§ 3B-15

(Section scheduled to be repealed on January 1, 2031) Sec. 3B-15. Grounds for disciplinary action. In addition to any other cause herein set forth the Department may refuse to issue or renew and may suspend, place on probation, or revoke any license to operate a school, or take any other disciplinary or non-disciplinary action that the Department may deem proper, including the imposition of fines not to exceed $5,000 for each violation, for any one or any combination of the following causes: (1) Repeated violation of any provision of this Act or any standard or rule established under this Act. (2) Knowingly furnishing false, misleading, or incomplete information to the Department or failure to furnish information requested by the Department. (3) Violation of any commitment made in an application for a license, including failure to maintain standards that are the same as, or substantially equivalent to, those represented in the school's applications and advertising. (4) 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, that is false, misleading, or fraudulent. (5) Failure to provide premises or equipment or to maintain them in a safe and sanitary condition as required by law. (6) 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. (7) Refusal to admit applicants on account of race, color, creed, sex, physical or mental disability unrelated to ability, religion, or national origin. (8) Paying a commission or valuable consideration to any person for acts or services performed in violation of this Act. (9) Attempting to confer a fraudulent degree, diploma, or certificate upon a student. (10) Failure to correct any deficiency or act of noncompliance under this Act or the standards and rules established under this Act within reasonable time limits set by the Department. (11) Conduct of business or instructional services other than at locations approved by the Department. (12) Failure to make all of the disclosures or making inaccurate disclosures to the Department or in the enrollment agreement as required under this Act. (13) Failure to make appropriate refunds as required by this Act. (14) Denial, loss, or withdrawal of accreditation by any accrediting agency. (15) During any calendar year, having a failure rate of 25% or greater for those of its students who for the first time take the examination authorized by the Department to determine fitness to receive a license as a barber, barber teacher, cosmetologist, cosmetology teacher, esthetician, esthetician teacher, hair braider, hair braiding teacher, nail technician, or nail technology teacher, provided that a student who transfers into the school having completed 50% or more of the required program and who takes the examination during that calendar year shall not be counted for purposes of determining the school's failure rate on an examination, without regard to whether that transfer student passes or fails the examination. (16) Failure to maintain a written record indicating the funds received per student and funds paid out per student. Such records shall be maintained for a minimum of 7 years and shall be made available to the Department upon request. Such records shall identify the funding source and amount for any student who has enrolled as well as any other item set forth by rule. (17) Failure to maintain a copy of the student record as defined by rule. (18) Entering into enrollment agreements or contracts with students that are not in accordance with this Act and any applicable rules.

Legislative History

(Source: P.A. 104-153, eff. 1-1-26 .)