§3140.8. Prohibited acts; penalty; injunctive relief

            A. It shall be unlawful for any owner of a school or a representative of a proprietary school offering courses of instruction in this state to:

            (1) Operate the school without a valid license.

            (2) Operate the school without a valid surety bond or certificate of deposit as required by this Chapter.

            (3) Use advertising designed to mislead or deceive prospective students.

            (4) Accept a contract from a solicitor who does not hold a valid permit issued in accordance with this Chapter.

            (5) Violate any provisions of this Chapter.

            B. It shall be unlawful for any person selling or offering to sell courses of instruction in this state to:

            (1) Solicit a prospective student without holding a valid permit as required by this Chapter.

            (2) Solicit a prospective student without having a surety bond or certificate of deposit as required by this Chapter.

            (3) Use fraud or misrepresentation in procuring a student's enrollment.

            (4) Violate any provisions of this Chapter.

            C. Any owner, school employee, or solicitor who is found guilty of any act prohibited by this Chapter shall be guilty of a misdemeanor and shall be fined an amount not to exceed five hundred dollars. Each day a violation continues shall constitute a separate offense.

            D. If the commissioner of higher education or the commission has probable cause to believe that any owner of a proprietary school or any solicitor who sells or offers to sell any course of instruction has committed any of the acts prohibited by this Chapter, the commissioner of higher education shall petition a court of competent jurisdiction for an injunction against the school or solicitor.

            Acts 2019, No. 437, §1.