Chapter III

A. These rules and regulations of the Board of Regents (board) govern the licensing and monitoring of proprietary schools operating in Louisiana upon the recommendation and advice of the Advisory Commission on Proprietary Schools (commission). Notes La. Admin. Code tit. 28 , § II…

Proprietary Schools -hereinafter referred to as "school", as defined in R.S. 17:3141.2 and R.S. 17:3141.16(B)(4) . 1. a school or educational institution supported entirely or partly by public funds from either a local or state source. This provision only exempts from the board's…

A. R.S. 17.3140.1 et seq., inclusive, known as the Proprietary Schools Law, and R.S. 49:951 et seq., known as the Administrative Procedure Act, in their currently existing form and as may be amended, are hereby incorporated herein. All remedies and procedures available to the pub…

A. In computing a period of time allowed or prescribed by these rules, by law or by order of the commission or of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a…

A. Student Protection Fund Policy 1. The Student Protection Fund is administered by the board and the commission; shall be subjected to audit and review by the Legislative Auditor's Office. 2. Required refunds due from the Student Protection Fund will be provided on a pro rata ba…

A. Advertising. All advertising shall forthrightly disclose the purpose of the advertising, that education or training, not a job, is offered, and that the advertiser is a school. Advertising includes any form of public notice however disseminated or utilized. Within this definit…

A. Violations. The following is an illustrative, but not exclusive, list of actions constituting a violation: 1. failure to provide the commission with an item of information required by R.S. 17:3140.1 et seq.; 2. misrepresentation about a school's credentials or accreditation; 3…

A. General Policies 1. The purpose of this complaint procedure is to provide an effective and efficient method by which students may resolve their complaints with the commission staff under the jurisdiction of the board; 2. the commission staff shall prepare and provide a copy of…

A. All schools shall maintain all student records as required under R.S. 17:3140.15 . All student records shall include, but are not limited to student enrollment information, student enrollment agreements, attendance records, financial and academic transcripts, and exit intervie…

A. A school must make arrangements to transfer all student academic transcripts to the Commissioner of Higher Education at the commission's address within 10 days of closing. If any of the records have been seized or confiscated by legal authorities, the board shall request the a…

A. Failure to maintain and/or turn over student records as provided above will result in the assessment of penalties. B. If necessary, a claim shall be made against the surety bond posted at the time of submission of the license application to satisfy any penalties for failure to…

A. The board retains the authority to waive or make exceptions to any provision of these regulations if it deems such waiver or exception to be in the public interest. This authority shall be exercised by majority vote of the Louisiana Board of Regents pursuant to request by a sc…

A. In order to obtain a new proprietary school license, an individual or organization will have to fill out forms published by the commission that include the following information: a. institutional contact information; b. programmatic information; c. surety information; d. recru…

A. Proceedings. Proceedings for the adoption, amendment, or repeal of a rule may be commenced by the board or commission upon its own initiative or pursuant to reasonable grounds therefore. The commission however, shall initiate procedures to adopt, amend or repeal a rule wheneve…

A. Petition to Adopt, Amend, or Repeal a Rule 1. A petition to adopt, amend, or repeal a rule shall be typed or printed on either standard letter size bond paper or on standard legal size bond paper; 2. the petition shall be dated and shall contain the following: a. the title of …

A. Any interested person may voluntarily submit evidence, testimonial or real, to the commission, such evidence being relevant and material to any issue involved in the adoption, amendment or repeal of any rule, to the corroboration of or to the unreliability or inaccuracy of any…

A. Process. In any matter defined as adjudication in R.S. 49:951(1) , notice shall be given, hearings held and a decision or order issued, all in accordance with the procedures provided for adjudications in R.S. 49:955 - 961 . Upon the conclusion of the hearing and consideration …

A. The commission shall consider petitions for a declaratory order or ruling as to the applicability of any statutory provision or of any rule or order of the board, submitted pursuant to R.S. 49:962 , hold hearings if necessary, and submit a recommended declaratory order or ruli…

A. General 1. All applications must comply with the provisions of R.S. 17:3141.4 , as well as any applicable provisions of these regulations. All applications concerning licenses are to be submitted to the commission in the manner as directed by commission staff. 2. All applicabl…

A. First Payment. Initial (new) schools and change-of-ownership schools shall be required to submit their first payment of $1,000 made payable to the "Student Protection Fund" with their application. B. Annual Payment. The required annual payments, if applicable, to the Student P…

A. Applications and renewal applications must be accompanied by affidavits by each owner, and director unless previously approved, and Solicitor Permit Applications (PSC-4 Form) by each solicitor containing the information prescribed by R.S. 17:3140.13 (for solicitor renewal, see…

A. Each license application must be accompanied by a surety bond in the amount of $10,000 issued by a surety authorized to do business in Louisiana. The bond must meet the requirements set forth in R.S. 17:3140.5 and the PSC-3 Form. Bond releases and terminations shall be as prov…

A. A license shall be valid only for the school and shall not include other schools or branches operated by the owner. Each separate location or branch school shall be licensed and bonded. No new courses shall be offered by any school holding a license until it is approved by the…

A. If the commission or commissioner recommends the denial of a license, the commission shall hold a hearing upon the applicant's request, as provided in R.S. 17:3140.6 . The applicant may appear in person or by counsel and may present evidence in support of granting the license.…

A. Licenses may be revoked by the board in accordance with the standards and procedures set forth in R.S. 17:3140.7 and statutory and regulatory provisions applicable thereto. Notes La. Admin. Code tit. 28 , § III-513 Promulgated by the Department of Education, Board of Regents, …

A. Completion of Affidavit by Non-Instructional Personnel 1. An affidavit (PSC-9 Form) containing the following information must be submitted by the owner of each school (if a corporation, by each officer and by each director) and by each staff person, except solicitors, instruct…

A. All forms are prepared and provided by the commission staff. 1. Permits and Applications. No person shall sell any course of instruction or solicit students therefore in Louisiana for any school unless he has obtained a solicitor's permit from the commission. A separate permit…

A. Refer to the PSC-14 Form, Proprietary Schools License Requirements Checklist. Enclose one original application in a binder, with tabs of the applicable items as listed on the PSC-14. B. Louisiana Minimum Cancellation and Refund Policy 1. Three-Business-Day Cancellation. All mo…

A. Renewal letters are sent to the school owners annually. A license renewal application must be received in this office 30 days prior to the license expiration. If it is not, there shall be a $500 delinquent fee. Failure to furnish all the renewal information prior to the licens…

A. Requirements. An eligible post-secondary school may award a non-academic degree entitled "The Associate in Occupational Studies." 1. The school must be licensed by the board, domiciled in the state of Louisiana, and accredited by a regional or national accrediting agency recog…

Absolute Auction -an auction which will result in a change of ownership regardless of price. Applicant -any person applying for a license under this Chapter. Apprentice -any person who is employed, either directly or indirectly, by an auctioneer to deal or engage in auctions or w…

A. The Louisiana Auctioneer Licensing Board (hereafter referred to as board ) is created by virtue of R.S. 37:3111 and is created as an agency of the state government in the Department of Economic Development. No member of the board shall be held liable as an individual in any su…

A. The board shall be composed of seven persons, consisting of the chairman and vice-chairman, and five of whom shall be auctioneers, one selected from each Public Service Commission district, and two of whom shall be consumers from the public-at-large, all appointed by the gover…

A. The chairman and vice-chairman shall hold office as board members so long as they hold their respective positions as elective officers of the board. Each appointed member shall serve at the pleasure of the governor for a term concurrent to the term of office of the governor ap…

A. Each member of the board shall receive a certificate of appointment from the governor, and before beginning his term of office, shall file with the secretary of state his written oath or affirmation for faithful discharge of his official duty. Notes La. Admin. Code tit. 46 , §…

A. Members of the board may receive a per diem or compensation when actually attending a meeting of the board or any of its committees and for time spent on behalf of the board on official business. Additionally, members may be reimbursed for actual and necessary travel, incident…

A. No person, firm, auction house, or corporation, or combination thereof shall sell, dispose of, or offer for sale at public auction or cause or permit to be sold, disposed of, or offered for sale at any public auction any property of whatsoever nature unless said auction is con…

A. The board shall base determination of satisfactory minimum qualifications for licensing as follows: 1. be of good moral character; 2. be a citizen, or a legal resident of the United States; 3. be at least 18 years of age; 4. has completed one of the following: a. completed a s…

A. Applications for the license to be obtained under provision of the board's enabling act shall be on the forms prescribed by the board and furnished to such applicants. The applications shall contain such information as the board deems necessary to enable it to fully determine …

A. Applications and all other pertinent forms are available through the board's website or will be mailed upon request of the person seeking to be licensed as an auctioneer or as an apprentice auctioneer. Notes La. Admin. Code tit. 46 , § III-1105 Promulgated by the Department of…

A. All licensees shall notify the board in writing of each change of address within 30 days of that change. Notes La. Admin. Code tit. 46 , § III-1107 Promulgated by the Department of Commerce, Auctioneer Licensing Board, LR 11:337 (April 1985), amended by the Department of Econo…

A. The board shall determine the scope, form, and content of the examinations for licensure which shall be written and shall include questions on Louisiana auction law and sound business practices. B. The board shall issue a numbered license to an applicant who meets the requirem…

A. A license shall expire annually on December 31. Each renewal license shall be valid throughout this state from January 1 of each year to December 31 of each year. All applications for renewal of auctioneers' licenses shall be submitted to the board by November 1 of each year, …

A. The board shall assess the following schedule of fees, which shall not be refundable: 1. application fee-$75; 2. examination fee-$75; 3. re-examination fee-$50; 4. initial license fee for an auctioneer-$150; 5. annual renewal license fee for an auctioneer-$150; 6. restoration …

A. A person holding a license to engage in auctions issued to him by a proper authority of a state, territory or possession of the United States of America or the District of Columbia having licensing requirements comparable to Louisiana and who in the opinion of the board otherw…

A. In order to qualify as an apprentice auctioneer, the applicant must comply with the following. 1. The applicant must be at least 18 years of age and have a high school diploma or its equivalent. 2. The applicant must be a legal resident of the state of Louisiana. 3. The appren…

A. In order to qualify as a supervising auctioneer for an apprentice, the auctioneer must comply with the following. 1. The auctioneer must be a Louisiana resident. 2. The auctioneer must have been licensed by the board for at least five consecutive years at the time of the appli…

A. The licensed Louisiana auctioneer acting as the supervisor for the apprentice auctioneer must hold the apprentice auctioneer's license. Under no circumstances is the apprentice auctioneer to have, display, or carry his license at any time. B. When an apprentice auctioneer's em…

A. Every applicant seeking to operate an auction house shall file with the board a completed application (on a form provided by the board) for a license for each auction business to be operated by that person. Although an auction business may operate in more than one location, at…

A. The board may refuse to issue or may suspend, revoke or impose probationary or other restrictions of any license issued under this statute and rules for any of the following causes: 1. conviction of a felony or entry of a plea of guilty or nolo contendere to a felony charge un…