§ 20-3-250.1. Short Title
This part shall be known and may be cited as the “Nonpublic Postsecondary Educational Institutions Act of 1990.” History. Code 1981, § 20-3-250.1 , enacted by Ga. L. 1990, p. 1166, § 3.
§ 20-3-250.10. Surety Bonds; Filing; Release of Surety; Suspension Upon Release of Surety
As part of the application review process, the commission shall conduct a financial assessment of each institution that applies to the commission for initial or renewed authorization to operate. If a financial assessment includes findings or notes raising concern about such applicant’s institutional internal controls or recommends that such applicant should be placed on financial […]
§ 20-3-250.11. Collection of Fees Established by Commission
Fees shall be collected by the executive director in such amounts as shall be established by the commission. The commission is authorized to establish the following fees and fee schedules: Separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission’s relative cost of performing its duties […]
§ 20-3-250.12. Denial of Application
If the executive director, upon review and consideration of an application for authorization to operate or for renewal thereof, determines that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application. The […]
§ 20-3-250.13. Revocation of Authorization to Operate; Conditional Authorization; Hearing
An authorization to operate may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall […]
§ 20-3-250.14. Filing Complaint Against Institution
Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a complaint against such institution. A complaint shall be filed with the executive […]
§ 20-3-250.15. Hearing and Review by Commission of Denial of Authorization to Operate
Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution’s authorization to operate and any person aggrieved by the imposition of a […]
§ 20-3-250.16. Judicial Review of Final Commission Action
Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section. An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after the commission’s action becomes effective. Upon a finding that irreparable injury […]
§ 20-3-250.17. Discontinuation of Operations of Nonpublic Postsecondary Educational Institution
In the event any nonpublic postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operations, the chief administrative officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as […]
§ 20-3-250.18. Initiation of Court Proceedings by Executive Director
The Attorney General of this state or the district attorney of any judicial circuit in which a nonpublic postsecondary educational institution is found, at the request of the executive director or on his or her own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this […]
§ 20-3-250.19. Jurisdiction
Any nonpublic postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, which conducts postsecondary activities or which instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or […]
§ 20-3-250.2. Definitions
As used in this part, the term: “Agent” means any natural person owning any interest in, employed by, or representing for remuneration a nonpublic postsecondary educational institution within or outside this state and who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education […]
§ 20-3-250.20. Funding for Administration of Part
The commission, through the executive director, shall request funds for the administration of this part, and the General Assembly shall appropriate such funds as deemed adequate and necessary. History. Code 1981, § 20-3-250.20 , enacted by Ga. L. 1990, p. 1166, § 3.
§ 20-3-250.21. Fines for Violations
Any person, group, or entity or any owner, officer, or employee thereof who shall willfully violate Code Section 20-3-250.7 or 20-3-250.8 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17 shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each […]
§ 20-3-250.23. Validity of Certificates of Authorization Previously Issued
All certificates of authorization previously issued under either Article 3 of this chapter, the “Postsecondary Educational Authorization Act of 1978,” or Article 4 of Chapter 4 of this title, the “Georgia Proprietary School Act,” as such articles and provisions existed immediately prior to July 1, 1991, shall remain valid until their expiration date or until […]
§ 20-3-250.24. Compensation and Benefits of Commission Employees
All employees of the commission shall be subject to and covered by Article 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and […]
§ 20-3-250.25. Transfer of Records, Files, and Accounts From State Board of Education to Commission
All records, files, accounts, and related items utilized in the administration of the “Georgia Proprietary School Act,” or the “Postsecondary Educational Authorization Act of 1978,” are transferred from the State Board of Education to the commission and executive director. History. Code 1981, § 20-3-250.25 , enacted by Ga. L. 1990, p. 1166, § 3.
§ 20-3-250.26. No Limitation by This Part on Professional Licensing Board’s Authority
Nothing in this part shall be construed to limit a professional licensing board’s authority, as granted by Title 43, to regulate and govern the curriculum, course requirements, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions. History. Code 1981, § 20-3-250.26 , enacted by Ga. L. 1990, p. 1166, § 3; Ga. L. […]
§ 20-3-250.27. Tuition Guaranty Trust Fund
It is the purpose of this Code section to create a trust fund from participation fees from postsecondary educational institutions to enable such institutions, collectively, to protect students against financial loss when a postsecondary educational institution closes without reimbursing its students and without completing its educational obligations to its students and to provide consumer information, […]
§ 20-3-250.3. Educational Institutions Exempted From Application of Part
The following education and postsecondary educational institutions shall be exempted from this part except as expressly provided to the contrary and upon qualification with the commission pursuant to subsection (e) of this Code section: Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade regardless of the age of the […]