Effective - 28 Aug 2012
173.612. Coordinating board for higher education to administer law — powers and duties — rules and regulations, suspension and reinstatement. — 1. The board shall, through the department of higher education and workforce development, administer, supervise, and enforce the provisions and policies of sections 173.600 to 173.618 and shall assign the personnel that are necessary to exercise its powers and duties.
2. The rules and regulations adopted by the board under sections 173.600 to 173.618, together with any amendments thereto, shall be filed with the office of the secretary of state. The board may:
(1) Issue proprietary school certificates of approval or temporary certificates of approval to applicants meeting the requirements of sections 173.600 to 173.618;
(2) Suspend or revoke certificates or temporary certificates of approval, or place certified schools on probation;
(3) Require each proprietary school to file a security bond covering the school and its agents to indemnify any student, enrollee or parent, guardian, or sponsor of a student or enrollee who suffers loss or damage because of a violation of sections 173.600 to 173.618 by the school, or because a student is unable to complete the course due to the school's ceasing operation or because a student does not receive a refund to which he is entitled. The bond or other security shall cover all the facilities and locations of a proprietary school and shall not be less than five thousand dollars or ten percent of the preceding year's gross tuition, whichever is greater, but in no case shall it exceed one hundred thousand dollars. The bond shall clearly state that the school and the agents of the school are covered by it. The board may authorize the use of certificates of deposit, letters of credit, or other assets to be posted as security in lieu of this surety bond requirement;
(4) Collect only that data from certified proprietary schools necessary to administer, supervise, and enforce the provisions of sections 173.600 to 173.619. The department shall, subject to appropriations, provide a system to electronically submit all data;
(5) Review proposals for new programs within ninety days from the date that a certified school submits a new program for review, and review proposals for revised programs within sixty days from the date that a certified school submits a revised program for review. If the department fails to review a proposal for a new or revised program within the prescribed time frame, the school shall be permitted to offer the program until the department completes its review and identifies a substantive issue or issues that need correction. In such case the department shall notify the school within an additional ninety days and the school shall then have ninety days from the date it is informed that a program offering has a deficiency to correct the deficiency without having to cease offering the program;
(6) Administer sections 173.600 to 173.618 and initiate action to enforce it.
3. Any school which closes or whose certificate of approval is suspended, revoked, or not renewed shall, on the approval of the coordinating board, make partial or full refund of tuition and fees to the students enrolled, continue operation under a temporary certificate until students enrolled have completed the program for which they were enrolled, make arrangements for another school or schools to complete the instruction for which the students are enrolled, employ a combination of these methods in order to fulfill its obligations to the students, or implement other plans approved by the coordinating board.
4. Any rule or portion of a rule promulgated pursuant to sections 173.600 to 173.618 may be suspended by the joint house-senate committee on administrative rules until such time as the general assembly may by concurrent resolution signed by the governor reinstate such rule.
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(L. 1983 H.B. 560 §§ 3, 5 subsec. 1, 10, 12, A.L. 1991 H.B. 51, et al., A.L. 2012 H.B. 1042)
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 173 - Department of Higher Education and Workforce Development
Section 173.003 - Retirement and severance policies, uniformity requirement.
Section 173.007 - Commissioner of education, appointment by board — compensation — powers — duties.
Section 173.020 - Responsibilities of the coordinating board.
Section 173.030 - Additional responsibilities.
Section 173.035 - Resources, website directing students to — rulemaking authority.
Section 173.040 - Reports to governor and general assembly, contents.
Section 173.050 - Powers of coordinating board.
Section 173.081 - Rules and regulations, promulgation procedure.
Section 173.091 - Senior citizens' tuition exemption, qualifications, limitations, fee.
Section 173.093 - Limitations on awards of financial assistance.
Section 173.095 - Declaration of policy.
Section 173.100 - Definitions.
Section 173.105 - Board and department duties — required federal reports, submitted to whom.
Section 173.125 - Dispute resolution requirements.
Section 173.130 - Funds not currently needed may be invested, how.
Section 173.141 - Authorized actions of the board.
Section 173.150 - Recovery of loans.
Section 173.160 - Standards of eligibility for loans.
Section 173.170 - Standards of eligibility of loan agreements — discrimination prohibited.
Section 173.180 - Filing of regulations.
Section 173.186 - Guarantors of student loans, eligibility requirements.
Section 173.187 - Lender of last resort revolving fund, established, administration.
Section 173.252 - Interest, guaranty student loan fund, use of.
Section 173.258 - Director to deposit funds in kids' chance scholarship fund, when.
Section 173.270 - Foster care or residential care students, waiver of tuition and fees, when.
Section 173.275 - Foreign gifts to institutions — disclosure to department, when, how, contents.
Section 173.300 - Compact adopted.
Section 173.310 - Bylaws to be filed with secretary of state.
Section 173.320 - Selection of legislative members.
Section 173.330 - Commission members' expenses paid.
Section 173.350 - Citation of law.
Section 173.355 - Definitions.
Section 173.375 - Bond requirements for members of authority — filed where.
Section 173.380 - Conflict of interest, procedure to avoid.
Section 173.386 - Assets may not be used for payment of debt.
Section 173.387 - Authority may be originator of guaranteed student loan, conditions.
Section 173.393 - Misuse of moneys by recipient becomes liability, repayment of moneys.
Section 173.395 - Issuance of more than one series of bonds, requirements — refunding authorized.
Section 173.400 - Bonds construed to be negotiable instruments.
Section 173.410 - State or political subdivision not liable, statement on face of bond required.
Section 173.435 - Institutions and fiduciaries may invest in bonds.
Section 173.440 - Tax exemptions, bonds — exception.
Section 173.445 - Authority assigned to department of higher education — reports required.
Section 173.475 - No discrimination in hiring based on lack of a graduate degree, when.
Section 173.480 - Higher education capital fund created, use of moneys.
Section 173.600 - Definitions.
Section 173.602 - Certificate of approval required to offer courses for sale or solicit students.
Section 173.616 - Schools and courses that are exempt from sections 173.600 to 173.618.
Section 173.618 - Unlawful practices — injunction, board action — penalty.
Section 173.619 - Rules, promulgation.
Section 173.680 - Study on most frequent IT certifications requested by employers — report.
Section 173.700 - Midwestern higher education compact.
Section 173.705 - Midwestern higher education commission — members.
Section 173.708 - Membership of commission — terms — vacancies.
Section 173.730 - International student exchanges — matching funds.
Section 173.735 - Institutions of higher education, conflict of interest policy.
Section 173.754 - Unlawful use false or misleading degree, when — violation, penalty.
Section 173.775 - Citation — fund created.
Section 173.778 - Definitions.
Section 173.781 - High demand occupations and areas, board's duties.
Section 173.784 - Limitations on participation.
Section 173.787 - Loan forgiveness, when.
Section 173.790 - Contract for participation, terms and conditions.
Section 173.793 - Not a guarantee of admission, attendance, or graduation.
Section 173.796 - Tax credit for donations to fund — tax credits prohibited, when.
Section 173.1000 - Citation of law.
Section 173.1101 - Citation of law — references to program.
Section 173.1102 - Definitions.
Section 173.1103 - Board to administer program, duties of the board — fund created, use of moneys.
Section 173.1105 - Award amounts, minimums and maximums — adjustment in awards, when.
Section 173.1106 - Other financial assistance to be reported to board.
Section 173.1107 - Transfer of recipient, effect of.
Section 173.1108 - Inapplicability of sunset act.
Section 173.1350 - Grants authorized, amount, eligibility.
Section 173.1352 - Advanced placement exams, undergraduate course credit, when.
Section 173.1400 - Verification issued, when — form, information.
Section 173.2505 - Scholarship eligibility — amount of scholarship, limitation — fund created.