The strict legal rules of evidence shall not apply, but the decision shall be supported by substantial evidence in the record.
Opportunity shall be afforded to the party to respond and present evidence and argument on the issues involved in the hearing including the right of cross-examination. In a hearing, the school or such party shall be accorded the right to have its representative appear in person or by or with counsel or other representative. Disposition may be made in any hearing by stipulation, agreed settlement, consent order, default or other informal method.
The commission shall designate an impartial hearing officer to conduct the hearing, who shall be empowered to:
Administer oaths and affirmations; and
Regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents; and
Direct the school or such party to appear and confer to consider the simplification of the issues by consent; and
Grant a request for an adjournment of the hearing only upon good cause shown.
Notwithstanding the provisions of paragraph (a) of this subsection, a hearing officer may recommend and the commission may impose a civil penalty not to exceed Twenty-five Thousand Dollars ($25,000.00) for any of the following violations: (i) operation of a school without a registration in violation of this chapter; (ii) operation of a school knowing that the school's registration has been suspended or revoked; (iii) use of false, misleading, deceptive or fraudulent advertising; (iv) employment of recruiters on the basis of a commission, bonus or quota, except as authorized by the commission; (v) directing or authorizing recruiters to offer guarantees of jobs upon completion of a course; (vi) failure to make a tuition refund when such failure is part of a pattern of misconduct; or (vii) violation of any other provision of this chapter, or any rule or regulation promulgated pursuant thereto, when such violation constitutes part of a pattern of misconduct which significantly impairs the educational quality of the program or programs being offered by the school. For each enumerated offense, a second or further violation committed within the previous five (5) years shall be subject to a civil penalty not to exceed Fifty Thousand Dollars ($50,000.00) for each such violation.
In addition to the penalties authorized in paragraphs (a) and (b) of this subsection, a hearing officer may recommend and the commission may impose any of the following administrative sanctions: (i) a cease and desist order; (ii) a mandatory direction; (iii) a suspension or revocation of a certificate of registration; (iv) a probation order; or (v) an order of restitution.
The commission may suspend a registration upon the failure of a school to pay any fee, fine or penalty as required by this chapter unless such failure is determined by the commission to be for good cause.
All civil penalties, fines and settlements received shall accrue to the credit of the Commission on Proprietary School and College Registration.
Structure Mississippi Code
Title 75 - Regulation of Trade, Commerce and Investments
Chapter 60 - Proprietary Schools and Colleges
§ 75-60-5. Exemption of certain courses and institutions
§ 75-60-7. Disposition of receipts
§ 75-60-9. Certificate of registration required
§ 75-60-13. Issuance of certificate of registration under federal law in certain cases
§ 75-60-17. Surety bond or deposit for certificate of registration
§ 75-60-18. Tuition and fee refund policies
§ 75-60-21. Injunctive relief against unregistered activity
§ 75-60-23. Agent permit required
§ 75-60-25. Issuance of agent permit
§ 75-60-29. Surety bond for agent permit
§ 75-60-31. Good moral character prerequisite to issuance of agent permit
§ 75-60-33. Revocation of agent permit
§ 75-60-37. Agent permit not to constitute approval of any program of instruction
§ 75-60-41. When certificate and permit provisions shall take effect