345.545 Evaluationand registration; expiration; renewal; lapse; notice on refusal to registerschool
345.555 Groundsfor suspension, revocation or denial of renewal; procedure
345.565 Reportsto department
(AdvisoryCommittee)
345.575 Advisorycommittee; members; duties
(Miscellaneous)
345.585 Effectof teaching experience in private school or career school
PENALTIES
345.990 Criminalpenalties
345.992 Civilpenalties
345.995 Establishmentof schedule of civil penalties; rules; imposition of such penalties
345.997 Civilpenalty credited to General Fund
CAREERSCHOOLS
(Definitions)
345.010Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997. As used in ORS345.010 to 345.450 and 345.992 to 345.997:
(1) “Agent”means a person employed by or for a career school for the purpose of procuringstudents, enrollees or subscribers by solicitation in any form, made at a placeor places other than the school office or place of business of such school.
(2) “Barbering”has the meaning given that term in ORS 690.005.
(3) “Board”means the State Board of Education.
(4) “Careerschool” or “school” means any private proprietary professional, technical, homestudy, correspondence, business or other school instruction, organization orperson that offers any instruction or training for the purpose or purportedpurpose of instructing, training or preparing persons for any profession.
(5) “Esthetics”has the meaning given in ORS 690.005.
(6) “Hair design”has the meaning given in ORS 690.005.
(7) “License”means the authority the career school has been granted to operate under ORS345.010 to 345.450.
(8) “Nailtechnology” has the meaning given in ORS 690.005.
(9) “Registration”means the approval by the Superintendent of Public Instruction of a teacher oragent to instruct in or to represent the school.
345.015Application of ORS 345.010 to 345.450. ORS 345.010 to 345.450 do not apply to:
(1)Instruction or training solely avocational or recreational in nature or toinstitutions offering such education exclusively.
(2)Instruction or training sponsored or offered by a bona fide trade, business,professional or fraternal organization or by a business solely for theorganization’s membership or the business’s employees.
(3)Instruction or training sponsored, offered or contracted by organizations,institutions or agencies, if the instruction or training is advertised orpromoted to be in the nature of professional self-improvement or personalself-improvement and the instruction or training is not:
(a)Advertised or promoted as leading to or fulfilling the requirements forlicensing, certification, accreditation or education credentials; or
(b)Leading to an occupation, employment or other activity for which a person mayreasonably expect financial compensation.
(4)Courses offered in hospitals that meet standards prescribed by the AmericanMedical Association or national accrediting associations for nursing.
(5)Courses, instruction or training offered for a limited number of hours, asdefined by rule of the State Board of Education.
(6)Schools offering only courses of an advanced training or continuing educationalnature when offered solely to licensed practitioners and people previouslyqualified or employed in the profession for which a course is being offered.
(7)Schools that the Superintendent of Public Instruction determines are adequatelyregulated by other means that guarantee the school meets the standards of ORS345.325.
(8)Schools offering only review instruction to prepare a student to take anexamination to enter a profession, where the student has completed priortraining related to the profession.
(9)Schools described in ORS 348.597 and, except as provided in ORS 345.017,schools approved by the Oregon Student Assistance Commission to confer or offerto confer academic degrees under ORS 348.606.
(10)Any parochial or denominational institution providing instruction or trainingrelating solely to religion and that does not grant degrees. [Amended by 1961c.268 §2; 1965 c.529 §13; 1975 c.478 §3; 1979 c.148 §1; 1979 c.387 §2; 1989c.333 §2; 1993 c.45 §261; 1995 c.343 §2; 1997 c.652 §32; 2005 c.546 §7; 2009c.340 §3]
345.017Application of ORS 345.010 to 345.450 to school that confers academic degrees;student eligibility for moneys from Tuition Protection Fund. When a schoolthat is licensed under ORS 345.010 to 345.450 is approved by the Oregon StudentAssistance Commission through the Office of Degree Authorization to confer oroffer to confer an academic degree under ORS 348.606 and the school continuesto offer a course or program that does not lead to an academic degree:
(1)The school must continue to be licensed as a career school and meet therequirements of ORS 345.010 to 345.450 until:
(a)All courses or programs offered by the school are approved by the commission;and
(b)All students who were first enrolled in the school when the school was licensedas a career school have:
(A)Completed the course or program for which the student contracted with thecareer school; or
(B)Terminated enrollment in the career school for any reason.
(2)A student who is enrolled in a course or program for which a school must belicensed under ORS 345.010 to 345.450 is eligible for moneys from the TuitionProtection Fund established under ORS 345.110 if the student:
(a)Qualifies for moneys under rules adopted by the State Board of Education underORS 345.110; and
(b)Was first admitted to the school when the school was licensed as a careerschool under ORS 345.010 to 345.450.
(3)When a course or program that did not lead to an academic degree is approved bythe commission to lead to an academic degree, the regulatory authority for thatcourse or program transfers to the commission upon the approval. [2009 c.340 §2]
345.020Duty and powers of Superintendent of Public Instruction; interest in careerschools prohibited.(1) The Superintendent of Public Instruction shall administer ORS 345.010 to345.450 and 345.992 to 345.997 and shall enforce all laws and rules relating tothe licensing of career schools and agents.
(2)The superintendent may establish procedures whereby schools become eligible toparticipate in federal student assistance programs if approved by the UnitedStates Department of Education.
(3)The superintendent and the employees of the Department of Education shall nothave financial interests in any career school and shall not act as agents oremployees thereof. [Amended by 1955 c.527 §1; 1961 c.268 §3; 1975 c.478 §4;1989 c.333 §3; 1995 c.343 §3]
345.030License requirements; considerations; fingerprints; transfer of license. (1) A personmay not open, conduct or do business as a career school in this state withoutobtaining a license under ORS 345.010 to 345.450.
(2)Except as provided in subsection (8) of this section, the Superintendent ofPublic Instruction may issue a license to conduct a career school only afterthe applicant has presented proof satisfactory to the superintendent or therepresentative of the superintendent that the applicant complies withapplicable standards adopted under ORS 345.325 and 670.280. For the purpose ofthis subsection, ORS 670.280 applies to individuals who hold positions ofauthority or control in the operation of the school and to its faculty membersand agents.
(3)A career school licensed in any other state must be licensed in this statebefore establishing a physical presence in this state such as offices oragents, or both, for the purpose of solicitation of students.
(4)In determining whether to issue a license to a career school, the superintendentmay consider the prior history of the applicant in operating other careerschools. The prior history of operating other career schools includes, but isnot limited to:
(a)Conduct by the applicant that is cause for probation of a licensee or for suspensionor revocation of a license as provided in ORS 345.120 (2);
(b)Failure to comply with ORS 345.010 to 345.450 or rules adopted under ORS345.010 to 345.450; and
(c)The history of the applicant in operating career schools in other states.
(5)The superintendent may not issue a license to or renew the license of a careerschool until the applicant provides all of the following to the superintendent:
(a)A financial statement, certified true and accurate and signed by the owner ofthe school;
(b)Proof of compliance with the tuition protection policy established by the StateBoard of Education pursuant to ORS 345.110; and
(c)Fingerprints of individuals as described in subsection (6) of this section.
(6)(a)Except as provided in paragraph (c) of this subsection, an applicant for aninitial issuance of a license or a renewal of a license must provide to thesuperintendent the fingerprints of faculty members and agents of the school andindividuals who hold positions of authority or control in the operation of theschool if the career school will be enrolling or does enroll persons under 18years of age.
(b)In addition to requirements provided under paragraph (a) of this subsection,the superintendent may require a career school to provide the fingerprints ofany agents of the school who will have contact with persons under 18 years ofage on behalf of the career school.
(c)An applicant is not required to provide fingerprints under paragraph (a) or (b)of this subsection if the Department of Education has conducted a state ornationwide criminal records check on the person within the three yearspreceding the date of the application.
(d)Fingerprints acquired under this subsection may be used only for the purpose ofrequesting a state or nationwide criminal records check under ORS 181.534.
(7)Notwithstanding ORS 345.325 (10), the superintendent may place a school onprobation or deny, suspend or revoke a license if the superintendent finds thatan individual who holds a position of authority or control in the operation ofthe school was convicted of a crime listed in ORS 342.143.
(8)The superintendent may issue a conditional license to a career school thatmeets the requirements of subsection (5) of this section but that does notcomply with the applicable standards adopted by rule under ORS 345.325. Aconditional license issued under this subsection is effective for a periodprescribed by the department, which may not exceed 90 days.
(9)(a)Except as provided in paragraph (b) of this subsection, a career school licenseis nontransferable. The licensee must give 30 days of notice to the Departmentof Education when transferring ownership of a career school.
(b)The department may transfer a career school license or allow the ownership of acareer school to transfer with less than 30 days of notice if:
(A)The owner of the school dies, is incapacitated or is incarcerated; or
(B)Other circumstances render the owner unable to operate the career school.
(10)Each career school shall display its license in a prominent place. [Amended by1961 c.268 §4; paragraph (b) of subsection (2) and subsection (3) formerly345.050; 1975 c.478 §5; 1989 c.333 §4; 1993 c.45 §262; 1995 c.343 §4; 2009c.340 §4]
345.040Approval of registration of agent required; bonding. (1) No personshall act in this state as an agent for a career school domiciled within oroutside this state, unless the Superintendent of Public Instruction hasapproved the agent’s registration as a part of the school’s license under ORS345.010 to 345.450. No person shall act as an agent for a career school unlessand until the career school has obtained a license.
(2)For the purposes of licensing and student protection, persons acting as agentsfor a career school domiciled within or outside this state are employees of theschool and shall be included under the school’s bonding or student protectionpolicy, or both. Agents shall perform their duties and conduct their businessin accordance with ORS 345.010 to 345.450.
(3)An agent shall be a person who has attained the age of 18 years, is of goodmoral character and is otherwise competent and qualified to safeguard andprotect the interests of the public. [Amended by 1961 c.268 §5; 1973 c.827 §34;1975 c.478 §6; 1979 c.744 §16; 1981 c.527 §1; 1989 c.333 §5; 1995 c.343 §5]
345.050 [Amended by1961 c.268 §6; renumbered as part of 345.030]
345.060Appointment of superintendent as agent for service of process; service ofprocess.(1) Every agent for a career school not domiciled in this state shall be heldto have appointed the Superintendent of Public Instruction as agent to acceptservice of all summonses, pleadings, writs and processes in all actions orproceedings brought against the applicant in this state. Service upon thesuperintendent shall be taken and held in all courts to be as valid and bindingas if personal service thereof had been made upon the applicant within thisstate.
(2)When any summons, pleading, writ or process is served on the superintendent,service shall be by duplicate copies. One of the duplicates shall be filed inthe office of the superintendent and the other
345.545 Evaluationand registration; expiration; renewal; lapse; notice on refusal to registerschool
345.555 Groundsfor suspension, revocation or denial of renewal; procedure
345.565 Reportsto department
(AdvisoryCommittee)
345.575 Advisorycommittee; members; duties
(Miscellaneous)
345.585 Effectof teaching experience in private school or career school
PENALTIES
345.990 Criminalpenalties
345.992 Civilpenalties
345.995 Establishmentof schedule of civil penalties; rules; imposition of such penalties
345.997 Civilpenalty credited to General Fund
CAREERSCHOOLS
(Definitions)
345.010Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997. As used in ORS345.010 to 345.450 and 345.992 to 345.997:
(1) “Agent”means a person employed by or for a career school for the purpose of procuringstudents, enrollees or subscribers by solicitation in any form, made at a placeor places other than the school office or place of business of such school.
(2) “Barbering”has the meaning given that term in ORS 690.005.
(3) “Board”means the State Board of Education.
(4) “Careerschool” or “school” means any private proprietary professional, technical, homestudy, correspondence, business or other school instruction, organization orperson that offers any instruction or training for the purpose or purportedpurpose of instructing, training or preparing persons for any profession.
(5) “Esthetics”has the meaning given in ORS 690.005.
(6) “Hair design”has the meaning given in ORS 690.005.
(7) “License”means the authority the career school has been granted to operate under ORS345.010 to 345.450.
(8) “Nailtechnology” has the meaning given in ORS 690.005.
(9) “Registration”means the approval by the Superintendent of Public Instruction of a teacher oragent to instruct in or to represent the school.
345.015Application of ORS 345.010 to 345.450. ORS 345.010 to 345.450 do not apply to:
(1)Instruction or training solely avocational or recreational in nature or toinstitutions offering such education exclusively.
(2)Instruction or training sponsored or offered by a bona fide trade, business,professional or fraternal organization or by a business solely for theorganization’s membership or the business’s employees.
(3)Instruction or training sponsored, offered or contracted by organizations,institutions or agencies, if the instruction or training is advertised orpromoted to be in the nature of professional self-improvement or personalself-improvement and the instruction or training is not:
(a)Advertised or promoted as leading to or fulfilling the requirements forlicensing, certification, accreditation or education credentials; or
(b)Leading to an occupation, employment or other activity for which a person mayreasonably expect financial compensation.
(4)Courses offered in hospitals that meet standards prescribed by the AmericanMedical Association or national accrediting associations for nursing.
(5)Courses, instruction or training offered for a limited number of hours, asdefined by rule of the State Board of Education.
(6)Schools offering only courses of an advanced training or continuing educationalnature when offered solely to licensed practitioners and people previouslyqualified or employed in the profession for which a course is being offered.
(7)Schools that the Superintendent of Public Instruction determines are adequatelyregulated by other means that guarantee the school meets the standards of ORS345.325.
(8)Schools offering only review instruction to prepare a student to take anexamination to enter a profession, where the student has completed priortraining related to the profession.
(9)Schools described in ORS 348.597 and, except as provided in ORS 345.017,schools approved by the Oregon Student Assistance Commission to confer or offerto confer academic degrees under ORS 348.606.
(10)Any parochial or denominational institution providing instruction or trainingrelating solely to religion and that does not grant degrees. [Amended by 1961c.268 §2; 1965 c.529 §13; 1975 c.478 §3; 1979 c.148 §1; 1979 c.387 §2; 1989c.333 §2; 1993 c.45 §261; 1995 c.343 §2; 1997 c.652 §32; 2005 c.546 §7; 2009c.340 §3]
345.017Application of ORS 345.010 to 345.450 to school that confers academic degrees;student eligibility for moneys from Tuition Protection Fund. When a schoolthat is licensed under ORS 345.010 to 345.450 is approved by the Oregon StudentAssistance Commission through the Office of Degree Authorization to confer oroffer to confer an academic degree under ORS 348.606 and the school continuesto offer a course or program that does not lead to an academic degree:
(1)The school must continue to be licensed as a career school and meet therequirements of ORS 345.010 to 345.450 until:
(a)All courses or programs offered by the school are approved by the commission;and
(b)All students who were first enrolled in the school when the school was licensedas a career school have:
(A)Completed the course or program for which the student contracted with thecareer school; or
(B)Terminated enrollment in the career school for any reason.
(2)A student who is enrolled in a course or program for which a school must belicensed under ORS 345.010 to 345.450 is eligible for moneys from the TuitionProtection Fund established under ORS 345.110 if the student:
(a)Qualifies for moneys under rules adopted by the State Board of Education underORS 345.110; and
(b)Was first admitted to the school when the school was licensed as a careerschool under ORS 345.010 to 345.450.
(3)When a course or program that did not lead to an academic degree is approved bythe commission to lead to an academic degree, the regulatory authority for thatcourse or program transfers to the commission upon the approval. [2009 c.340 §2]
345.020Duty and powers of Superintendent of Public Instruction; interest in careerschools prohibited.(1) The Superintendent of Public Instruction shall administer ORS 345.010 to345.450 and 345.992 to 345.997 and shall enforce all laws and rules relating tothe licensing of career schools and agents.
(2)The superintendent may establish procedures whereby schools become eligible toparticipate in federal student assistance programs if approved by the UnitedStates Department of Education.
(3)The superintendent and the employees of the Department of Education shall nothave financial interests in any career school and shall not act as agents oremployees thereof. [Amended by 1955 c.527 §1; 1961 c.268 §3; 1975 c.478 §4;1989 c.333 §3; 1995 c.343 §3]
345.030License requirements; considerations; fingerprints; transfer of license. (1) A personmay not open, conduct or do business as a career school in this state withoutobtaining a license under ORS 345.010 to 345.450.
(2)Except as provided in subsection (8) of this section, the Superintendent ofPublic Instruction may issue a license to conduct a career school only afterthe applicant has presented proof satisfactory to the superintendent or therepresentative of the superintendent that the applicant complies withapplicable standards adopted under ORS 345.325 and 670.280. For the purpose ofthis subsection, ORS 670.280 applies to individuals who hold positions ofauthority or control in the operation of the school and to its faculty membersand agents.
(3)A career school licensed in any other state must be licensed in this statebefore establishing a physical presence in this state such as offices oragents, or both, for the purpose of solicitation of students.
(4)In determining whether to issue a license to a career school, the superintendentmay consider the prior history of the applicant in operating other careerschools. The prior history of operating other career schools includes, but isnot limited to:
(a)Conduct by the applicant that is cause for probation of a licensee or for suspensionor revocation of a license as provided in ORS 345.120 (2);
(b)Failure to comply with ORS 345.010 to 345.450 or rules adopted under ORS345.010 to 345.450; and
(c)The history of the applicant in operating career schools in other states.
(5)The superintendent may not issue a license to or renew the license of a careerschool until the applicant provides all of the following to the superintendent:
(a)A financial statement, certified true and accurate and signed by the owner ofthe school;
(b)Proof of compliance with the tuition protection policy established by the StateBoard of Education pursuant to ORS 345.110; and
(c)Fingerprints of individuals as described in subsection (6) of this section.
(6)(a)Except as provided in paragraph (c) of this subsection, an applicant for aninitial issuance of a license or a renewal of a license must provide to thesuperintendent the fingerprints of faculty members and agents of the school andindividuals who hold positions of authority or control in the operation of theschool if the career school will be enrolling or does enroll persons under 18years of age.
(b)In addition to requirements provided under paragraph (a) of this subsection,the superintendent may require a career school to provide the fingerprints ofany agents of the school who will have contact with persons under 18 years ofage on behalf of the career school.
(c)An applicant is not required to provide fingerprints under paragraph (a) or (b)of this subsection if the Department of Education has conducted a state ornationwide criminal records check on the person within the three yearspreceding the date of the application.
(d)Fingerprints acquired under this subsection may be used only for the purpose ofrequesting a state or nationwide criminal records check under ORS 181.534.
(7)Notwithstanding ORS 345.325 (10), the superintendent may place a school onprobation or deny, suspend or revoke a license if the superintendent finds thatan individual who holds a position of authority or control in the operation ofthe school was convicted of a crime listed in ORS 342.143.
(8)The superintendent may issue a conditional license to a career school thatmeets the requirements of subsection (5) of this section but that does notcomply with the applicable standards adopted by rule under ORS 345.325. Aconditional license issued under this subsection is effective for a periodprescribed by the department, which may not exceed 90 days.
(9)(a)Except as provided in paragraph (b) of this subsection, a career school licenseis nontransferable. The licensee must give 30 days of notice to the Departmentof Education when transferring ownership of a career school.
(b)The department may transfer a career school license or allow the ownership of acareer school to transfer with less than 30 days of notice if:
(A)The owner of the school dies, is incapacitated or is incarcerated; or
(B)Other circumstances render the owner unable to operate the career school.
(10)Each career school shall display its license in a prominent place. [Amended by1961 c.268 §4; paragraph (b) of subsection (2) and subsection (3) formerly345.050; 1975 c.478 §5; 1989 c.333 §4; 1993 c.45 §262; 1995 c.343 §4; 2009c.340 §4]
345.040Approval of registration of agent required; bonding. (1) No personshall act in this state as an agent for a career school domiciled within oroutside this state, unless the Superintendent of Public Instruction hasapproved the agent’s registration as a part of the school’s license under ORS345.010 to 345.450. No person shall act as an agent for a career school unlessand until the career school has obtained a license.
(2)For the purposes of licensing and student protection, persons acting as agentsfor a career school domiciled within or outside this state are employees of theschool and shall be included under the school’s bonding or student protectionpolicy, or both. Agents shall perform their duties and conduct their businessin accordance with ORS 345.010 to 345.450.
(3)An agent shall be a person who has attained the age of 18 years, is of goodmoral character and is otherwise competent and qualified to safeguard andprotect the interests of the public. [Amended by 1961 c.268 §5; 1973 c.827 §34;1975 c.478 §6; 1979 c.744 §16; 1981 c.527 §1; 1989 c.333 §5; 1995 c.343 §5]
345.050 [Amended by1961 c.268 §6; renumbered as part of 345.030]
345.060Appointment of superintendent as agent for service of process; service ofprocess.(1) Every agent for a career school not domiciled in this state shall be heldto have appointed the Superintendent of Public Instruction as agent to acceptservice of all summonses, pleadings, writs and processes in all actions orproceedings brought against the applicant in this state. Service upon thesuperintendent shall be taken and held in all courts to be as valid and bindingas if personal service thereof had been made upon the applicant within thisstate.
(2)When any summons, pleading, writ or process is served on the superintendent,service shall be by duplicate copies. One of the duplicates shall be filed inthe office of the superintendent and the other
345.545 Evaluationand registration; expiration; renewal; lapse; notice on refusal to registerschool
345.555 Groundsfor suspension, revocation or denial of renewal; procedure
345.565 Reportsto department
(AdvisoryCommittee)
345.575 Advisorycommittee; members; duties
(Miscellaneous)
345.585 Effectof teaching experience in private school or career school
PENALTIES
345.990 Criminalpenalties
345.992 Civilpenalties
345.995 Establishmentof schedule of civil penalties; rules; imposition of such penalties
345.997 Civilpenalty credited to General Fund
CAREERSCHOOLS
(Definitions)
345.010Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997. As used in ORS345.010 to 345.450 and 345.992 to 345.997:
(1) “Agent”means a person employed by or for a career school for the purpose of procuringstudents, enrollees or subscribers by solicitation in any form, made at a placeor places other than the school office or place of business of such school.
(2) “Barbering”has the meaning given that term in ORS 690.005.
(3) “Board”means the State Board of Education.
(4) “Careerschool” or “school” means any private proprietary professional, technical, homestudy, correspondence, business or other school instruction, organization orperson that offers any instruction or training for the purpose or purportedpurpose of instructing, training or preparing persons for any profession.
(5) “Esthetics”has the meaning given in ORS 690.005.
(6) “Hair design”has the meaning given in ORS 690.005.
(7) “License”means the authority the career school has been granted to operate under ORS345.010 to 345.450.
(8) “Nailtechnology” has the meaning given in ORS 690.005.
(9) “Registration”means the approval by the Superintendent of Public Instruction of a teacher oragent to instruct in or to represent the school.
345.015Application of ORS 345.010 to 345.450. ORS 345.010 to 345.450 do not apply to:
(1)Instruction or training solely avocational or recreational in nature or toinstitutions offering such education exclusively.
(2)Instruction or training sponsored or offered by a bona fide trade, business,professional or fraternal organization or by a business solely for theorganization’s membership or the business’s employees.
(3)Instruction or training sponsored, offered or contracted by organizations,institutions or agencies, if the instruction or training is advertised orpromoted to be in the nature of professional self-improvement or personalself-improvement and the instruction or training is not:
(a)Advertised or promoted as leading to or fulfilling the requirements forlicensing, certification, accreditation or education credentials; or
(b)Leading to an occupation, employment or other activity for which a person mayreasonably expect financial compensation.
(4)Courses offered in hospitals that meet standards prescribed by the AmericanMedical Association or national accrediting associations for nursing.
(5)Courses, instruction or training offered for a limited number of hours, asdefined by rule of the State Board of Education.
(6)Schools offering only courses of an advanced training or continuing educationalnature when offered solely to licensed practitioners and people previouslyqualified or employed in the profession for which a course is being offered.
(7)Schools that the Superintendent of Public Instruction determines are adequatelyregulated by other means that guarantee the school meets the standards of ORS345.325.
(8)Schools offering only review instruction to prepare a student to take anexamination to enter a profession, where the student has completed priortraining related to the profession.
(9)Schools described in ORS 348.597 and, except as provided in ORS 345.017,schools approved by the Oregon Student Assistance Commission to confer or offerto confer academic degrees under ORS 348.606.
(10)Any parochial or denominational institution providing instruction or trainingrelating solely to religion and that does not grant degrees. [Amended by 1961c.268 §2; 1965 c.529 §13; 1975 c.478 §3; 1979 c.148 §1; 1979 c.387 §2; 1989c.333 §2; 1993 c.45 §261; 1995 c.343 §2; 1997 c.652 §32; 2005 c.546 §7; 2009c.340 §3]
345.017Application of ORS 345.010 to 345.450 to school that confers academic degrees;student eligibility for moneys from Tuition Protection Fund. When a schoolthat is licensed under ORS 345.010 to 345.450 is approved by the Oregon StudentAssistance Commission through the Office of Degree Authorization to confer oroffer to confer an academic degree under ORS 348.606 and the school continuesto offer a course or program that does not lead to an academic degree:
(1)The school must continue to be licensed as a career school and meet therequirements of ORS 345.010 to 345.450 until:
(a)All courses or programs offered by the school are approved by the commission;and
(b)All students who were first enrolled in the school when the school was licensedas a career school have:
(A)Completed the course or program for which the student contracted with thecareer school; or
(B)Terminated enrollment in the career school for any reason.
(2)A student who is enrolled in a course or program for which a school must belicensed under ORS 345.010 to 345.450 is eligible for moneys from the TuitionProtection Fund established under ORS 345.110 if the student:
(a)Qualifies for moneys under rules adopted by the State Board of Education underORS 345.110; and
(b)Was first admitted to the school when the school was licensed as a careerschool under ORS 345.010 to 345.450.
(3)When a course or program that did not lead to an academic degree is approved bythe commission to lead to an academic degree, the regulatory authority for thatcourse or program transfers to the commission upon the approval. [2009 c.340 §2]
345.020Duty and powers of Superintendent of Public Instruction; interest in careerschools prohibited.(1) The Superintendent of Public Instruction shall administer ORS 345.010 to345.450 and 345.992 to 345.997 and shall enforce all laws and rules relating tothe licensing of career schools and agents.
(2)The superintendent may establish procedures whereby schools become eligible toparticipate in federal student assistance programs if approved by the UnitedStates Department of Education.
(3)The superintendent and the employees of the Department of Education shall nothave financial interests in any career school and shall not act as agents oremployees thereof. [Amended by 1955 c.527 §1; 1961 c.268 §3; 1975 c.478 §4;1989 c.333 §3; 1995 c.343 §3]
345.030License requirements; considerations; fingerprints; transfer of license. (1) A personmay not open, conduct or do business as a career school in this state withoutobtaining a license under ORS 345.010 to 345.450.
(2)Except as provided in subsection (8) of this section, the Superintendent ofPublic Instruction may issue a license to conduct a career school only afterthe applicant has presented proof satisfactory to the superintendent or therepresentative of the superintendent that the applicant complies withapplicable standards adopted under ORS 345.325 and 670.280. For the purpose ofthis subsection, ORS 670.280 applies to individuals who hold positions ofauthority or control in the operation of the school and to its faculty membersand agents.
(3)A career school licensed in any other state must be licensed in this statebefore establishing a physical presence in this state such as offices oragents, or both, for the purpose of solicitation of students.
(4)In determining whether to issue a license to a career school, the superintendentmay consider the prior history of the applicant in operating other careerschools. The prior history of operating other career schools includes, but isnot limited to:
(a)Conduct by the applicant that is cause for probation of a licensee or for suspensionor revocation of a license as provided in ORS 345.120 (2);
(b)Failure to comply with ORS 345.010 to 345.450 or rules adopted under ORS345.010 to 345.450; and
(c)The history of the applicant in operating career schools in other states.
(5)The superintendent may not issue a license to or renew the license of a careerschool until the applicant provides all of the following to the superintendent:
(a)A financial statement, certified true and accurate and signed by the owner ofthe school;
(b)Proof of compliance with the tuition protection policy established by the StateBoard of Education pursuant to ORS 345.110; and
(c)Fingerprints of individuals as described in subsection (6) of this section.
(6)(a)Except as provided in paragraph (c) of this subsection, an applicant for aninitial issuance of a license or a renewal of a license must provide to thesuperintendent the fingerprints of faculty members and agents of the school andindividuals who hold positions of authority or control in the operation of theschool if the career school will be enrolling or does enroll persons under 18years of age.
(b)In addition to requirements provided under paragraph (a) of this subsection,the superintendent may require a career school to provide the fingerprints ofany agents of the school who will have contact with persons under 18 years ofage on behalf of the career school.
(c)An applicant is not required to provide fingerprints under paragraph (a) or (b)of this subsection if the Department of Education has conducted a state ornationwide criminal records check on the person within the three yearspreceding the date of the application.
(d)Fingerprints acquired under this subsection may be used only for the purpose ofrequesting a state or nationwide criminal records check under ORS 181.534.
(7)Notwithstanding ORS 345.325 (10), the superintendent may place a school onprobation or deny, suspend or revoke a license if the superintendent finds thatan individual who holds a position of authority or control in the operation ofthe school was convicted of a crime listed in ORS 342.143.
(8)The superintendent may issue a conditional license to a career school thatmeets the requirements of subsection (5) of this section but that does notcomply with the applicable standards adopted by rule under ORS 345.325. Aconditional license issued under this subsection is effective for a periodprescribed by the department, which may not exceed 90 days.
(9)(a)Except as provided in paragraph (b) of this subsection, a career school licenseis nontransferable. The licensee must give 30 days of notice to the Departmentof Education when transferring ownership of a career school.
(b)The department may transfer a career school license or allow the ownership of acareer school to transfer with less than 30 days of notice if:
(A)The owner of the school dies, is incapacitated or is incarcerated; or
(B)Other circumstances render the owner unable to operate the career school.
(10)Each career school shall display its license in a prominent place. [Amended by1961 c.268 §4; paragraph (b) of subsection (2) and subsection (3) formerly345.050; 1975 c.478 §5; 1989 c.333 §4; 1993 c.45 §262; 1995 c.343 §4; 2009c.340 §4]
345.040Approval of registration of agent required; bonding. (1) No personshall act in this state as an agent for a career school domiciled within oroutside this state, unless the Superintendent of Public Instruction hasapproved the agent’s registration as a part of the school’s license under ORS345.010 to 345.450. No person shall act as an agent for a career school unlessand until the career school has obtained a license.
(2)For the purposes of licensing and student protection, persons acting as agentsfor a career school domiciled within or outside this state are employees of theschool and shall be included under the school’s bonding or student protectionpolicy, or both. Agents shall perform their duties and conduct their businessin accordance with ORS 345.010 to 345.450.
(3)An agent shall be a person who has attained the age of 18 years, is of goodmoral character and is otherwise competent and qualified to safeguard andprotect the interests of the public. [Amended by 1961 c.268 §5; 1973 c.827 §34;1975 c.478 §6; 1979 c.744 §16; 1981 c.527 §1; 1989 c.333 §5; 1995 c.343 §5]
345.050 [Amended by1961 c.268 §6; renumbered as part of 345.030]
345.060Appointment of superintendent as agent for service of process; service ofprocess.(1) Every agent for a career school not domiciled in this state shall be heldto have appointed the Superintendent of Public Instruction as agent to acceptservice of all summonses, pleadings, writs and processes in all actions orproceedings brought against the applicant in this state. Service upon thesuperintendent shall be taken and held in all courts to be as valid and bindingas if personal service thereof had been made upon the applicant within thisstate.
(2)When any summons, pleading, writ or process is served on the superintendent,service shall be by duplicate copies. One of the duplicates shall be filed inthe office of the superintendent and the other
