Connecticut General Statutes/Title 10a/Chapter 185/Section 10a-22d

CGS § 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal, fees, probation, extension.

(a) After the initial year of approval and for the next three years of operation as a private career school, renewal of the certificate of authorization shall be required annually.

(b) Following the fourth year of continuous authorization, a renewal of the certificate of authorization, if granted, shall be for a period not to exceed five years and may be subject to an evaluation pursuant to subsection (e) of section 10a-22b, provided no private career school shall operate for more than five additional years from the date of any renewal without the completion of an evaluation pursuant to subsection (e) of section 10a-22b.

(c) Renewal of the certificate of authorization shall be granted only upon (1) payment of a nonrefundable renewal fee to the Office of Higher Education in the amount of two hundred dollars for the private career school and two hundred dollars for each branch of a private career school, except that, any renewal fees paid on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations, (2) submission of any reports or audits, as prescribed by the commissioner or the commissioner's designee, concerning the fiscal condition of the private career school or its continuing eligibility to participate in federal student financial aid programs, (3) the filing with the commissioner of a complete application for a renewed certificate of authorization not less than one hundred twenty days prior to the termination date of the most recent certificate of authorization, and (4) a determination that the private career school meets all the conditions of its recent authorization, including, but not limited to, at the discretion of the commissioner, evidence that such school is current on its financial obligations and has adequate financial resources to serve its current students, and the filing of documentation with the commissioner that the private career school has a passing financial ratio score as required by 34 CFR 668, as amended from time to time.

(d) If the commissioner, or the commissioner's designee, determines, at any time during a school's authorization period, that such school is out of compliance with the conditions of authorization under sections 10a-22a to 10a-22o, inclusive, and any applicable regulations of Connecticut state agencies, the school may be placed on probation for a period not to exceed one year. If, after the period of one year of probationary status, the school remains out of compliance with the conditions of authorization, the commissioner may revoke such school's certificate of authorization to operate as a private career school pursuant to section 10a-22f. During the school's period of probation, the school shall post its probationary certificate of authorization in public view. The Office of Higher Education may publish the school's probationary certificate of authorization status.

(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, inclusive, the commissioner may authorize the extension of the most recent certificate of authorization for a period not to exceed sixty days for good cause shown, provided such extension shall not change the date of the original certificate's issuance or the date for each renewal.

(f) After the first year of authorization, each private career school shall pay a nonrefundable annual fee to the private career school student protection account in the amount of two hundred dollars for the private career school and two hundred dollars for each branch of a private career school, except that, any annual fee paid on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations. The annual fee shall be due and payable for each year after the first year of authorization that the private career school and any branch of a private career school is authorized by the commissioner to offer career instruction. Such annual fee shall be in addition to any renewal fee assessed under this section.

(g) Each private career school shall keep financial records in conformity with generally accepted accounting principles. An annual financial statement detailing the financial status of the school shall be prepared by school management and reviewed or audited, or, for a nonaccredited school annually receiving less than fifty thousand dollars in tuition revenue, compiled, by a licensed certified public accountant or licensed public accountant in accordance with standards established by the American Institute of Certified Public Accountants. A copy of such financial statement shall be filed with the commissioner on or before the last day of the fourth month following the end of the school's fiscal year, except in the case of a nationally accredited school recognized by the United States Department of Education, in which case such financial statement shall be due on or before the last day of the sixth month following the end of the school's fiscal year. Only audited financial statements shall be accepted from a nationally accredited school. Upon a nonaccredited school's written request, the commissioner may authorize, for good cause shown, a filing extension for a period not to exceed sixty days. No filing extensions shall be granted to a nationally accredited school.

(h) The failure of any private career school to submit an application to the Office of Higher Education for the renewal of a certificate of authorization on or before the date on which it is due may result in the loss of authorization under section 10a-22f. The commissioner of said office may deny the renewal of such certificate of authorization if there exists a failure to file such renewal application by the date on which it is due, or the end of any period of extension authorized pursuant to subsection (e) of this section.

Short History

(P.A. 79-380, S. 4; P.A. 83-501, S. 4, 12; P.A. 86-48, S. 1, 5 P.A. 88-360, S. 2, 63; P.A. 91-295, S. 2, 7; P.A. 93-294, S. 4, 17; P.A. 06-150, S. 4; P.A. 09-99, S. 3; P.A. 11-48, S. 235; P.A. 12-156, S. 56; P.A. 16-155, S. 3, 4; P.A. 17-139, S. 4; P.A. 21-45, S. 2, 3; P.A. 22-123, S. 14; P.A. 24-81, S. 140.)

Long History

History: P.A. 83-501 replaced former section which provided that after initial authorization, renewal was required every three years with provision that would require annual authorization for a period of three years after which renewal will be for a period of three years; P.A. 86-48 added Subsec. (a) and Subdiv. (1) designations and requirement for payment of additional fees for extension or branch schools in Subsec. (a), added Subsec. (a)(2) re time limit for filing of an application for a renewal certificate and added Subsec. (b) re extension of certificate; P.A. 88-360 amended Subsec. (b) to provide that an extension shall not change the date of the original certificate's issuance or the date for each renewal; P.A. 91-295 in Subsec. (a) deleted requirement for an evaluation at the time of each renewal and added provision that no school operate for more than three additional years from the date of any renewal without an evaluation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to provide for a five-year renewal instead of a three-year renewal, to add Subdiv. (2) re federal reports and audits and renumbered the existing Subdiv. (2) as Subdiv. (3) and added the exception clause on probationary authorization, effective July 1, 1993; Sec. 10-7d transferred to Sec. 10a-22d in 1995; P.A. 06-150 amended Subsec. (a) to provide for annual renewal of authorization after initial year of operation and next three years and to designate parts of subsection as new Subsecs. (b) and (c), amended said Subsec. (c) to increase annual fee from $100 to $200, require additional fee of $200 for each branch school, require submission of all reports or audits re fiscal condition of school, delete provisions re failure to renew authorization and issuance of probationary authorization and add Subdiv. (4) re criteria for renewal of authorization, added Subsec. (d) re probation and revocation of certificate of authorization, redesignated existing Subsec. (b) as Subsec. (e) and made conforming and technical changes throughout section; P.A. 09-99 amended Subsec. (a) by inserting “renewal of the certificate of”, made conforming changes in Subsec. (b), amended Subsec. (c) by rephrasing provisions re payment of fees for renewal of certificate of authorization in Subdiv. (1), inserting “as prescribed by the commissioner or the commissioner's designee” in Subdiv. (2) and requiring school to have passing financial ratio score, and added Subsec. (f) re payment of annual fee to student protection account and Subsec. (g) re maintenance of financial records, effective July 1, 2009; P.A. 11-48 amended Subsecs. (c) and (d) to replace references to Board of Governors of Higher Education and Department of Higher Education with references to Office of Financial and Academic Affairs for Higher Education and references to Commissioner of Higher Education with references to executive director, effective July 1, 2011 (Revisor's note: In Subsecs. (e), (f) and (g), “commissioner” was changed editorially by the Revisors to “executive director” to conform with changes made by P.A. 11-48, S. 232); pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (c) and (d), effective June 15, 2012; P.A. 16-155 amended Subsec. (c) by adding provision re evidence that school is current on rent or mortgage obligations and making technical changes, and amended Subsec. (g) by adding provision re nonaccredited school offering instruction in barbering or hairdressing and annually enrolling fewer than 10 students to file a compiled financial statement, effective July 1, 2016; P.A. 17-139 amended Subsec. (g) by deleting “offering instruction in barbering or hairdressing and” re nonaccredited school, effective July 1, 2017; P.A. 21-45 amended Subsec. (g) by replacing “enrolling fewer than ten students” with “receiving less than fifty thousand dollars in tuition revenue” and added Subsec. (h) re failure to submit application for renewal of certificate of authorization, effective July 1, 2021; P.A. 22-123 amended Subsec. (b) to change references to Secs. 10a-22b(f) and 10a-22b(g) to Sec. 10a-22b(e), amended Subsec. (c) to allow renewal fees to be specified in regulations and to require schools to have adequate financial resources to serve current students, amended Subsec. (f) to allow the amount of annual fees 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.

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