1. (a) Upon cancellation of enrollment in an educational program, the institution shall make refunds that are no less than the refunds required under the Act and this Division and shall not enforce any refund policy that is not specified in the catalog as required pursuant to section 94909(a)(8)(B) of the Code.

   1. (1) Student cancellations shall be noticed in writing as required by sections 94919(b) and 94920(a) of the Code.

      1. (A) Institutions shall refund 100 percent of the amount paid for institutional charges, less a reasonable deposit or application fee, not to exceed two hundred fifty dollars ($250), if notice of cancellation is made through attendance at the first class session, or the seventh calendar day after enrollment, whichever is later.
      2. (B) If the institution provides a 100 percent refund pursuant to sections 94919(d) or 94920(b), any Student Tuition Recovery Fund assessment paid pursuant to section 94924 of the Code shall be refunded.
   2. (2) If an institution's educational program is discontinued or canceled or the institution closes prior to completion of the educational program, the institution shall provide refunds to students pursuant to Section 94927 of the Code.
2. (b) If an institution has collected money from, or on behalf of, a student for transmittal on the student's behalf to a third party for a bond, library usage, or fees for a license, application, or examination and the institution has not paid the money to the third party or has not yet been billed or invoiced by the third party at the time of the student's cancellation, the institution shall refund the money to the student within 45 calendar days of the student's cancellation.

3. (c) An institution shall provide a refund within 45 calendar days after the date of cancellation of a student's enrollment from the educational program in which the student was enrolled, and shall provide the student with documentation specifying the amount of a refund, the method of calculating the refund, the date the refund was made, and the name and address of the person or entity to which the refund was sent, as described in section 71920(b)(10).

   1. (1) If a refund is made to a third party on behalf of a student who has cancelled their enrollment in an educational program, the institution shall provide the student, within 45 calendar days after the date of cancellation, a written notice, as described in section 71920(b)(10), in hard-copy or electronic format, itemizing the amount refunded to each third party, the name of the third party, and the date of each refund, as applicable.
4. (d) The institution shall maintain a log, kept current on a monthly basis, in an electronic version or hardcopy of all student cancellations. The log shall include the names, addresses, telephone numbers, personal email addresses, dates of cancellations, and refund amounts of all students who have cancelled the enrollment agreement with the institution during the calendar year.

Note: Authority cited: Sections 94803, 94877, 94885 and 94927, Education Code. Reference: Sections 94885, 94919, 94920 and 94924, Education Code.

History

1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).

4. Amendment of section heading, section and Note filed 11-18-2025; operative 1-1-2026 (Register 2025, No. 47).