Oregon Revised Statutes
As used in ORS 345.010 to 345.340 and 345.992 to 345.997: “Agent” means an individual who is employed by or for a career school, or is working on behalf of the school under a contract, for the purpose of actively procuring students, enrollees or subscribers of the school by solicitation in any form that is made at a place or places other than the school off…
ORS 345.010 to 345.340 do not apply to: Instruction or training solely avocational or recreational in nature or to institutions offering such education exclusively. Instruction or training sponsored or offered by a bona fide trade, business, professional or fraternal organization or by a business primarily for the organization’s membership or the business’…
When a school that is licensed under ORS 345.010 to 345.340 is approved by the Higher Education Coordinating Commission to confer or offer to confer an academic degree under ORS 348.606 and the school continues to offer a course or program that does not lead to an academic degree: The school must continue to be licensed as a career school and meet the requi…
The Higher Education Coordinating Commission may adopt rules pursuant to ORS chapter 183 for the general governance and operation of career schools. Rules adopted by the commission may be specific to the individual professions for which career schools provide instruction or training. The commission shall administer ORS 345.010 to 345.340 and 345.992 to 345.…
A person may not open, conduct or do business as a career school in this state without obtaining a license under ORS 345.010 to 345.340. Except as provided in subsection (8) of this section, the Higher Education Coordinating Commission may issue a license to conduct a career school only after the applicant has presented proof satisfactory to the commission …
The Higher Education Coordinating Commission may seek an injunction against a person or career school that is engaged, has engaged or is about to engage in any activity in violation of ORS 345.010 to 345.340 or any rule adopted under the authority of ORS 345.010 to 345.340. An injunction sought under subsection (1) of this section may be sought in the Circu…
A person may not act in this state as an agent for a career school domiciled within or outside this state, unless the Higher Education Coordinating Commission has approved the agent’s registration as a part of the school’s license under ORS 345.010 to 345.340. No person shall act as an agent for a career school unless and until the career school has obtained…
Every agent for a career school not domiciled in this state shall be held to have appointed the executive director of the Higher Education Coordinating Commission as agent to accept service of all summonses, pleadings, writs and processes in all actions or proceedings brought against the applicant in this state. Service upon the executive director shall be t…
The employing school shall issue an identification credential to each agent registered under ORS 345.010 to 345.340 in the form and size prescribed by the Higher Education Coordinating Commission. Each agent shall carry the credential at all times while engaged as an agent of the school.
Before issuing any licenses under ORS 345.010 to 345.340, the Higher Education Coordinating Commission shall collect a nonrefundable annual license fee established by the commission by rule. In addition to any annual license fees collected under subsection (1) of this section, the commission may impose a fee of up to $1,000 for each new program application …
The Tuition Protection Fund is established separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Proceeds of the fund are continuously appropriated to the Higher Education Coordinating Commission to protect students when a career school ceases to provide educational services and for administrative expenses in…
In any contract for the provision of instruction or training or other services by a career school on credit entered into between a career school and a student, or between a lending institution which regularly loans money to students of a particular career school and a prospective student of that career school, such contract, note or any instrument or evidenc…
The enrollment agreement entered into between a person and a career school for the purpose of obtaining instruction or training shall contain a schedule for the refund of tuition, deposits and fees when the person does not complete the course or program of instruction or training which was the subject of the contract. No action or suit may be brought by a ca…
Any enrollment agreement used within this state as a contract for instruction between a career school and a student shall have printed or stamped upon it: “Any inquiry a student may have regarding this contract may be made in writing to the school (name and address), or to the Higher Education Coordinating Commission (current address).”
On the written complaint of any person, the Higher Education Coordinating Commission shall, and on the commission’s own motion may, investigate the actions of any career school or agent, or any person who assumes to act in either capacity within this state. After receiving a written complaint or deciding to proceed to an investigation on its own motion unde…
No career school or its agents or employees shall bring or maintain any suit or action in any court in or of this state for a cause of suit or action arising out of doing business as a career school in this state, without alleging and proving that it has complied with the applicable licensing provisions of ORS 345.010 to 345.340 and 345.992 to 345.997 at the…
The remedies provided in ORS 345.010 to 345.340 and 345.992 to 345.997 are in addition to, and not exclusive of, any other remedies provided by law.
No career school licensed under ORS 345.010 to 345.340 shall refuse admission to or discriminate in admission against or discriminate in giving instruction to any person otherwise qualified. Any violation of this section is an unlawful practice under ORS chapter 659A. Any person unlawfully discriminated against under this section may file a complaint under …
STANDARDS
The Legislative Assembly finds that career schools are capable of increasing the educational opportunities available in this state or to residents of this state and of making a contribution to the social and economic progress of the people of this state. Career schools offer different approaches to education than do public schools and are often able to provi…
The Higher Education Coordinating Commission shall adopt by rule minimum standards for the licensing of career schools under ORS 345.010 to 345.340 that are reasonably calculated to ensure that: The quality and content of each course or program of instruction can achieve its stated objective; The facilities, instructional equipment and materials are suffic…
The Higher Education Coordinating Commission shall appoint a representative advisory committee consisting of 11 members who shall serve for terms of three years ending June 30. Of the membership of the committee: Seven members shall be persons affiliated with career schools as owners, directors, administrators, instructors or representatives, but not more t…
Consistent with the requirements of ORS 345.325, the advisory committee shall recommend to the Higher Education Coordinating Commission minimum standards for the operation of career schools. In making its recommendations, the committee shall consider changes in technological, economic and social conditions which affect employment needs, opportunities and ski…
PENALTIES
Violation of any provision of ORS 345.020, 345.030, 345.070, 345.115 or 345.325 is a Class B misdemeanor.
In addition to any other penalty provided by law, any person who violates any provision of ORS 345.020, 345.030, 345.070, 345.115 or 345.117, or who engages in an unlawful trade practice as defined by ORS 646.608 shall incur a civil penalty for each violation in the amount prescribed by the schedule adopted under ORS 345.995. Civil penalties under this sect…
After consultation with the advisory committee established under ORS 345.330, the Higher Education Coordinating Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation of ORS 345.010 to 345.340. A civil penalty may not exceed $500 per violation. The commission shall consul…
All penalties recovered under ORS 345.992 shall be paid into the State Treasury and credited to the General Fund. _______________