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Subchapter 5. Enforcement. Grounds for Denial, Revocation or Suspension of an Approval or Authorization.   

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The superintendent may suspend, deny or revoke an approval, or authorization, or Certificate of Authorization for Service, whichever action is timely and appropriate, on the following grounds, as appropriate:

(a) The applicant fails to show that he, she or the proposed institution or its educational services meet the minimum applicable standards and requirements in this Division 21 or in Chapter 3 of Part 59 of Division 10 of the Education Code.

(b) The holder of a conditional or provisional approval fails to meet the requirements for a full or final approval.

(c) The holder fails to conform to any one or more of the representations contained in the application, whether initial or renewal, or fails to operate or maintain qualifications in conformance with any of the applicable standards requirements and prohibitions in this Division 21 or in Chapter 3 of Part 59 of Division 10 of the Education Code.

(d) The affidavit or evidence submitted by the holder under applicable provisions of Education Code Section 94310.3 is untrue or inaccurate.

(e) The owner or any of the owners, members of the board of directors, officers, administrators, or instructors has pled guilty to or has been found guilty of any crime other than minor traffic offenses or has entered a plea of nolo contendere to a charge thereof, or has committed unscrupulous acts, made material misrepresentations, committed fraud, or is otherwise unfit to engage in the business of private postsecondary education, unless evidence of rehabilitation or mitigation satisfactory to the superintendent is presented. Currently effective court imposed probation is prima facie evidence of lack of rehabilitation

Any crime, act or omission alleged as grounds for denial, suspension or revocation under this subsection must relate to the educational services of the particular institution or to the welfare of its students, or to the operation of private postsecondary institutions generally.

Authority Cited:

Education Code 94305 (b)

Reference:

Education Code 94302 (t)

Education Code 94305(d)

Education Code 94310

Education Code 94311

Education Code 94312

Education Code 94330(c)

Education Code 94332(3

(Amended by Register 89, No. 8.)