02-041-27 Me. Code R. § 3-8

Current through 2024-44, October 30, 2024

Section 041-27-3-8 - Tuition, Fees and Refunds

All information in publications and communications shallbe current and up-to-date at all times.

1.Publication of Financial Obligations. Student tuition, fees and refund policies shall be clearly and completely stated in the school's catalog and on the enrollment contract. This information shall also be included on any world wide web school advertisements.

2.Enrollment Contracts. The school's enrollment contract shall clearly describe the obligations of the school and the student. A copy of the enrollment contract shall be made available to the student prior to his or her signing, and a copy of the completed enrollment contract shall be given to the student immediately upon final execution of the enrollment contract.

3.Fees and Charges. A student shall not be charged for any supplies, material, apparatus, tools or equipment provided in the student kit or used in the clinic unless the enrollment contract clearly contains a list of these charges, except that students may be charged for supplies or materials furnished for the student's personal use.

4.Refund Policies. Every school shall adopt a refund policy for cancellation and termination which shall comply with the following:

A. An applicant not accepted by the school shall be entitled to a refund of all monies paid;

B. If a student (or minor student) cancels his or her contract and demands his or her money back in writing within three (3) business days of the signing of the enrollment contract, all monies collected by the school shall be refunded. The cancellation date will be determined by the postmark on the written notification, or the date said information is delivered to the school's director/owner in person. This policy applies whether or not the student has actually started training;

C. If a student (or minor student) cancels his or her contract more than three (3) business days after signing but prior to entering classes, he or she shall be entitled to a refund of all monies paid to the school, less a registration or enrollment fee, as disclosed in the enrollment contract. A school can charge pre-enrollment fees such as a registration fee, application fee, enrollment fee, matriculation fee, etc., provided that the total sum of all such pre-enrollment fees does not exceed $100.00 or 15 percent of the contract price of the course, whichever is less;

D. The Director considers any refund policy to be fair and equitable if it provides for a refund of tuition at least as large as tuition adjustment guidelines promulgated by the National Accreditation Commission of Cosmetology Arts and Sciences;

E. Enrollment time is defined as actual clock hours in attendance to the date of the student's last day of physical attendance in the school. Any monies due the applicant or student shall be refunded within thirty (30) days of formal cancellation by the student, as outlined in paragraphs B and C above, or formal termination by the school, which shall occur no more than thirty (30) days from the last day of physical attendance, or in the case of a leave of absence, the documented date of return;

F. In situations where mitigating circumstances exist, schools are encouraged to adopt a policy whereby the refund to the student may exceed the minimum cancellation and settlement policy;

G. All extra costs that are not included in the tuition price, such as books, equipment and graduation fees, shall be stated in the catalog and contract, and any non-refundable items shall be identified; and

H. Any reasonable termination/withdrawal fee shall be identified in the catalog and on the contract.

5.School Closure Teach-Out Policy. The school shall notify the Director, in writing, within twenty (20) days prior to closure or anticipated closure of the school, together with the reason for the school's closure and the teach-out plan agreement with the receiving school. If a school closes after students have enrolled, or if a course is canceled after students have enrolled and instruction has begun, an applicable teach-out plan for students participating in Title IV student financial assistance programs shall comply with the following requirements:

A. The school shall submit to the Director for approval a sample teach-out plan at the time of initial application. The teach-out plan shall for currency of the plan, be reviewed annually. Any modification to the teach-out plan shall be submitted to the Director for re-approval at least thirty (30) days prior to the anticipated change;

B. The teach-out plan shall offer the student a reasonable opportunity to promptly resume and complete the canceled course(s) of study or substantially similar courses of study at a school(s) that offers similar educational programs and has no business connection with the original institution. The student's academic and financial records shall be transferred to the receiving school;

C. The receiving teach-out school shall not charge the student an amount greater than that for which the student was responsible and has not yet paid to the original school for the period covered by the teach-out plan;

D. In the event of a school closure, the school shall send a written notice to each student at least twenty (20) days prior to the anticipated date of the school's closure. The school shall provide the student with an affidavit of accumulated course credit hours and financial standing report. The school shall publish a notice of the school's closure on the school's website;

E. The school shall work with other licensed schools to establish an agreement by which students will be accepted by the receiving school and the financial amount the receiving school will receive on behalf of the transferring student. The agreement must clearly describe what will be provided to the receiving school regarding each student's financial aid status and condition;

F. A copy of the approved teach-out plan shall be provided to each student at the time of enrollment. If the original teach-out plan is changed after enrollment, the revised plan shall be provided to each student enrolled within ten (10) days of the change; and

G. Students who are not recipients of Title IV federal financial aid shall be entitled to a pro-rata refund of tuition as stated in section 11 of this subchapter.

02-041 C.M.R. ch. 27, § 3-8