173.606. Application for certification, contents--investigation of applicant--certificates nontransferable--temporary certificate--right of appeal if certificate denied.

Application for certification, contents--investigation ofapplicant--certificates nontransferable--temporarycertificate--right of appeal if certificate denied.

173.606. 1. Annually, each proprietary school desiring tooperate in this state shall make written application to the boardon forms furnished by the board. Such application shall includethe identification of all locations operated by a proprietaryschool and shall identify a single location as a principalfacility for the purpose of record keeping and administration.Any location at which education is offered by a franchisee of afranchisor approved to operate as a proprietary school shall bedeemed a location within the scope of such franchisor's approvalif such franchisor establishes the course curriculum andguidelines for teaching at such location.

2. The department of higher education shall review theapplication and may conduct an investigation of the applicant toensure compliance with the rules and regulations.

3. A certificate of approval is nontransferable. A changein the sole proprietor of a school, a change in the majorityinterest of general partners of a partnership owning a school, ora change in majority of stock ownership of a school shall for thepurpose of sections 173.600 to 173.618 be deemed a transfer ofownership. Within thirty days of a transfer of ownership the newowner shall make written application to the board for a newcertificate of approval. This application shall be processedlike an initial application, except that the board may issue atemporary certificate of approval if the chief administrator ofthe school furnishes a written statement asserting that all ofthe conditions set forth in the rules and regulations are beingmet or will be met before offering training or education. Atemporary certificate shall be effective for a maximum of sixtydays.

4. Any school denied exemption or a certificate of approvaland any approved school whose certificate is revoked or suspendedmay appeal to the administrative hearing commission.

(L. 1983 H.B. 560 § 8, A.L. 1991 H.B. 51, et al.)