Section 10a-22c - (Formerly Sec. 10-7c). When certificate to operate shall not be authorized or may be denied. Requirements for issuance of certificate. Seizure of letter of credit. Notice of decision(a) No certificate to operate a private career school shall be authorized by the commissioner, or the commissioner's designee, if (1) any principal, officer, member or director of the applicant school has acted in a similar capacity for a private career school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness to operate for the period of time for which authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or unfair; (4) the applicant school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation with the commissioner; (5) the applicant school fails to satisfactorily meet the criteria set forth in subsection (g) of section 10a-22b, or, on and after the effective date of regulations adopted pursuant to section 10a-22k, the criteria set forth in such regulations; (6) a private career school that has previously closed fails to follow the procedures for school closure under section 10a-22m; or (7) the applicant school does not have a director located at the school and at each of its branches in this state.(b) The commissioner may deny a certificate of authorization if the person who owns or intends to operate a private career school has been convicted in this state, or any other state, of larceny in violation of section 53a-122 or 53a-123; identity theft in violation of section 53a-129b or 53a-129c; forgery in violation of section 53a-138 or 53a-139; or has a criminal record in this state, or any other state, that the commissioner reasonably believes renders the person unsuitable to own and operate a private career school. A refusal of a certificate of authorization under this subsection shall be made in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.(c) No certificate to operate a private career school shall be issued by the commissioner pursuant to section 10a-22d until such private career school seeking authorization files with the commissioner certificates indicating that the buildings and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement officer within the municipality in which such school is located.(d) No certificate to operate a new private career school shall be issued by the commissioner pursuant to section 10a-22d until such private career school seeking authorization files with the commissioner an irrevocable letter of credit issued by a bank with its main office or branch located within this state in the penal amount of forty thousand dollars guaranteeing the payments required of the school to the private career school student protection account in accordance with the provisions of section 10a-22u, except that, any letter of credit issued on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in a penal amount specified in such regulations. The letter of credit shall be payable to the private career school student protection account in the event that such school fails to make payments to the account as provided in subsection (a) of section 10a-22u or in the event the state takes action to reimburse the account for a tuition refund paid to a student pursuant to the provisions of section 10a-22v, provided the amount of the letter of credit to be paid into the private career school student protection account shall not exceed the amounts owed to the account. In the event a private career school fails to close in accordance with the provisions of section 10a-22m, the commissioner may seize the letter of credit, which shall be made payable to the private career school protection account.(e) The commissioner shall notify the applicant private career school, by certified mail, return receipt requested of the decision to grant or deny a certificate of authorization not later than sixty days after receiving the written report of the evaluation team appointed pursuant to subsection (e) of section 10a-22b.Conn. Gen. Stat. § 10a-22c
(P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294 , S. 3 , 17 ; P.A. 05-60 , S. 1 ; P.A. 06-150 , S. 3 ; P.A. 09-99 , S. 2 ; P.A. 12-156 , S. 24 ; P.A. 16-155 , S. 6 .)
Amended by P.A. 24-0081,S. 139 of the Connecticut Acts of the 2024 Regular Session, eff. 5/30/2024.Amended by P.A. 22-0123, S. 13 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.Amended by P.A. 16-0155, S. 6 of the Connecticut Acts of the 2016 Regular Session, eff. 7/1/2016.Amended by P.A. 12-0156, S. 24 of the the 2012 Regular Session, eff. 6/15/2012.Amended by P.A. 09-0099, S. 2 of the the 2009 Regular Session, eff. 7/1/2009.