9 Miss. Code. R. § 7-3-3.20 - COMPLAINTS AGAINST A REGISTERED INSTITUTION
A. The Commission on Proprietary School and
College Registration may suspend, revoke or cancel a Certificate of
Registration for any one (1) or any combination of the following causes:
i. Violation of any provision of Mississippi
Proprietary School Law (Title 75 Chapter 60, Mississippi Code of 1972, as
amended), or any regulation made by the commission
ii. The furnishing of false, misleading or
incomplete information requested by the commission;
iii. The signing of an application or the
holding of a Certificate of Registration by a person who has
pleaded guilty or has been found guilty of a felony or any other indictable
offense;
iv. The signing of an
application or the holding of a Certificate of Registration by
a person who is addicted to the use of any narcotic drug, or who is found to be
mentally incompetent;
v. Violation
of any commitment made in an application for a Certificate of
Registration;
vi.
Presentation to prospective students of misleading, false or fraudulent
information relating to a course of instruction, employment opportunity, or
opportunities for enrollment in accredited institutions of higher education
after entering or completing courses offered by the holder of a
Certificate of Registration;
vii. Failure to provide or maintain premises
or equipment for offering courses of instruction in a safe and sanitary
condition;
viii. Refusal by an
agent to display his/her Agent Permit upon demand of a
prospective student or other interested person;
ix. Failure to maintain financial resources
adequate for the satisfactory conduct of courses of study as presented in the
plan of operation or to retain a sufficient number and qualified staff of
instruction;
x. Offering training
or courses of instruction other than those presented in the application;
however, institutions may offer special courses adapted to the needs of
individual students where the special courses are in the subject field
specified in the application;
xi.
Accepting the services of an agent not licensed in accordance with Mississippi
Proprietary School and College Law (Sections
75-60-23 through
75-60-37, inclusive of the
Mississippi Code of 1972, as amended);
xii. Conviction or a plea of nolo contendere
on the part of any owner, operator or director of a registered institution of
any felony under Mississippi law or the law of another jurisdiction;
xiii. Continued employment of an instructor
who has been convicted of, or entered a plea of nolo contendere to, any felony
under Mississippi law or the law of another jurisdiction;
xiv. Incompetence of any owner or operator to
operate a school or college.
B. Complaints must be submitted in writing to
the commission by a person with standing.
C. The commission must receive all complaints
within two (2) years of the alleged violation.
D. The commission will maintain a record of
all written complaints received.
E.
The commission will notify the complainant that the complaint has been received
and will request further information if necessary.
F. The commission will notify the Chief
Operating Officer of the Institution that a complaint has been made and, where
appropriate, the nature of the complaint. An informal conference with an
institution representative may be scheduled at this time. The commission may
request a written response to the issues in the complaint.
G. If the complaint is resolved as a result
of the informal conference, the commission will maintain written documentation
of the resolution. The complainant, the agent, and the employing institution
will be notified of the resolution agreement.
H. If the complaint is not resolved through
the informal process, the commission may schedule a hearing in accordance with
the procedure in section
3.21 of this document.
I. The commission will issue a written
finding within ninety (90) days of receipt of the complaint. This finding will
be sent to the complainant, and the Institution's Chief Operating Officer, and
will be placed in the institution's file at the commission office.
J. If the commission determines that the
complaint does not fall under the provisions of Section
75-60-19 of the Mississippi Code
of 1972, as amended, the commission will attempt to refer the complainant to an
appropriate agency of oversight body.
K. The commission may initiate an
investigation without registration of a complaint.
L. The presences of an arbitration clause in
the student's enrollment contract, does not negate the student's right to file
a complaint with the commission.
Notes
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No prior version found.