State Codes and Statutes

Statutes > Illinois > Chapter225 > 1351 > 022504100HArt_IIA

(225 ILCS 410/Art. IIA heading)ARTICLE IIA. BARBER SCHOOLS

    (225 ILCS 410/2A‑1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑1. Application. The provisions of this Article IIA are applicable only to barber schools regulated under this Act.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/2A‑2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑2. Investigations by Department; opportunity for corrections.

(a) The Department may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal or revocation under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license.

(b) Any student or employee of a barber school licensed under this Act who believes he has been aggrieved by a violation of this Act shall have the right to file a written complaint within one year of the alleged violation. The Department shall acknowledge receipt of each written complaint, commence an investigation of the alleged violation, and if appropriate forward a copy of the complaint to the Attorney General and the appropriate State's Attorney's office. The Department shall forward a copy of the formal complaint and order to the person who filed the complaint and to the chief operating officer of the school cited in the complaint.

However, before proceeding to a hearing on the question of whether a license shall be refused or revoked the Department may issue a letter granting the barber school in question 30 days to correct the deficiency or deficiencies. The letter shall enumerate the deficiencies and state the action on the part of the barber school that will correct the deficiency or deficiencies. During the time designated for correcting deficiencies the Department may order the school to cease and desist from all marketing and student enrollment activities.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/2A‑3)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑3. Violations and unlawful practices.

(a) The following acts or omissions by an owner, operator, or authorized agent of a barber school shall constitute violations of this Act and unlawful practices under the Consumer Fraud and Deceptive Business Practices Act:

(1) False or misleading statements,

misrepresentations, or false promises that have the tendency or capacity to influence or induce persons to enroll in the course of instruction offered by the school.

(2) Failure or refusal of the school to make the

disclosures in the enrollment agreement required by this Act; or making false or inaccurate statements in those disclosures.

(3) Failure or refusal of the school to refund fees

and unearned tuition, in accordance with the refund policy prescribed by this Act, to any student who cancels his or her enrollment agreement.

(4) Failure or refusal of the school to employ

course instructors licensed by the Department or to provide the equipment, facilities, or services necessary to implement the course of instruction.

(b) Whenever the Attorney General or a State's Attorney receives a complaint against a school that alleges one or more of the violations enumerated in subsection (a), the Attorney General or State's Attorney may conduct an investigation to determine the validity of the complaint and, if a violation is found, may use any or all of the remedies, penalties, or authority granted by the Consumer Fraud and Deceptive Business Practices Act to correct the violation and enforce the provisions of this Act. Within 10 business days of receipt, the Department shall transmit to the Attorney General and the appropriate State's Attorney copies of complaints filed in its office that allege one or more of the violations enumerated in subsection (a).

(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/2A‑4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑4. Offenses.

(a) Except as provided in subsection (b), any owner, operator, or authorized agent of a school who violates any provision of this Act shall be guilty of a business offense.

(b) Any owner, operator, or authorized agent of a school who commits any of the following offenses shall be guilty of a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense:

(1) Knowingly, and for the purpose of influencing or

inducing a person to enroll in the course of instruction offered by the school, making any false or misleading statements, misrepresentations, or false promises to a person regarding opportunities upon graduation from the school for (i) employment in a business, industry or trade, (ii) admission to an institution of higher learning, or (iii) admission to an occupational licensing examination.

(2) Knowingly, and with intent to defraud, retaining

any unearned tuition or fees paid by a student who has cancelled his or her enrollment agreement and is entitled to a refund under the school's refund policy as prescribed in this Act.

(3) Knowingly, and with intent to defraud,

misrepresenting that any student who has cancelled his or her enrollment agreement is presently enrolled in the school, has completed the course of instruction, or has graduated from the school.

(4) Knowingly using or attempting to use students in

any commercial or manufacturing activity related to the operation of the school and to the school's advantage and profit; except to the extent that the school provides the student with practical experience supplemental to the course of instruction or except in the case of students who are employed by the school and compensated for that employment.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/2A‑5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑5. Injunction.

Upon application of the Department, the Attorney General, or any State's Attorney, the circuit court of a county in which a violation of this Act or the rules adopted under this Act has occurred shall have jurisdiction to enjoin any such violation.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/2A‑6)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑6. Private right of action.

Any person who suffers damages as a result of a violation described or enumerated in this Article committed by any school or its owner, agent or representative may bring an action against the school. The court, in its discretion, may award actual damages, treble actual damages if fraud is proved, injunctive relief, and any other relief that the court deems proper.

The action may be commenced in the county in which the school is located or has its principal place of business, or in the county where the transaction or any substantial portion thereof occurred.

In any action brought by a person under this Section, the court may award, in addition to the relief provided in this Section, reasonable attorney's fees and costs to the prevailing party.

Either party to an action under this Section may request a trial by jury.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/2A‑7)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2A‑7. Requirements for licensure as barber school.

No person, firm, or corporation may own, operate or conduct a school or college of barbering for the purpose of teaching barbering for compensation without filing an application with the Department on forms provided by the Department, paying the required fees, and complying with the following requirements:

1. The applicant must submit to the Department for

approval:

a. A floor plan, drawn to a scale specified on

the floor plan, showing every detail of the proposed school; and

b. A lease commitment or proof of ownership for

the location of the proposed school; a lease commitment must provide for execution of the lease upon the Department's approval of the school's application and the lease must be for a period of at least one year.

c. (Blank).
2. An application to own or operate a school shall

include the following:

a. If the owner is a corporation, a copy of the

Articles of Incorporation;

b. If the owner is a partnership, a listing of

all partners and their current addresses;

c. If the applicant is an owner, a completed

financial statement showing the owner's ability to operate the school for at least 3 months;

d. A copy of the official enrollment agreement or

student contract to be used by the school, which shall be consistent with the requirements of this Act;

e. A listing of all teachers who will be in the

school's employ, including their teacher license numbers;

f. A copy of the curricula that will be followed;
g. The names, addresses, and current status of

all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any governmental body or accrediting agency;

h. Each application for a certificate of approval

shall be signed and certified under oath by the school's chief managing employee and also by its individual owner or owners; if the applicant is a partnership or a corporation, then the application shall be signed and certified under oath by the school's chief managing employee and also by each member of the partnership or each officer of the corporation, as the case may be;

            i. A copy of the school's official transcript; and
            j. The required fee.
        3. Each application for a license to operate a

school shall also contain the following commitments:

a. To conduct the school in accordance with this

Act and the standards and rules from time to time adopted under this Act and to meet standards and requirements at least as stringent as those required by Part H of the federal Higher Education Act of 1965.

b. To permit the Department to inspect the school

or classes thereof from time to time with or without notice; and to make available to the Department, at any time when required to do so, information including financial information pertaining to the activities of the school required for the administration of this Act and the standards and rules adopted under this Act;

c. To utilize only advertising and solicitation

that is free from misrepresentation, deception, fraud, or other misleading or unfair trade practices;

d. To screen applicants to the school prior to

enrollment pursuant to the requirements of the school's regional or national accrediting agency, if any, and to maintain any and all records of such screening; if the course of instruction is offered in a language other than English, the screening shall also be performed in that language;

e. To post in a conspicuous place a statement,

developed by the Department, of student's rights provided under this Act.

4. The applicant shall establish to the satisfaction

of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months. In the discretion of the Department, additional proof of financial ability may be required.

5. The applicant shall comply with all rules of the

Department determining the necessary curriculum and equipment required for the conduct of the school.

6. The applicant must demonstrate employment of a

sufficient number of qualified teachers who are holders of a current license issued by the Department.

7. A final inspection of the barber school shall be

made by the Department before the school may commence classes.

8. A written inspection report must be made by a

local fire authority or the State Fire Marshal approving the use of the proposed premises as a barber school.

(Source: P.A. 94‑451, eff. 12‑31‑05.)