Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be authorized.
Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be
authorized. (a) No certificate to operate a private occupational school shall be authorized by the commissioner, or the commissioner's designee, if (1) any principal, officer,
member or director of the applicant school has acted in a similar capacity for a private
occupational school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid
assets or other evidence of fiscal soundness to operate for the period of time for which
authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or
unfair; (4) the applicant school has any policy which discourages or prohibits the filing
of inquiries or complaints regarding the school's operation with the commissioner; (5)
the applicant school fails to satisfactorily meet the criteria set forth in subsection (f) of
section 10a-22b; or (6) a private occupational school that has previously closed fails to
follow the procedures for school closure under section 10a-22m.
(b) The commissioner may deny a certificate of authorization if the person who
owns or intends to operate a private occupational school has been convicted in this state,
or any other state, of larceny in violation of section 53a-122 or 53a-123; identity theft
in violation of section 53a-129b or 53a-129c; forgery in violation of section 53a-138
or 53a-139; or has a criminal record in this state, or any other state, that the commissioner
reasonably believes renders the person unsuitable to own and operate a private occupational school. A refusal of a certificate of authorization under this subsection shall be
made in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
(c) No certificate to operate a private occupational school shall be issued by the
commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner certificates indicating that the buildings
and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement
officer within the municipality in which such school is located.
(d) No certificate to operate a new private occupational school shall be issued by
the commissioner pursuant to section 10a-22d until such private occupational school
seeking authorization files with the commissioner an irrevocable letter of credit in the
penal amount of twenty thousand dollars guaranteeing the payments required of the
school to the private occupational school student protection account in accordance with
the provisions of section 10a-22u. The letter of credit shall be payable to the private
occupational school student protection account in the event that such school fails to
make payments to the account as provided in subsection (a) of section 10a-22u or in
the event the state takes action to reimburse the account for a tuition refund paid to a
student pursuant to the provisions of section 10a-22v, provided the amount of the letter
of credit to be paid into the private occupational school student protection account shall
not exceed the amounts owed to the account. The letter of credit required by this subsection shall be released eight years after the date of initial approval, provided evidence of
fiscal soundness has been verified.
(e) The commissioner shall notify the applicant private occupational school, by
certified mail, return receipt requested of the decision to grant or deny a certificate of
authorization not later than sixty days after receiving the written report of the evaluation
team appointed pursuant to subsection (e) of section 10a-22b.
(P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294, S. 3, 17; P.A. 05-60, S. 1; P.A.
06-150, S. 3.)
History: P.A. 83-194 added Subsec. (c) requiring new private occupational schools to file an irrevocable letter of credit
in the penal amount of $10,000 (Revisor's note: The name "Default Assurance Fund" was changed editorially by the
Revisors to "Private Occupational School Student Protection Fund" by authority of P.A. 83-150); P.A. 83-501 amended
Subsec. (a) adding provision that authorization to operate will be withheld if school has any policy which discourages or
prohibits the filing of inquiries or complaints regarding the school's operation; P.A. 93-294 made changes necessitated by
the transfer of authority for the authorization of the schools from the department of education to the department of higher
education and amended Subsec. (c) to change the provision for the excusing of the letter of credit based on five years from
the date of the letter of credit to five years from the date of initial approval and to remove obsolete language, effective July
1, 1993; Sec. 10-7c transferred to Sec. 10a-22c in 1995; (Revisor's note: In 1997 references in Subsec. (c) to the "Private
Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school
protection account" to conform section with Sec. 10a-22u); P.A. 05-60 amended Subsec. (c) to raise penal amount from
$10,000 to $20,000 and to increase the dollar amount and time period required to excuse the letter of credit from $10,000
to $20,000 and from five to eight years, respectively, effective July 1, 2005; P.A. 06-150 amended Subsec. (a) to include
"member" in Subdiv. (1) and to add Subdivs. (5) and (6) re criteria for denial of certificate of authorization, added new
Subsec. (b) re criteria for denial of certificate of authority based on criminal record, redesignated existing Subsec. (b) as
Subsec. (c), redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to eliminate provision re release of
letter of credit upon payment by school of $20,000 into private occupational school student protection account and to
require verification of evidence of fiscal soundness prior to release, added Subsec. (e) re notification of decision to grant
or deny certificate of authority and made conforming and technical changes throughout section.