9 Miss. Code. R. § 7-3-3.23 - CIVIL PENALTIES AND ADMINISTRATIVE SANCTIONS

A. A hearing officer may recommend, and the commission may impose, a civil penalty not to exceed Two Thousand Five Hundred Dollars ($2,500) for any violation of this section. In the case of a second or further violation committed within the previous five (5) years, the liability shall be a civil penalty not to exceed Five Thousand Dollars ($5,000) for each violation.

B. Notwithstanding the provisions of paragraph (A) of section 3.23 of these regulations, a hearing officer may recommend, and the commission may impose, a civil penalty not to exceed Twenty-five Thousand Dollars ($25,000) for any of the following violations:

a. Operation of a institution without a Certificate of Registration in violation of this chapter;

b. Operation of a institution knowing that the institution's registration has been suspended or revoked;

c. Use of false, misleading, deceptive or fraudulent advertising;

d. Employment of recruiters on the basis of a commission, bonus or quota, except as authorized by the commission;

e. Directing or authorizing recruiters to offer guarantees of jobs upon completion of a program of study or individual course;

f. Failure to make a tuition refund when such failure is part of a pattern of misconduct; or

g. Violation of any other provision of this document, or any rule or regulation of the commission, when such violation constitutes part of a pattern of misconduct, which significantly impairs the educational quality of the program or programs being offered by the institution. For each enumerated offense, a second or further violation committed within the previous five (5) years shall be subject to a civil penalty not to exceed Fifty Thousand Dollars ($50,000) for each such violation.

C. In addition to the penalties authorized in paragraphs 3.23A and 3.23B of these regulations, a hearing officer may recommend, and the commission may impose, any of the following administrative sanctions:

a. A cease and desist order;

b. A mandatory direction;

c. A suspension or revocation of a Certificate of Registration;

d. A probation order; or

e. An order of restitution.

D. The commission may suspend a registration upon the failure of an institution to pay any fee, fine or penalty as required by this chapter unless such a failure is determined by the commission to be for good cause.

E. In addition to the penalties and administrative sanctions authorized in these regulations, the Mississippi Community College Board is authorized to levy and collect fees from institutions to recover the cost of audits, investigations, and hearings relating to such institutions.

F. All fees, civil penalties, fines and settlements received shall accrue to the credit of the Commission on Proprietary School and College Registration.

G. Any penalty or administrative sanction imposed by the commission under this section may be appealed by the institution, college or other person affected to the Mississippi Community College Board as provided in Section 75-60-4(3), Mississippi Code of 1972, as amended which appeal shall be on the record previously made before the commission's hearing officer. All appeals from the Mississippi Community College Board shall be on the record and shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

Notes

9 Miss. Code. R. § 7-3-3.23

Amended 4/6/2017 Amended 4/27/2018 Amended 6/24/2018 Amended 2/4/2021 Amended 3/24/2023 Amended 10/4/2024