Current through Reg. 50, No. 187; September 24, 2024
(1) Denial. Any Provisional License, Annual
License, License by Means of Accreditation, agent's license, approval to use
the terms "college" or "university, " approval of modifications, approval of
occasional elective clinical clerkships, or other authorization under the
Commission's jurisdiction shall be denied upon a determination by the
Commission that the applicant does not meet the requirements of Chapter 1005,
F.S., or the applicable standards in Chapters 6E-1 and 6E-2, F.A.C., or for
specific grounds as stated in Sections
1005.32(7),
1005.34(3) and
1005.38, F.S.
(2) Probation.
(a) A Provisional License, Annual License, or
License by Means of Accreditation, agent's license, or other authorization
under the Commission's jurisdiction shall be placed on probation when the
Commission finds an infraction of any of the grounds enumerated in subsection
(4) of this rule, which in the Commission's judgment threatens the efficient
operation of the institution or the quality of the educational programs or
services offered, damages the reputation of another institution, or deceives
the public.
(b) The Commission
shall impose conditions designed to correct the infractions identified or to
overcome the effects of such infractions, and shall require submission of
periodic progress reports on the steps being taken to comply with the
conditions and to correct the situation. Unannounced staff visits shall be made
to the institution as necessary to monitor its activities. An institution or
agent placed on probation shall provide satisfactory documentation to the
Commission that remedial action has been taken to correct the situation or
activities leading to probation. When it is documented to the Commission that
the situation or activities have been corrected, and policies have been adopted
by the institution to prevent the recurrence of the infractions, the Commission
shall remove the probation. If competent evidence is not presented showing that
the situation or activities leading to probation have been corrected within the
period of time specified by the Commission, or if similar infractions recur,
procedures shall be initiated to revoke the license or other
authorization.
(c) If the
conditions set by the Commission in conjunction with the probation require
oversight and monitoring by the Commission or its staff, the Commission shall
impose an administrative fine in an amount reflective of the administrative
time required for the specific case, up to $5, 000, as provided in Section
1005.38(1),
F.S.
(3) Revocation. Any
Provisional License, Annual License, or License by Means of Accreditation,
agent's license, or other authorization under the Commission's jurisdiction
shall be revoked when the Commission finds:
(a) An infraction of any of the grounds
enumerated in subsection (4) of this rule, which in the Commission's judgment
is so serious as to threaten the continued operation of the institution, or the
health, safety and welfare of its students or staff or of the general public;
or
(b) That the institution or
agent continues to engage in activities in noncompliance with applicable laws
after directed by the Commission to cease and desist; or
(c) That the institution or agent has failed
to correct, within the allotted period, the situation or activities for which
probation has been imposed.
If a license is revoked, the college or agent affected shall
cease operations in Florida. Any new application for licensure shall follow the
procedures and requirements of the applicable statute and
rules.
(4) Grounds
for Imposing Disciplinary Actions.
(a)
Attempting to obtain action from the Commission by fraudulent
misrepresentation, bribery, or through an error of the Commission.
(b) Action against a license or operation
imposed under the authority of another state, territory, or country.
(c) Delegating professional responsibilities
to a person who is not qualified by training, experience, or licensure to
perform the responsibilities.
(d)
False, deceptive, or misleading advertising.
(e) Conspiring to coerce, intimidate, or
preclude another licensee from lawfully advertising his or her
services.
(f) Failure to maintain
the licensure standards as set forth in Sections
1005.31 and
1005.32, F.S., and applicable
rules.
(g) Failure to comply with
fair consumer practices as set forth in Sections
1005.04 and
1005.34, F.S., and applicable
rules.
(h) Previously operating an
institution in a manner contrary to the health, education, or welfare of the
public, as described in Section
1005.38(4),
F.S.
(i) Failure of the licensee to
comply with any conditions or limitations placed by the Commission upon its
licensure or operation.
(j) Failure
to notify the Commission of a change of address.
(k) Violating or repeatedly violating any
provision of Chapter 1005, F.S., or any rule adopted pursuant
thereto.
(l) Operating with a
revoked, suspended, or inactive license.
(m) Violating any lawful order of the
Commission previously entered in a disciplinary hearing or failing to comply
with a lawfully issued subpoena.
(n) Failure of licensee to notify the
Commission of closing of an institution or campus.
(5) Based upon consideration of aggravating
or mitigating factors, present in an individual case, the Commission may
deviate from the recommended penalties. The Commission shall consider as
aggravating or mitigating factors the following:
(a) The danger to the public;
(b) The length of time since the
violation;
(c) The number of times
the licensee has been previously disciplined by the Commission;
(d) The length of time institution has been a
licensed school;
(e) The actual
damage, monetary or otherwise, caused by the violation;
(f) The deterrent effect of the penalty
imposed;
(g) The effect of the
penalty upon the institutions' ability to stay open;
(h) Any effort of rehabilitation by the
institution;
(i) The actual
knowledge of the licensee pertaining to the violation;
(j) Attempts by institution to correct or
stop violation or refusal by institution to correct or stop
violation;
(k) Related violations
against the licensee in another state including findings of guilt or innocence,
penalties imposed and penalties served;
(l) Actual negligence of the licensee
pertaining to any violation;
(m)
Penalties imposed for related offenses;
(n) Pecuniary gain to the
institution;
(o) The number of
complaints filed against the institution; and,
(p) Any other relevant mitigating or
aggravating factors under the circumstances.
(6) Investigations. Investigations on behalf
of the Commission shall be carried out as provided in Section
1005.38, F.S.
(7) Probable cause. Determinations of
probable cause shall be made as provided in Section
1005.38, F.S. Probable cause
panels shall be appointed to consider suspected violations of law and to make
findings, which shall be reported to the full Commission. If the probable cause
panel makes a determination of probable cause, the Commission shall issue an
administrative complaint and shall issue a cease and desist order as provided
in Section 1005.38, F.S., if necessary to
stop the violations. Probable cause panels shall be appointed and shall serve
as follows:
(a) The chair of the Commission
shall appoint three people to a probable cause panel, and shall designate its
chair. At least one panel member shall be a current member of the Commission.
Other members may be current Commission members or previous members of the
Commission for Independent Education, State Board of Independent Colleges and
Universities, or State Board of Nonpublic Career Education. Each probable cause
panel shall serve on an ad hoc basis to review specific cases referred to it by
the Commission.
(b) Current
commission members who serve on a probable cause panel cannot vote for final
agency action on institutions whose current cases they have reviewed while
serving on the panel.
(c)
Reconsideration of probable cause in any given case shall be performed by the
members of the panel who initially found probable cause in that case. Whenever
an original panel member is not available, current member(s) shall hear the
reconsideration.
(d) All
investigatory records including the findings of an exempt probable cause panel
meeting are exempt from Section
119.07(1),
F.S., and Section 24(a), Art. 1 of the State Constitution for a period not to
exceed 10 days after the panel makes a determination regarding probable
cause.
(e) The Commission will
review the recommendation of the Probable Cause Panel. If probable cause is
found, the Commission will issue an Administrative Complaint. The Commission
also has the authority to issue an administrative fine from $100-$5000 per
count. The Commission also has the authority to issue Cease and Desist orders
as provided in Section
1005.38, F.S., if necessary to
stop a violation.
(f) The
Commission shall determine the amount of costs to be assessed after its
consideration of an affidavit of itemized costs and any written objections
thereto submitted to the Commission for Independent Education.
(g) In cases where the Commission imposes an
administrative fine and an assessment of costs, each shall be paid within
thirty (30) days from the date the final order of the Commission is filed with
the Clerk of the Commission unless a different time frame is set forth in the
final order.
(8) Issuance
of Citations.
(a) All citations will include
a requirement that the subject correct the violation, if remediable, within a
specified period of time not to exceed 60 days, and impose whatever obligations
will remedy the offense.
(b) The
Commission shall be entitled to recover the cost of investigation and
prosecution in addition to the fine levied pursuant to the citation.
(c) The citation becomes a final order of the
Commission if the subject fails to dispute the issuance of the citation within
30 days of service. The subject has 30 days from the date the citation becomes
a final order to pay the fine and costs. Failure to pay the fine and costs
within the prescribed time period constitutes a violation of Section
1005.385, F.S., which will
result in further disciplinary action. All fines and costs are to be made
payable to "Office of the Comptroller, Department of Education."
(d) Once the citation becomes a final order,
the citation and complaint become a public record pursuant to Chapter 119,
F.S., unless otherwise exempt from the provision of Chapter 119, F.S.
(e) The Executive Director will report to the
Commission the number of citations issued and the nature of the offenses for
which they were issued.
(f)
Violations and Penalties for Citations. Citations shall be issued by the
Executive Director for failure to meet procedural requirements of the
Commission. For the purposes of this rule, the Commission designates as
offenses for citations only the following violations with accompanying penalty:
1. Issuance of a worthless bank check to the
Commission. $100.00
2. Failure to
notify the Commission of a change of address within time in violation of
paragraph 6E-2.0061(4)(j),
F.A.C. $500.00
3. Failure to notify
the Commission of a minor modification of a program pursuant to Rule
6E-2.008, F.A.C.
$250.00
4. Failure to meet the
Commission deadlines within 30 days of the second request. $100.00
5. Failure to report data to the Commission
on a second request within 30 days of the second request. $100.00
6. Failure to submit the substantive change
notification to the Commission as required by subsection
6E-1.003(57),
F.A.C. $500.00
7. Failure to
provide access to employees of the Commission or a designee to inspect the
institution for an on site visit. $500.00
(9) Cease and desist orders. Cease and desist
orders shall be issued by the Commission upon finding probable cause or in
conjunction with a notice of denial of licensure, and shall comply with Section
1005.38, F.S., and other
applicable laws.
(10) Injunctions.
The Commission shall seek injunctive relief and other applicable civil
penalties as provided by Section
1005.38, F.S., and other
applicable laws, after conducting an investigation and confirming that a
violation of chapter 1005, F.S., has occurred which the Commission deems is
serious enough that other available remedies are not sufficient to stop the
potential damage to the public.
(11) Due process procedures. The Commission
shall notify the institution or agent by certified mail of any disciplinary
action, giving the grounds for the action and an explanation of the
institution's or agent's right to a hearing. The institution or agent shall
have twenty (20) days to respond, by certified mail, indicating any request for
a formal or informal hearing or concurring with the Commission's action.
(a) Failure on the part of the institution or
agent to respond by certified mail within twenty (20) days shall constitute
default. At its next regular or special meeting, the Commission shall then
receive evidence in the case and enter its Final Order.
(b) The institution or agent may request an
informal hearing by the Commission if no material facts are disputed, or if the
institution or agent and the Commission agree to hold an informal hearing in
lieu of a formal hearing. Procedures for informal hearings shall be in
accordance with Section
120.57(2), F.S.
After hearing the presentations of the representatives of the Commission and of
the institution or agent, the Commission shall enter its Final Order.
(c) The institution or agent may request a
formal hearing by an administrative judge of the Division of Administrative
Hearings if material facts are in dispute. Procedures for formal hearings shall
be in accordance with Section
120.57(1), F.S.
After receiving a Recommended Order from the hearing officer, the Commission
shall enter its Final Order.
(d) An
affected party who has been served with a cease and desist order by the
Commission may request a formal or informal review of the order as set forth in
this subsection above, and may request the Commission or the Division of
Administrative Hearings to modify or abate the cease and desist order. If the
affected party is aggrieved by the decision produced by this review, the party
may seek interlocutory judicial review by the appropriate district court of
appeal, as provided in Section
1005.38(7),
F.S.
Rulemaking Authority 1005.22(1)(e)1.,
1005.32(7),
1005.38,
1005.385(1) FS.
Law Implemented 1005.32(7),
1005.34(3),
1005.38,
1005.385
FS.
New 10-13-83, Formerly 6E-2.061, Amended 5-20-87, 11-27-88,
11-29-89, 12-10-90, 10-19-93, 1-7-03, 7-20-04, 5-18-05, 6-13-05, 2-20-06,
7-10-06.
