Connecticut Administrative Code
Title 10a - State Systems of Higher Education
22k - Approval of Private Occupational Schools Requiring Certification
Section 10a-22k-12 - Assessment of administrative penalty
Current through March 14, 2024
(a) The commissioner shall serve written notice upon a school indicating that an assessment of an administrative penalty, not to exceed five hundred dollars for each day of such violation, is under consideration. The commissioner shall set forth the reason such administrative penalty is being considered. Upon receipt of such notice, a school may file within seven days a written request for administrative review by the commissioner or his designee. Within forty-five days after the receipt of such request, the commissioner or his designee shall complete an administrative review and give written notice of the determination of the review to the school. A school aggrieved by the decision of the commissioner or his designee may, within fourteen days following its receipt of official notice of the completion and determination of such administrative review, appeal, in writing, setting forth the reasons thereof to the board. The board shall hold a hearing within twenty business days following receipt of such appeal to be conducted pursuant to chapter 54 of the general statutes. The chairperson of the board may designate a hearing officer or subcommittee to serve as a hearing panel pursuant to Section 4-176e of the General Statutes.
(b) The total amount of an administrative penalty that a school shall be assessed shall be calculated in accordance with the following formula:
The commissioner may assess an administrative penalty for each violation in accordance with the above formula whenever there exists one or more violations. If a school appeals an administrative penalty in accordance with section 10a-22k-12(a), payment of the administrative penalty shall not be due until seven days after the determination of the appeal if said determination finds that the school was in violation. If a school does not appeal an administrative penalty provided under section 10a-22k-12(a), payment of the administrative penalty shall be due no later than seven days after the receipt of the certified letter containing a notice of assessment. The total amount of an administrative penalty shall be calculated on the number of days that a school is in violation notwithstanding any appeals initiated by a school.
(c) In imposing the administrative penalty, the commissioner shall consider all factors which he deems relevant, including, but not limited to, the following:
(d) The commissioner shall, for the purposes of determining and assessing an administrative penalty, use the following tables and classifications:
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Class #1 Violation |
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Category |
Violation |
Penalty |
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New School |
Operating without a certificate |
Not less than $100 nor more than $500 per day. |
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Existing School |
Operating without a certificate |
Not less than $100 nor more than $500 per day. |
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Operating without applicable state and local fire certificates |
Not less than $100 nor more than $500 per day. |
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Operating without liability, property damage or worker's compensation insurance |
Not less than $100 nor more than $500 per day. |
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Extension or Branch School |
Operating without an amended certificate |
Not less than $100 nor more than $500 per day. |
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Revision |
Operating without an amended certificate which affects original ownership or location of school |
Not less than $100 nor more than $500 per day. |
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Class #2 Violation |
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Category |
Violation |
Penalty |
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Existing School |
Operating without irrevocable letter of credit |
Not less than $50 nor more than $250 per day. |
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Operating without sufficient liquid assets or other evidence of fiscal soundness |
Not less than $50 nor more than $250 per day. |
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False statement about a material fact in application for authorization |
Not less than $50 nor more than $250 per day. |
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Failure to make required payment to default assurance fund |
Not less than $50 nor more than $250 per day. |
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Failure to file annual financial report |
Not less than $50 nor more than $250 per day. |
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Operating without a certificate of "good standing'' on file with Secretary of State |
Not less than $50 nor more than $250 per day. |
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Revision |
Operating without an amended certificate which affects courses or programs |
Not less than $50 nor more than $250 per day. |
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Class #3 Violation |
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Category |
Violation |
Penalty |
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Existing School |
Operating without applicable zoning certificate - |
Not less than $50 nor more than $100 per day. |
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Advertising, sales, collection, credit or other practices which are false, deceptive, misleading or unfair. |
Not less than $50 nor more than $100 per day. |
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Policy or actions which discourage or prohibit the filing of inquiries or complaints regarding the school's operation with the Commissioner |
Not less than $50 nor more than $100 per day. |
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Miscellaneous |
Failure of a school not authorized under Connecticut Statutes and Regulations to file application and to pay fee for their representatives to operate within State of Connecticut |
Not less than $50 nor more than $100 per day per representative. |
(e) The absence of a particular violation and assessment penalty from the above tables and classifications shall not preclude the commissioner from classifying any violation and determining, assessing and imposing an administrative penalty in accordance with subsections (a) through (d), inclusive, of this section.
(f) The assessment of an administrative penalty shall not preclude the commissioner from revoking a school's certificate of authorization.
