2017 ORS 345.120¹
Investigations
  • probation
  • notice for corrective action or revocation of licenses

(1) On the written complaint of any person, the Higher Education Coordinating Commission shall, and on the commission’s own motion may, investigate the actions of any career school or agent, or any person who assumes to act in either capacity within this state.

(2) After receiving a written complaint or deciding to proceed to an investigation on its own motion under subsection (1) of this section, the commission shall notify the career school that is the subject of the investigation. When conducting an investigation under this section, the commission shall engage with both the career school under investigation and with any affected students.

(3) As a result of the investigation, and in addition to any penalty that may be imposed under ORS 345.992 (Civil penalties), the commission may issue a notice for corrective action or, subject to the procedures set forth in subsection (4) of this section, may suspend or revoke any license issued under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) when the licensee has:

(a) Obtained a license by misrepresentation.

(b) Violated ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) or any applicable rule.

(c) Ceased to engage in the business authorized by the license.

(d) Willfully used or employed any method, act or practice declared unlawful by ORS 646.608 (Additional unlawful business, trade practices).

(4)(a) When notice of suspension or revocation is issued, the licensee shall be notified and, upon request, shall be granted a contested case hearing under ORS 183.310 (Definitions for chapter) (2).

(b) If a licensee requests a contested case hearing under this subsection, the suspension or revocation may take effect only after a hearing officer determines that there is proper cause.

(5) A licensee that is issued a notice for corrective action must be formally notified by the commission that it has deficiencies that must be corrected within a time specified in the notice.

(6) A licensee whose license is suspended is prohibited from advertising, recruiting or enrolling students but may remain in operation to complete training of students enrolled on the effective date of the suspension.

(7) A licensee whose license has been revoked is not authorized to continue in operation on and after the effective date of the revocation. [Amended by 1965 c.409 §3; 1975 c.478 §13; 1989 c.333 §12; 1993 c.45 §265; 1995 c.343 §11; 2012 c.104 §32; 2017 c.422 §1]

Note: The amendments to 345.120 (Investigations) by section 1, 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.

345.120 (Investigations). (1) On the written complaint of any person, the Higher Education Coordinating Commission shall, and on the commission’s own motion may, investigate the actions of any career school or agent, or any person who assumes to act in either capacity within this state.

(2) As a result of the investigation, and in addition to any penalty that may be imposed under ORS 345.992 (Civil penalties), the commission may place a licensee on probation or may suspend or revoke any license issued under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) when the licensee has:

(a) Obtained a license by misrepresentation.

(b) Violated ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee) or any applicable rule.

(c) Ceased to engage in the business authorized by the license.

(d) Willfully used or employed any method, act or practice declared unlawful by ORS 646.608 (Additional unlawful business, trade practices).

(3) When notice of suspension or revocation is issued, the licensee shall be notified and, upon request, shall be granted a contested case hearing under ORS 183.310 (Definitions for chapter) (2).

(4) A licensee placed on probation must be formally notified by the commission that it has deficiencies that must be corrected within a time specified in the notice.

(5) A licensee whose license is suspended is prohibited from advertising, recruiting or enrolling students but may remain in operation to complete training of students enrolled on the effective date of the suspension.

(6) A licensee whose license has been revoked is not authorized to continue in operation on and after the effective date of the revocation.

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.