§3140.7. Revocation of license; causes; appeal; injunction; subpoena power

            A. The board, upon the recommendation of the commissioner of higher education or the commission, may suspend, revoke, or cancel any license issued by it or place certain specified conditions upon the continued operation of the school.

            B. A decision to suspend, revoke, or cancel any license or to place certain specified conditions upon the continued operation of a school shall require a favorable vote by at least two-thirds of the total membership of the board.

            C. A school with a suspended license may continue to provide instruction to students already enrolled in a course but shall not enroll new students. The suspension shall remain in effect until the deficiency causing the suspension has been remedied.

            D. The commission may recommend to the board that the license of a school be suspended, revoked, cancelled, or restricted for any of the following reasons:

            (1) Signing of a license application or holding of a solicitor permit by a person who has pleaded guilty to a felony or has been found guilty of a felony.

            (2) Failure to comply with a commitment made in an application for a license.

            (3) Failure to comply with the provisions of this Chapter.

            (4) Failure to maintain sufficient financial resources as evidenced by applicable financial information or letter of credit reflecting solvency.

            (5) Acceptance or use by the owner of any school of the services of a solicitor who does not hold a permit required by this Chapter.

            (6) Failure to comply with any rule or regulation adopted by the board.

            (7) Use by an employee, solicitor, or representative of a school, with the knowledge of the owner, of fraud or misrepresentation in procuring the enrollment of a student or if an incident is called to the attention of the owner, failure by the owner to take remedial steps including restitution of fees collected and expenses incurred by the prospective student.

            (8) Failure on the part of the school to comply with every contract and agreement made and entered into by it or by its representative with a student.

            (9) Use by a school or any school representative of deceptive or fraudulent advertising in any form.

            (10) Violation of a provision of this Chapter by a school owner.

            (11) Filing of false information with the commission, the commissioner of higher education, or the board by an owner of a school or by any holder of a license or a permit issued pursuant to this Chapter.

            (12) Failure of the owner of the school to notify the commission in writing of the withdrawal of accreditation or approval.

            (13) Failure to provide facilities or equipment for offering courses of instruction in a safe and sanitary condition.

            (14) Failure to provide the equipment described in the application.

            (15) Offering an unapproved program.

            E. The commission shall hold a hearing prior to making a recommendation to the board for the revocation of a license.

            F. The board shall notify a licensee of its decision to suspend, revoke, or cancel a license. At any time within thirty days prior to the revocation or conditioning of a license, the board shall afford the holder an opportunity to be heard in person or by counsel. Strict rules of evidence shall not apply.

            G. Within thirty days prior to the date set for a hearing on suspension, revocation, or restriction, the board shall notify the licensee in writing of the date and purpose of the hearing and the grounds for the action contemplated.

            H. The board shall suspend the license of any school that:

            (1) Fails to pay required fees or annually submit updated information on changes in staff and school programs, not less than thirty days prior to the expiration date of its license.

            (2) Is no longer covered by a surety bond or certificate of deposit.

            I. Any final decision or determination of the board may be appealed to the district court for the parish in which the applicant resides within ninety days after receipt of written notice from the board of the final determination. Written notice of the appeal shall be served on the presiding officer of the board, stating the reasons therefor.

            Acts 2019, No. 437, §1.