(2) The refund schedule required by subsection (1) of this section shall be established by the Higher Education Coordinating Commission in consultation with the advisory committee appointed under ORS 345.330. In establishing the refund schedule, the commission shall consider:
(a) The reasonable, obligated and fixed costs of the career school, including but not limited to rent, personnel and nonreturnable supplies.
(b) The method of instruction.
(c) The reasonable value of services performed prior to cancellation of the course or program.
(3) The commission may establish varying refund schedules when the difference in services performed necessitates separate schedules.
(4) Nothing in this section is intended to prevent a career school from requiring an advance deposit of tuition on behalf of the person intending to enroll in a course or program offered by or through the career school. However, the advance deposit shall be limited to 20 percent of the total tuition and fees, excluding federal and state financial aid, unless the commission determines by rule that larger advance deposits are appropriate.
(5) A school shall be considered in default of the enrollment agreement when a course or program is discontinued or canceled or the school closes prior to completion of contracted services. When a school is in default, student tuition may be refunded on a pro rata basis if the commission determines that the school has made provision for students enrolled at the time of default to complete a comparable program at another institution at no additional tuition cost to the student beyond the original contract with the defaulting school. If the school does not make such provision, a total refund of all tuition and fees shall be made to the students. [1965 c.409 §2; 1967 c.67 §16; 1975 c.478 §12; 1989 c.333 §10; 1993 c.742 §78; 1995 c.343 §9; 2012 c.104 §30]
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Section 345.010 - Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997.
Section 345.015 - Application of ORS 345.010 to 345.450.
Section 345.020 - Duty and powers of Higher Education Coordinating Commission; rules.
Section 345.030 - License requirements; fingerprints; transfer of license.
Section 345.040 - Approval of registration of agent required; bonding.
Section 345.080 - Fees; rules.
Section 345.110 - Tuition Protection Fund; rules.
Section 345.113 - Negotiability of contract for student loan.
Section 345.115 - Refund schedule; limit on advance deposit; default; rules.
Section 345.120 - Investigations; notice for corrective action, suspension or revocation.
Section 345.240 - Discrimination prohibited; complaint.
Section 345.320 - Legislative findings and purpose.
Section 345.325 - Minimum standards; rules.
Section 345.330 - Advisory committee.
Section 345.450 - Annual inspection fee.