Current through the 2023 Legislative Sessions
Section 15-18.1-06 - Prohibition - Penalty1. A person may not: a. Operate, in this state, a postsecondary educational institution not exempted from the provisions of this chapter, unless the institution has a currently valid authorization to operate issued under this chapter. b. Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, at a facility or location in this state unless such person, group, or entity observes and is in compliance with the minimum standards and criteria established by the board and the policies adopted by the board. c. Use the term "university", "institute", or "college" without authorization to do so from the board. d. Grant, or offer to grant, educational credentials, without authorization to do so from the board. 2. A person who violates this section, or who fails or refuses to deposit with the board the records required by the board under this chapter, is subject to a civil penalty not to exceed one hundred dollars for each violation. Each day's failure to comply with these provisions is a separate violation. The fine may be imposed by the board in an administrative proceeding or by any court of competent jurisdiction. 3. A person who willfully violates this section, or who willfully fails or refuses to deposit with the board the records required by the board under this chapter, is guilty of a class B misdemeanor. The criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the attorney general of this state or a state's attorney pursuant to section 15-18.1-12. Added by S.L. 2013, ch. 137 (HB 1103),§ 1, eff. 8/1/2013.