate quarterly
contributions to the fund not later than forty-five (45) days after
the end of a quarter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-26
Hearing
Sec. 26. (a) A postsecondary proprietary educational institution,
after notification that the institution's accreditation has been refused,
revoked, or suspended, may apply for a hearing before the council
concerning the institution's qualifications. The application for a
hearing must be filed in writing with the council not more than thirty
(30) days after receipt of notice of the denial, revocation, or
suspension.
(b) The council shall give a hearing promptly and with not less
than ten (10) days notice of the date, time, and place. The
postsecondary proprietary educational institution is entitled to be
represented by counsel and to offer oral and documentary evidence
relevant to the issue.
(c) Not more than fifteen (15) days after a hearing, the council
shall make written findings of fact, a written decision, and a written
order based solely on the evidence submitted at the hearing, either
granting or denying accreditation to the postsecondary proprietary
educational institution.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-27
Suspension
Sec. 27. A postsecondary proprietary educational institution's
accreditation shall be suspended at any time if the accredited
postsecondary proprietary educational institution denies enrollment
to a student or makes a distinction or classification of students on the
basis of race, color, or creed.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-28
Representations
Sec. 28. A person may not do the following:
(1) Make, or cause to be made, a statement or representation,
oral, written, or visual, in connection with the offering or
publicizing of a course, if the person knows or should
reasonably know the statement or representation is false,
deceptive, substantially inaccurate, or misleading.
(2) Promise or guarantee employment to a student or
prospective student using information, training, or skill
purported to be provided or otherwise enhanced by a course,
unless the person offers the student or prospective student a
bona fide contract of employment agreeing to employ the
student or prospective student for a period of at least ninety (90)
days in a business or other enterprise regularly conducted by the
person in which that information, training, or skill is a normal
condition of employment.
(3) Do an act that constitutes part of the conduct of
administration of a course if the person knows, or should
reasonably know, that the course is being carried on by the use
of fraud, deception, or other misrepresentation.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-29
Agent's permits; liability of institution as principal
Sec. 29. (a) A person representing a postsecondary proprietary
educational institution doing business in Indiana by offering courses
may not sell a course or solicit students for the institution unless the
person first secures an agent's permit from the council. If the agent
represents more than one (1) postsecondary proprietary educational
institution, a separate agent's permit must be obtained for each
institution that the agent represents.
(b) Upon approval of an agent's permit, the council shall issue a
pocket card to the person that includes:
(1) the person's name and address;
(2) the name and address of the postsecondary proprietary
educational institution that the person represents; and
(3) a statement certifying that the person whose name appears
on the card is an authorized agent of the postsecondary
proprietary educational institution.
(c) The application must be accompanied by a fee of at least ten
dollars ($10).
(d) An agent's permit is valid for one (1) year from the date of its
issue. An application for renewal must be accompanied by a fee of
at least ten dollars ($10).
(e) A postsecondary proprietary educational institution is liable
for the actions of the institution's agents.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-30
Temporary permit
Sec. 30. (a) An application for an agent's permit must be granted
or denied by the council not more than fifteen (15) working days
after the receipt of the application. If the council has not completed
a determination with respect to the issuance of a permit under this
section within the fifteen (15) working day period, the council shall
issue a temporary permit to the applicant. The temporary permit is
sufficient to meet the requirements of this chapter until a
determination is made on the application.
(b) A permit issued under this chapter may, upon ten (10) days
notice and after a hearing, be revoked by the council:
(1) if the holder of the permit solicits or enrolls students
through fraud, deception, or misrepresentation; or
(2) upon a finding that the permit holder is not of good moral
character.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-31
Remedy; damages or other relief
Sec. 31. The fact that a bond is in force or that the fund exists
does not limit or impair a right of recovery and the amount of
damages or other relief to which a plaintiff may be entitled under this
chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-32
Remedy; void contracts
Sec. 32. An obligation, negotiable or nonnegotiable, providing for
payment for a course or courses of instruction is void if the
postsecondary proprietary educational institution is not accredited to
operate in Indiana.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-33
Misrepresentation
Sec. 33. The issuance of an agent's permit or any accreditation
may not be considered to constitute approval of a course, a person,
or an institution. A representation to the contrary is a
misrepresentation.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-34
Claims against board by student for loss or damages; contents;
investigation; limitations; claim against balance of fund
Sec. 34. (a) This section applies to claims against the surety bond
of a postsecondary proprietary educational institution.
(b) A student who believes that the student is suffering loss or
damage resulting from any of the occurrences described in section
15(c) of this chapter may request the council to file a claim against
the surety of the postsecondary proprietary educational institution or
agent.
(c) The request must state the grounds for the claim and must
include material substantiating the claim.
(d) The council shall investigate all claims submitted to the
council and attempt to resolve the claims informally. If the council
determines that a claim is valid, and an informal resolution cannot be
made, the council shall submit a formal claim to the surety.
(e) A claim against the surety bond may not be filed by the
council unless the student's request under subsection (b) is
commenced not more than five (5) years after the date on which the
loss or damage occurred.
(f) If the amount of the surety bond is insufficient to cover all or
part of the claim, a claim for the balance of the claim against the
surety bond in the amount that is insufficient must be construed to be
a claim against the balance of the fund under section 35 of this
chapter.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-35
Claims against balance of fund for reimbursement of tuition and
fees; determination; priorities
Sec. 35. (a) This section applies:
(1) to claims against the balance of the fund; and
(2) in cases in which a student or an enrollee of a postsecondary
proprietary educational institution is protected by both a surety
bond and the balance of the fund, only after a claim against the
surety bond exceeds the amount of the surety bond.
(b) A student or an enrollee of a postsecondary proprietary
educational institution who believes that the student or enrollee has
suffered loss or damage resulting from any of the occurrences
described in section 15(c) of this chapter may request the council to
file a claim with the council against the balance of the fund. If there
is a surety bond in an amount sufficient to cover a claim or part of a
claim under this section, a claim against the balance of the fund must
be construed to be a claim against the surety bond first to the extent
that the amount of the surety bond exists and the balance of the claim
may be filed against the balance of the fund.
(c) A claim under this section is limited to a refund of the
claimant's applicable tuition and fees.
(d) All claims must be filed not later than five (5) years after the
occurrence that results in the loss or damage to the claimant.
(e) Upon the filing of a claim under this section, the council shall
review the records submitted by the appropriate postsecondary
proprietary educational institution described under section 22 of this
chapter and shall investigate the claim and attempt to resolve the
claim as described in section 34(d) of this chapter.
(f) Upon a determination by the council that a claimant shall be
reimbursed under the fund, the council shall prioritize the
reimbursements under the following guidelines:
(1) A student's educational loan balances.
(2) Federal grant repayment obligations of the student.
(3) Other expenses paid directly by the student.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-36
Relief; injunction
Sec. 36. The prosecuting attorney of the county in which an
offense under this chapter occurred shall, at the request of the
council or on the prosecuting attorney's own motion, bring any
appropriate action, including a mandatory and prohibitive injunction.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-37
Adjudication
Sec. 37. An action of the council concerning the issuance, denial,
or revocation of a permit or accreditation under this chapter is
subject to review under IC 4-21.5.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-38 Version a
Violations
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 38. (a) Except as provided in subsection (b), a person who
knowingly, intentionally, or recklessly violates this chapter commits
a Class B misdemeanor.
(b) A person who, with intent to defraud, represents the person to
be an agent of a postsecondary proprietary educational institution
commits a Class C felony.
As added by P.L.107-2012, SEC.61.
IC 22-4.1-21-38 Version b
Violations
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 38. (a) Except as provided in subsection (b), a person who
knowingly, intentionally, or recklessly violates this chapter commits
a Class B misdemeanor.
(b) A person who, with intent to defraud, represents the person to
be an agent of a postsecondary proprietary educational institution
commits a Level 5 felony.
As added by P.L.107-2012, SEC.61. Amended by P.L.158-2013,
SEC.253.
IC 22-4.1-21-39
Establishment of proprietary educational institution accreditation
fund; collection of fees
Sec. 39. (a) The proprietary educational institution accreditation
fund is established.
(b) The proprietary educational institution accreditation fund shall
be administered by the council.
(c) Money in the proprietary educational institution accreditation
fund at the end of a state fiscal year does not revert to the general
fund.
(d) All fees collected by the council under this chapter shall be
deposited in the proprietary educational institution accreditation
fund.
(e) Money in the proprietary educational institution accreditation
fund shall be used by the council to administer this chapter.
As added by P.L.107-2012, SEC.61.
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