Section 071-147-6 - Standards for Initial LicenseA. School Name The private business, vocational, and technical school shall not use the words "Maine" or "State of Maine" or any title or name commonly accepted as descriptive of collegiate or university institutions.
B. Personnel 1. Each school shall be supervised by an administrative employee or officer of the school. If the school is a branch of a school that has its principal location outside of Maine, there shall be an agent, director or solicitor whose designation, responsibilities, and extent of authority shall be clearly stated in the application for a license.2. Instructor qualifications will depend upon the kind of instruction offered. This item will be considered on an individual basis for each school. However, all instructors shall meet one of the following two requirements as applicable: a. an instructor shall hold all licenses, certificates and ratings which shall be necessary for the instructor to instruct in the field in which he/she is employed;b. an instructor shall have completed an extensive training program or have adequate experience commensurate with the area in which he/she offers instruction.C. Enrollment Requirement and Agreement 1. Prior to enrollment, the school shall furnish to each student a copy of the school bulletins and course outlines, schedule of tuition, fees, and other charges, refund policy, enrollment contract, and regulations pertaining to absences, grading policies, and rules of operation and conduct.2. The school shall use an enrollment agreement (student contract) which shall contain: a. pertinent information on the name and length of the course or program of instruction, the tuition and other costs, and the methods of payment;b. the beginning and approximate completion date of the program;c. a statement of the registration fee and the refund policy in the event a student does not start the course or discontinues prior to completion.D. Tuition, Fees, and Other Charges 1. Tuition, fees, and all other charges shall be stated in the school's application for license and in the school bulletin, enrollment agreement, or application for enrollment.2. Students shall not be held liable for any tuition, fees, or other charges not previously identified in the application or school catalog and submitted to the Commissioner.3. The registration fee shall not exceed 15 percent of the total tuition for the course or program of instruction or $150 whichever is the lesser amount.E. Refund Policy 1. Each school shall establish and include with the license application a policy for the refund of the unused portion of tuition, fees, and other charges in the event the student fails to enter the course or withdraws, or is terminated therefrom at any time prior to completion.,2. In the case of a student who requests cancellation and/or refund within three (3) business days after signing of the contract, the school shall cancel the application and refund in full all monies paid to the school by the student.3. In the case of a student whose enrollment application is rejected by the school, the school shall refund in full all monies paid to the school by the student. However, the school may retain a portion of the application fee not to exceed twenty five ($25) dollars.4. In cases of termination or withdrawal after classes commence, the school may retain the registration fee (not to exceed $150) and other charges as specified in the refund policy.5. If a student has paid any tuition, fees, or other charges for enrollment periods or programs which extend beyond one school year, 12 calendar months, then any payments which do not apply to the school year when the student withdraws or terminates shall be refunded in full to the student.6. Refunds shall be made within thirty days after the effective date of withdrawal or termination.F. School Records 1. The school shall make available the records and necessary data required for a license for evaluation by the Commissioner.2. The school shall make available the individual student records to the student who requests to review his/her academic/attendance records.3. The school shall retain all student academic/attendance records for at least seven (7) years. These records shall be available at all times to the Commissioner.4. Any school located within Maine that ceases to operate shall forward the student academic/attendance records to the Commissioner.G. Advertising 1. All advertising shall be based upon fact and be devoid of any statement which misleads or tends to mislead the public.2. All advertising and promotional literature used by a school must clearly indicate that training or education, and not employment, is being offered.3. Schools using classified columns of newspapers or other publications to solicit students must use only such columns as are headed by "Education," "Schools," "Instruction," or a similarly titled classification.4. Statements, direct or implied, assuring or guaranteeing jobs or memberships in unions or other organizations as a result of completing a course or program of instruction shall not be used.5. Schools shall not publish in their bulletins or other promotional literature, instructional material not included in their application for a license.6. Any advertising of the price of tuition must state the exact name of the course immediately followed by the number of instructional hours of the course. When the cost of tuition is advertised, the cost of tools, supplies, and all other charges shall be included in the advertising.7. Illustrations in bulletins, circulars, or advertisements shall relate solely to the school being advertised. In the case of a school that operates two or more separate facilities, all illustrations shall clearly indicate which facility is shown.8. No statement or representation shall be made that students will be guaranteed employment while enrolled in the school or that employment will be guaranteed for students after graduation, nor shall any school or representative falsely represent opportunities for employment upon completion of any course of study.9. Schools wishing to include in advertising that they are licensed by the State shall be limited to the use of the words "Licensed by the State of Maine Department of Education."05- 071 C.M.R. ch. 147, § 6