(a) The Commission may authorize the Secretary, acting through the Attorney General,
to seek an injunction or other judicial remedy for any violation of this title or
of the rules and regulations adopted under this title.
(b)(1) If an institution of postsecondary education is required to have a certificate
of approval from the Commission and is operating without a certificate of approval,
the Secretary may:
(i) Issue an order to cease and desist;
(ii) Issue a notice of violation and impose a penalty of up to $5,000; and
(iii) Acting through the Attorney General, seek an injunction or other judicial remedy.
(2) In imposing a penalty under this subsection, the Secretary shall consider:
(i) The seriousness of the violation;
(ii) The harm caused by the violation;
(iii) The good faith of the institution and any corrective actions taken;
(iv) Any history of previous violations; and
(v) Other pertinent circumstances.
(c) For any institution of postsecondary education required to have Commission approval
before offering a program, if the institution offers an unapproved program, the Secretary
may require the institution to refund all tuition and fees paid by students who enrolled
in the program, and may revoke the certificate of approval of any institution that
fails to make a required refund within the time specified by the Secretary.
(d) If an institution of postsecondary education does not file all essential records
of the academic achievement of a former student with the Commission in accordance
with § 11-401 of this title, the Secretary may:
(1) Require the institution to refund all tuition and fees paid by the former student
whose records were not filed in accordance with § 11-401 of this title; or
(2) Seek an injunction in accordance with subsection (a) of this section.
(e) The remedies provided in this section are in addition to any other remedies provided
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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