Louisiana Revised Statutes 17:3140.8 – A. It shall be unlawful for any owner of a school or a representative of a proprietary school offering courses of instruction in this state to:
Terms Used In Louisiana Revised Statutes 17:3140.8
- Commission: means the Advisory Commission on Proprietary Schools. See Louisiana Revised Statutes 17:3140.1
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- School employee: means all instructors, administrators, solicitors, and clerical and office personnel employed by the school. See Louisiana Revised Statutes 17:3140.1
- Solicitor: means a person who solicits business for a proprietary school or who offers to sell or sells in this state any instruction or course of instruction offered by a proprietary school. See Louisiana Revised Statutes 17:3140.1
A. It shall be unlawful for any owner of a school or a representative of a proprietary school offering courses of instruction in this state to:
(1) Operate the school without a valid license.
(2) Operate the school without a valid surety bond or certificate of deposit as required by this Chapter.
(3) Use advertising designed to mislead or deceive prospective students.
(4) Accept a contract from a solicitor who does not hold a valid permit issued in accordance with this Chapter.
(5) Violate any provisions of this Chapter.
B. It shall be unlawful for any person selling or offering to sell courses of instruction in this state to:
(1) Solicit a prospective student without holding a valid permit as required by this Chapter.
(2) Solicit a prospective student without having a surety bond or certificate of deposit as required by this Chapter.
(3) Use fraud or misrepresentation in procuring a student’s enrollment.
(4) Violate any provisions of this Chapter.
C. Any owner, school employee, or solicitor who is found guilty of any act prohibited by this Chapter shall be guilty of a misdemeanor and shall be fined an amount not to exceed five hundred dollars. Each day a violation continues shall constitute a separate offense.
D. If the commissioner of higher education or the commission has probable cause to believe that any owner of a proprietary school or any solicitor who sells or offers to sell any course of instruction has committed any of the acts prohibited by this Chapter, the commissioner of higher education shall petition a court of competent jurisdiction for an injunction against the school or solicitor.
Acts 2019, No. 437, §1.