Chapter 345 — Chapter 345

ORS 345.010 Definitions for ORS 345.010 to 345.340 and 345.992 to 345.997. As used in ORS 345.010 to 345.340 and 345.992 to 345.997

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ORS 345.015 Application of ORS 345.010 to 345.340. ORS 345.010 to 345.340 do not apply to

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ORS 345.017 Application of ORS 345.010 to 345.340 to school that confers academic degrees; student eligibility for moneys from Tuition Protection Fund. When a school that is licensed under ORS 345.010 to 345.340 is approved by the Higher Education Coordinating Commission to confer or offer to confer an academic degree under ORS 348.606 and the school continues to offer a course or program that does not lead to an academic degree

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ORS 345.020 Powers and duties of Higher Education Coordinating Commission regarding career schools; rules. (1) The Higher Education Coordinating Commission may adopt rules pursuant to ORS chapter 183 for the general governance and operation of career schools. Rules adopted by the commission may be specific to the individual professions for which career schools provide instruction or training

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ORS 345.030 License requirements; fingerprints; transfer of license. (1) A person may not open, conduct or do business as a career school in this state without obtaining a license under ORS 345.010 to 345.340

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ORS 345.035 Injunction for violation of licensure requirements. (1) The Higher Education Coordinating Commission may seek an injunction against a person or career school that is engaged, has engaged or is about to engage in any activity in violation of ORS 345.010 to 345.340 or any rule adopted under the authority of ORS 345.010 to 345.340

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ORS 345.040 Approval of registration of agent required; bonding. (1) A person may not act in this state as an agent for a career school domiciled within or outside this state, unless the Higher Education Coordinating Commission has approved the agent’s registration as a part of the school’s license under ORS 345.010 to 345.340. No person shall act as an agent for a career school unless and until the career school has obtained a license

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ORS 345.050 [Amended by 1961 c.268 §6; renumbered as part of 345.030]

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ORS 345.060 Appointment of executive director of Higher Education Coordinating Commission as agent for service of process; service of process. (1) Every agent for a career school not domiciled in this state shall be held to have appointed the executive director of the Higher Education Coordinating Commission as agent to accept service of all summonses, pleadings, writs and processes in all actions or proceedings brought against the applicant in this state. Service upon the executive director shall be taken and held in all courts to be as valid and binding as if personal service thereof had been made upon the applicant within this state

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ORS 345.070 Registered agent identification credential. The employing school shall issue an identification credential to each agent registered under ORS 345.010 to 345.340 in the form and size prescribed by the Higher Education Coordinating Commission. Each agent shall carry the credential at all times while engaged as an agent of the school. [Amended by 1961 c.268 §8; 1975 c.478 §8; 1989 c.333 §7; 2012 c.104 §27]

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ORS 345.080 Fees; rules. (1) Before issuing any licenses under ORS 345.010 to 345.340, the Higher Education Coordinating Commission shall collect a nonrefundable annual license fee established by the commission by rule

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ORS 345.090 [Amended by 1961 c.268 §10; repealed by 1975 c.478 §29]

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ORS 345.100 [Amended by 1961 c.268 §11; 1975 c.478 §10; repealed by 1989 c.333 §25]

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ORS 345.110 Tuition Protection Fund; rules. (1) The Tuition Protection Fund is established separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Proceeds of the fund are continuously appropriated to the Higher Education Coordinating Commission to protect students when a career school ceases to provide educational services and for administrative expenses incurred under subsection (5) of this section

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ORS 345.113 Negotiability of contract for student loan. (1) In any contract for the provision of instruction or training or other services by a career school on credit entered into between a career school and a student, or between a lending institution which regularly loans money to students of a particular career school and a prospective student of that career school, such contract, note or any instrument or evidence of indebtedness of the student shall have printed on the face thereof the words “Student Loan.” Such contract, note, instrument or evidence of indebtedness with the words “Student Loan” printed thereon shall not be a negotiable instrument within the meaning of ORS chapter 73. However, this section shall have no force or effect on the negotiability of any contract, promissory note, instrument or other evidence of indebtedness owned or guaranteed or insured by any state or federal governmental agency even though the contract, note, instrument or other evidence of indebtedness contains the wording required by this subsection

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ORS 345.115 Refund schedule; limit on advance deposit; default; rules. (1) The enrollment agreement entered into between a person and a career school for the purpose of obtaining instruction or training shall contain a schedule for the refund of tuition, deposits and fees when the person does not complete the course or program of instruction or training which was the subject of the contract. No action or suit may be brought by a career school or its assigns if the enrollment agreement does not contain this refund schedule. This provision shall not limit the career school’s right to defend any action or suit brought by any person on a contract which does not contain such a schedule

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ORS 345.117 Information required on enrollment agreement. Any enrollment agreement used within this state as a contract for instruction between a career school and a student shall have printed or stamped upon it: “Any inquiry a student may have regarding this contract may be made in writing to the school (name and address), or to the Higher Education Coordinating Commission (current address).” [1975 c.478 §22; 1989 c.333 §11; 1995 c.343 §10; 2012 c.104 §31]

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ORS 345.120 Investigations; notice for corrective action, suspension or revocation. (1) On the written complaint of any person, the Higher Education Coordinating Commission shall, and on the commission’s own motion may, investigate the actions of any career school or agent, or any person who assumes to act in either capacity within this state

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ORS 345.130 [Repealed by 1975 c.478 §29]

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ORS 345.140 [Repealed by 1975 c.478 §29]

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ORS 345.150 [Amended by 1971 c.734 §39; repealed by 1975 c.478 §29]

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ORS 345.160 [Repealed by 1975 c.478 §29]

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ORS 345.170 [Repealed by 1975 c.478 §29]

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ORS 345.180 [Repealed by 1975 c.478 §29]

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ORS 345.190 [Repealed by 1975 c.478 §29 and by 1975 c.759 §17]

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ORS 345.200 [Repealed by 1975 c.478 §29 and by 1975 c.759 §17]

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ORS 345.210 Proof of license required in suit by career school, agent or employee. No career school or its agents or employees shall bring or maintain any suit or action in any court in or of this state for a cause of suit or action arising out of doing business as a career school in this state, without alleging and proving that it has complied with the applicable licensing provisions of ORS 345.010 to 345.340 and 345.992 to 345.997 at the time such cause of suit or action arose. [Amended by 1975 c.478 §14; 1989 c.333 §13; 1995 c.343 §12]

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ORS 345.220 [Amended by 1961 c.268 §12; 1965 c.529 §14; repealed by 1975 c.478 §29]

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ORS 345.230 Remedies are additional. The remedies provided in ORS 345.010 to 345.340 and 345.992 to 345.997 are in addition to, and not exclusive of, any other remedies provided by law. [Amended by 1975 c.478 §15; 1975 c.759 §17a; 1991 c.67 §85]

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ORS 345.240 Discrimination prohibited; complaint. (1) No career school licensed under ORS 345.010 to 345.340 shall refuse admission to or discriminate in admission against or discriminate in giving instruction to any person otherwise qualified

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ORS 345.250 [Amended by 1957 c.724 §12; repealed by 1989 c.333 §26]

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ORS 345.310 [1965 c.529 §2; repealed by 1975 c.478 §29]

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ORS 345.320 Legislative findings and purpose. (1) The Legislative Assembly finds that career schools are capable of increasing the educational opportunities available in this state or to residents of this state and of making a contribution to the social and economic progress of the people of this state. Career schools offer different approaches to education than do public schools and are often able to provide professional, technical and placement assistance not otherwise available

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ORS 345.325 Minimum standards; rules. The Higher Education Coordinating Commission shall adopt by rule minimum standards for the licensing of career schools under ORS 345.010 to 345.340 that are reasonably calculated to ensure that

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ORS 345.330 Advisory committee. (1) The Higher Education Coordinating Commission shall appoint a representative advisory committee consisting of 11 members who shall serve for terms of three years ending June 30. Of the membership of the committee

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ORS 345.340 Recommended minimum standards. Consistent with the requirements of ORS 345.325, the advisory committee shall recommend to the Higher Education Coordinating Commission minimum standards for the operation of career schools. In making its recommendations, the committee shall consider changes in technological, economic and social conditions which affect employment needs, opportunities and skills. [1965 c.529 §5; 1975 c.478 §18; 1995 c.343 §17; 2012 c.104 §35]

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ORS 345.350 [1965 c.529 §§6,10; repealed by 1975 c.478 §29]

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ORS 345.360 [1965 c.529 §7; repealed by 1975 c.478 §29]

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ORS 345.370 [1965 c.529 §8; 1975 c.478 §19; repealed by 1989 c.333 §26]

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ORS 345.380 [1965 c.529 §11; repealed by 1975 c.478 §29]

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ORS 345.400 [1977 c.886 §29; 1987 c.31 §14; 1989 c.333 §17; 1991 c.67 §86; 1993 c.45 §270; 1993 c.267 §20; 1995 c.79 §188; 1995 c.343 §18; 2005 c.117 §9; 2012 c.104 §36; 2013 c.50 §§5,6; 2017 c.66 §1; repealed by 2023 c.273 §17]

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ORS 345.410 [1977 c.886 §30; 1987 c.31 §15; repealed by 1989 c.333 §26]

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ORS 345.420 [1977 c.886 §31; 1983 c.151 §23; 1989 c.333 §18; 1993 c.45 §271; repealed by 1993 c.742 §77]

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ORS 345.430 [1977 c.886 §33; 1987 c.31 §16; 1989 c.333 §19; 1993 c.267 §21; 1995 c.343 §19; 1999 c.425 §27; 2005 c.117 §10; 2012 c.104 §37; 2013 c.314 §§43a,43b; repealed by 2023 c.273 §17]

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ORS 345.440 [1977 c.886 §34; 1987 c.31 §17; 1987 c.414 §150; 1993 c.45 §272; 1993 c.267 §22; 1995 c.343 §19a; 2001 c.104 §120; 2005 c.117 §11; 2005 c.648 §119; 2013 c.568 §8; repealed by 2023 c.273 §17]

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ORS 345.450 [1977 c.886 §35; 1987 c.31 §18; 1987 c.414 §151; 1989 c.333 §20; 1993 c.45 §273; 1993 c.267 §23; 1995 c.343 §19b; c.104 §121; 2005 c.117 §12; 2005 c.648 §120; 2012 c.104 §38; 2013 c.568 §9; repealed by 2023 c.273 §17]

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ORS 345.460 [Formerly 690.275; 1989 c.333 §21; 1989 c.491 §52a; 1993 c.45 §274; repealed by 1995 c.343 §72]

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ORS 345.470 [Formerly 690.087; 1989 c.333 §22; 1993 c.45 §275; repealed by 1995 c.343 §72]

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ORS 345.505 [1975 c.557 §1; 1979 c.271 §1; 1985 c.579 §4; 1989 c.619 §5; 1991 c.67 §87; 1993 c.45 §276; 1999 c.59 §92; 1999 c.717 §6; 2007 c.407 §5; repealed by 2011 c.301 §1]

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ORS 345.515 [1975 c.557 §2; 1993 c.45 §277; repealed by 2011 c.301 §1]

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