| (4) with regard to assessment of such specific administrative
penalties, each degree conferred without authority, and each person
enrolled in a course or courses at the institution whose decision
to enroll was influenced by the misrepresentations, constitutes a
separate offense.
(j) Other Administrative Penalties-
(1) Any person or institution that violates subsection
(a)(4) of this section shall be assessed an administrative penalty
of not less than $1,000 or more than $3,000.
(2) Any person or institution that fails to maintain
in a manner specified by the Board in §7.15 of this chapter (relating
to Academic Records Maintenance, Protection, and Repository of Last
Resort) the academic records of enrolled or former students, including
records of credits and degrees awarded, or that fails to protect the
personally identifiable information of enrolled or former students
shall be assessed an administrative penalty of not less than $100
or more than $500 for each student whose academic record was not maintained
or whose personally identifiable information was not protected.
(k) Specific Administrative Penalties for Agents--Any
agent who solicits students for enrollment in an institution subject
to the provisions of this subchapter without a Certificate of Registration
shall be assessed an administrative penalty of not less than $500
or more than $1,000. Each student solicited without authority constitutes
a separate offense.
(l) Termination of Operation--Any operations which
are found to be in violation of the law shall be terminated.
(m) Report to Attorney General--The Commissioner may
report possible violations of this subchapter to the attorney general.
The attorney general, after investigation and consultation with the
Board, shall bring suit to enjoin further violations.
(n) Venue--An action for an injunction under this section
shall be brought in a district court in Travis County.
(o) Civil Penalties--A person who violates this subchapter
or a rule adopted under this subchapter is liable for a civil penalty
in addition to any injunctive relief or any other remedy allowed by
law. A civil penalty may not exceed $1,000 a day for each violation.
(p) Civil Litigation--The attorney general, at the
request of the Board, shall bring a civil action to collect a civil
penalty under this section.
(q) Deceptive Trade Practice Act--A person who violates
this subchapter commits a false, misleading, or deceptive act or practice
within the meaning of the Texas Business and Commerce Code, §17.46.
(r) Applicability of Other Law--A public or private
right or remedy under the Texas Business and Commerce Code, Chapter
17, may be used to enforce this section.
|
| Source Note: The provisions of this §7.5 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395 |
