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HF 3959

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 01:47pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to higher education; amending certain institutional approval provisions;
amending Minnesota Statutes 2018, sections 136A.65, subdivision 8; 136A.829,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 136A.65, subdivision 8, is amended to read:


Subd. 8.

Disapproval of registration appeal.

(a) new text begin By giving written notice and reasons
to the school,
new text end the office may deleted text begin refuse to renew,deleted text end new text begin :
new text end

new text begin (1)new text end revoke, deleted text begin ordeleted text end suspendnew text begin , or refuse to renewnew text end registrationdeleted text begin ,deleted text end new text begin ;
new text end

new text begin (2) refusenew text end approval of a school's degreedeleted text begin , ordeleted text end new text begin ; and
new text end

new text begin (3) refuse approval ofnew text end use of a regulated term in its name deleted text begin by giving written notice and
reasons to the school
deleted text end .

(b) Reasons for revocation or suspension of registration or approval may be for one or
more of the following reasons:

(1) violating the provisions of sections 136A.61 to 136A.71;

(2) providing false, misleading, or incomplete information to the office;

(3) presenting information about the school which is false, fraudulent, misleading,
deceptive, or inaccurate in a material respect to students or prospective students; deleted text begin or
deleted text end

(4) refusing to allow reasonable inspection or to supply reasonable information after a
written request by the office has been receiveddeleted text begin .deleted text end new text begin ;
new text end

new text begin (5) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence,
untrustworthiness, or financial irresponsibility, in the conduct of business in this state or
elsewhere; or
new text end

new text begin (6) having been administratively or judicially determined to have committed fraud or
any other material violation of law involving federal, state, or local government funds.
new text end

(c) Any order refusing, revoking, or suspending a school's registration, approval of a
school's degree, or use of a regulated term in the school's name is appealable in accordance
with chapter 14. The request must be in writing and made to the office within 30 days of
the date the school is notified of the action of the office. If a school has been operating and
its registration has been revoked, suspended, or refused by the office, the order is not effective
until the final determination of the appeal, unless immediate effect is ordered by the court.

Sec. 2.

Minnesota Statutes 2018, section 136A.829, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

The office may, after notice and upon providing an opportunity
for a hearing, under chapter 14 if requested by the parties adversely affected, refuse to issue,
refuse to renew, revoke, or suspend a license or solicitor's permit for any of the following
grounds:

(1) violation of any provisions of sections 136A.821 to 136A.833 or any rule adopted
by the office;

(2) furnishing to the office false, misleading, or incomplete information;

(3) presenting to prospective students information relating to the private career school
that is false, fraudulent, deceptive, substantially inaccurate, or misleading;

(4) refusal to allow reasonable inspection or supply reasonable information after written
request by the office;

new text begin (5) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence,
untrustworthiness, or financial irresponsibility, in the conduct of business in this state or
elsewhere;
new text end

new text begin (6) having been administratively or judicially determined to have committed fraud or
any other material violation of law involving federal, state, or local government funds; or
new text end

deleted text begin (5)deleted text end new text begin (7)new text end the existence of any circumstance that would be grounds for the refusal of an
initial or renewal license under section 136A.822.