§ 10a-22i — (Formerly Sec. 10-7j). Administrative penalty.

Connecticut § 10a-22i

• Jurisdiction: Connecticut
• Title 10a: State System of Higher Education
• Ch. 185: Administration of State System

Text

(a) The commissioner may assess any person, board, partnership, association, corporation, limited liability company or other entity which violates any provision of sections 10a-22a to 10a-22p, inclusive, sections 10a-22u to 10a-22w, inclusive, or regulations adopted pursuant to section 10a-22k, an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation, except that, any administrative penalty assessed on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations. (b) The commissioner shall serve written notice upon a private career school when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty. Not later than forty-five days after mailing such notice to the private career school, the commissioner, or the commissioner's designee, shall hold a compliance conference with the private career school. (c) If, after the compliance conference, the commissioner determines that imposition of an administrative penalty is appropriate, the commissioner shall issue an order and serve written notice by certified mail, return receipt requested upon the private career school. (d) A private career school aggrieved by the order of the commissioner imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request in writing a hearing before the commissioner. Such hearing shall be held in accordance with the provisions of chapter 54.

Legislative History

(P.A. 79-380, S. 10; P.A. 84-176, S. 2, 5; P.A. 86-48, S. 3, 5; P.A. 90-198, S. 2, 5; P.A. 93-294, S. 9, 17; P.A. 06-150, S. 9; P.A. 09-99, S. 7; 09-116, S. 1; P.A. 12-156, S. 29; P.A. 19-87, S. 6; P.A. 22-123, S. 19; P.A. 24-81, S. 144.) History: P.A. 84-176 amended section inserting references to Secs. 10-7f to 10-7 l , inclusive, and clarifying that the penalty to be assessed is an administrative penalty; P.A. 86-48 added Subsec. (a) designation and substituted “commissioner” for “state board” in Subsec. (a) and added Subsec. (b) re procedures for assessing the penalty and for appeal; P.A. 90-198 in Subsec. (b) increased the number of days for completion of an administrative review from 21 to 45; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from department of education to department of higher education, effective July 1, 1993; Sec. 10-7j transferred to Sec. 10a-22i in 1995; P.A. 06-150 amended Subsec. (a) to make conforming changes and include limited liability companies as entities subject to administrative penalty, amended Subsec. (b) to insert “an administrative”, delete provisions re process for administrative review and hearing and add provision requiring compliance conference not later than 45 days after mailing of notice of consideration of administrative penalty, added Subsec. (c) re imposition of administrative penalty after compliance conference and added Subsec. (d) permitting aggrieved school to request hearing before Board of Governors; P.A. 09-99 amended Subsec. (d) by replacing “Board of Governors” with “commissioner”; P.A. 09-116 amended Subsec. (a) by permitting assessment of administrative penalty for violation of regulations adopted pursuant to Sec. 10a-22k; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-22p, effective July 1, 2019; P.A. 22-123 amended Subsec. (a) to allow amount of administrative penalty to be specified in regulations and changed “private occupational school” to “private career school” throughout, effective July 1, 2022; P.A. 24-81 replaced references to executive director of the Office of Higher Education with Commissioner of Higher Education, effective May 30, 2024.