9 Miss. Code R. § 7-3-3.20

Current through October 10, 2024
Section 9-7-3-3.20 - COMPLAINTS AGAINST A REGISTERED INSTITUTION
A. The Commission on Proprietary School and College Registration may suspend, revoke or cancel a Certificate of Registration for any one (1) or any combination of the following causes:
i. Violation of any provision of Mississippi Proprietary School Law (Title 75 Chapter 60, Mississippi Code of 1972, as amended), or any regulation made by the commission
ii. The furnishing of false, misleading or incomplete information requested by the commission;
iii. The signing of an application or the holding of a Certificate of Registration by a person who has pleaded guilty or has been found guilty of a felony or any other indictable offense;
iv. The signing of an application or the holding of a Certificate of Registration by a person who is addicted to the use of any narcotic drug, or who is found to be mentally incompetent;
v. Violation of any commitment made in an application for a Certificate of Registration;
vi. Presentation to prospective students of misleading, false or fraudulent information relating to a course of instruction, employment opportunity, or opportunities for enrollment in accredited institutions of higher education after entering or completing courses offered by the holder of a Certificate of Registration;
vii. Failure to provide or maintain premises or equipment for offering courses of instruction in a safe and sanitary condition;
viii. Refusal by an agent to display his/her Agent Permit upon demand of a prospective student or other interested person;
ix. Failure to maintain financial resources adequate for the satisfactory conduct of courses of study as presented in the plan of operation or to retain a sufficient number and qualified staff of instruction;
x. Offering training or courses of instruction other than those presented in the application; however, institutions may offer special courses adapted to the needs of individual students where the special courses are in the subject field specified in the application;
xi. Accepting the services of an agent not licensed in accordance with Mississippi Proprietary School and College Law (Sections 75-60-23 through 75-60-37, inclusive of the Mississippi Code of 1972, as amended);
xii. Conviction or a plea of nolo contendere on the part of any owner, operator or director of a registered institution of any felony under Mississippi law or the law of another jurisdiction;
xiii. Continued employment of an instructor who has been convicted of, or entered a plea of nolo contendere to, any felony under Mississippi law or the law of another jurisdiction;
xiv. Incompetence of any owner or operator to operate a school or college.
B. Complaints must be submitted in writing to the commission by a person with standing.
C. The commission must receive all complaints within two (2) years of the alleged violation.
D. The commission will maintain a record of all written complaints received.
E. The commission will notify the complainant that the complaint has been received and will request further information if necessary.
F. The commission will notify the Chief Operating Officer of the Institution that a complaint has been made and, where appropriate, the nature of the complaint. An informal conference with an institution representative may be scheduled at this time. The commission may request a written response to the issues in the complaint.
G. If the complaint is resolved as a result of the informal conference, the commission will maintain written documentation of the resolution. The complainant, the agent, and the employing institution will be notified of the resolution agreement.
H. If the complaint is not resolved through the informal process, the commission may schedule a hearing in accordance with the procedure in section 3.21 of this document.
I. The commission will issue a written finding within ninety (90) days of receipt of the complaint. This finding will be sent to the complainant, and the Institution's Chief Operating Officer, and will be placed in the institution's file at the commission office.
J. If the commission determines that the complaint does not fall under the provisions of Section 75-60-19 of the Mississippi Code of 1972, as amended, the commission will attempt to refer the complainant to an appropriate agency of oversight body.
K. The commission may initiate an investigation without registration of a complaint.
L. The presences of an arbitration clause in the student's enrollment contract, does not negate the student's right to file a complaint with the commission.

9 Miss. Code. R. § 7-3-3.20

Amended 4/6/2017
Amended 4/27/2018
Amended 6/24/2018
Amended 2/4/2021
Amended 3/24/2023
Amended 10/4/2024