2017 ORS 345.030¹
License requirements
  • fingerprints
  • transfer of license

(1) A person may not open, conduct or do business as a career school in this state without obtaining a license under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee).

(2) Except as provided in subsection (8) of this section, the Higher Education Coordinating Commission may issue a license to conduct a career school only after the applicant has presented proof satisfactory to the commission that the applicant complies with applicable standards adopted under ORS 345.325 (Minimum standards) and 670.280 (Denial, suspension or revocation of license based on criminal conviction). For the purpose of this subsection, ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction) applies to individuals who hold positions of authority or control in the operation of the school and to its faculty members and agents.

(3) A career school licensed in any other state must be licensed in this state before establishing a physical presence in this state such as offices or agents, or both, for the purpose of solicitation of students.

(4) In determining whether to issue a license to a career school, the commission may consider the prior history of the applicant in operating other career schools. The prior history of operating other career schools includes, but is not limited to:

(a) Conduct by the applicant that is cause for a notice of corrective action or for suspension or revocation of a license as provided in ORS 345.120 (Investigations) (3);

(b) Failure to comply with ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) or rules adopted under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee); and

(c) The history of the applicant in operating career schools in other states.

(5) The commission may not issue a license to or renew the license of a career school until the applicant provides all of the following to the commission:

(a) A financial statement, certified true and accurate and signed by the owner of the school;

(b) Proof of compliance with the tuition protection policy established by the commission pursuant to ORS 345.110 (Tuition Protection Fund); and

(c) Fingerprints of individuals as described in subsection (6) of this section.

(6)(a) Except as provided in paragraph (c) of this subsection, an applicant for an initial issuance of a license or a renewal of a license must provide to the commission the fingerprints of faculty members and agents of the school and individuals who hold positions of authority or control in the operation of the school if the career school will be enrolling or does enroll persons under 18 years of age.

(b) In addition to requirements provided under paragraph (a) of this subsection, the commission may require a career school to provide the fingerprints of any agents of the school who will have contact with persons under 18 years of age on behalf of the career school.

(c) An applicant is not required to provide fingerprints under paragraph (a) or (b) of this subsection if the commission has conducted a state or nationwide criminal records check on the person within the three years preceding the date of the application.

(d) Fingerprints acquired under this subsection may be used only for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check).

(7) Notwithstanding ORS 345.325 (Minimum standards) (10), the commission may issue a notice for corrective action or deny, suspend or revoke a license if the commission finds that an individual who holds a position of authority or control in the operation of the school was convicted of a crime listed in ORS 342.143 (Issuance of licenses and registrations).

(8) The commission may issue a conditional license to a career school that meets the requirements of subsection (5) of this section but that does not comply with the applicable standards adopted by rule under ORS 345.325 (Minimum standards). A conditional license issued under this subsection is effective for a period prescribed by the commission, which may not exceed 90 days.

(9)(a) Except as provided in paragraph (b) of this subsection, a career school license is nontransferable. The licensee must give 30 days of notice to the commission when transferring ownership of a career school.

(b) The commission may transfer a career school license or allow the ownership of a career school to transfer with less than 30 days of notice if:

(A) The owner of the school dies, is incapacitated or is incarcerated; or

(B) Other circumstances render the owner unable to operate the career school.

(10) Each career school shall display its license in a prominent place. [Amended by 1961 c.268 §4; paragraph (b) of subsection (2) and subsection (3) formerly 345.050; 1975 c.478 §5; 1989 c.333 §4; 1993 c.45 §262; 1995 c.343 §4; 2009 c.340 §4; 2012 c.104 §24; 2017 c.422 §2]

Note: The amendments to 345.030 (License requirements) by section 2, chapter 422, Oregon Laws 2017, take effect July 1, 2018, and apply to any action taken by the Higher Education Coordinating Commission with respect to a career school or agent on or after July 1, 2018. See sections 5 and 6, chapter 422, Oregon Laws 2017. The text that is effective until July 1, 2018, is set forth for the user’s convenience.

345.030 (License requirements). (1) A person may not open, conduct or do business as a career school in this state without obtaining a license under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee).

(2) Except as provided in subsection (8) of this section, the Higher Education Coordinating Commission may issue a license to conduct a career school only after the applicant has presented proof satisfactory to the commission that the applicant complies with applicable standards adopted under ORS 345.325 (Minimum standards) and 670.280 (Denial, suspension or revocation of license based on criminal conviction). For the purpose of this subsection, ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction) applies to individuals who hold positions of authority or control in the operation of the school and to its faculty members and agents.

(3) A career school licensed in any other state must be licensed in this state before establishing a physical presence in this state such as offices or agents, or both, for the purpose of solicitation of students.

(4) In determining whether to issue a license to a career school, the commission may consider the prior history of the applicant in operating other career schools. The prior history of operating other career schools includes, but is not limited to:

(a) Conduct by the applicant that is cause for probation of a licensee or for suspension or revocation of a license as provided in ORS 345.120 (Investigations) (2);

(b) Failure to comply with ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) or rules adopted under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee); and

(c) The history of the applicant in operating career schools in other states.

(5) The commission may not issue a license to or renew the license of a career school until the applicant provides all of the following to the commission:

(a) A financial statement, certified true and accurate and signed by the owner of the school;

(b) Proof of compliance with the tuition protection policy established by the commission pursuant to ORS 345.110 (Tuition Protection Fund); and

(c) Fingerprints of individuals as described in subsection (6) of this section.

(6)(a) Except as provided in paragraph (c) of this subsection, an applicant for an initial issuance of a license or a renewal of a license must provide to the commission the fingerprints of faculty members and agents of the school and individuals who hold positions of authority or control in the operation of the school if the career school will be enrolling or does enroll persons under 18 years of age.

(b) In addition to requirements provided under paragraph (a) of this subsection, the commission may require a career school to provide the fingerprints of any agents of the school who will have contact with persons under 18 years of age on behalf of the career school.

(c) An applicant is not required to provide fingerprints under paragraph (a) or (b) of this subsection if the commission has conducted a state or nationwide criminal records check on the person within the three years preceding the date of the application.

(d) Fingerprints acquired under this subsection may be used only for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check).

(7) Notwithstanding ORS 345.325 (Minimum standards) (10), the commission may place a school on probation or deny, suspend or revoke a license if the commission finds that an individual who holds a position of authority or control in the operation of the school was convicted of a crime listed in ORS 342.143 (Issuance of licenses and registrations).

(8) The commission may issue a conditional license to a career school that meets the requirements of subsection (5) of this section but that does not comply with the applicable standards adopted by rule under ORS 345.325 (Minimum standards). A conditional license issued under this subsection is effective for a period prescribed by the commission, which may not exceed 90 days.

(9)(a) Except as provided in paragraph (b) of this subsection, a career school license is nontransferable. The licensee must give 30 days of notice to the commission when transferring ownership of a career school.

(b) The commission may transfer a career school license or allow the ownership of a career school to transfer with less than 30 days of notice if:

(A) The owner of the school dies, is incapacitated or is incarcerated; or

(B) Other circumstances render the owner unable to operate the career school.

(10) Each career school shall display its license in a prominent place.

Chapter 345

Atty. Gen. Opinions

State’s authority to regulate and license foreign correspondence schools, (1972) Vol 36, p 271; authority to regulate private de­gree-granting voca­tional schools, (1978) Vol 38, p 1765

1 Legislative Counsel Committee, CHAPTER 345—Career Schools, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors345.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 345, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano345.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.