1. (a) An institution shall pay the fees established by Article 17 of the Act. A failure to include a fee with an application or other request renders the application or request incomplete.
2. (b) All fees lawfully collected are non-refundable.
3. (c) A fee that is not paid timely is subject to penalty as set forth in section 94931 of the Code.

4. (d) The Bureau shall deny a renewal of an approval to operate if the institution fails to submit at the time it files its application for renewal of an approval to operate: all unpaid fees; penalty fees; penalties; orders for reimbursement of costs and expenses; and assessments for, and reimbursement of all payments made to students from, the Student Tuition Recovery Fund.

   1. (2) Any proceeding to revoke an institution's approval to operate is subject to the provisions of Chapter 5 of the Administrative Procedures Act. If a hearing is requested, it shall be limited to the issues of whether any fee or penalty was owed and, if so, whether the fee or penalty were paid when originally due.
   2. (3) The procedure specified in this subdivision is cumulative to any other right or remedy the Bureau may invoke against an institution which fails to pay its annual fee or a penalty fee when originally due. Nothing in this subdivision restricts the Bureau's authority to bring other administrative or judicial action against an institution that fails to pay its fees when due.
   3. (4) An institution whose approval to operate was revoked because of nonpayment of an annual fee or penalty fee may seek to obtain approval to operate only by filing an application for a new approval to operate.

   (e)(1) If an institution fails to pay any fee and any penalty fees timely, the Bureau may initiate proceedings to revoke the institution's approval to operate for failure to pay fees.

Note: Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94930.5, 94931.5, 94932 and 94933, Education Code.

History

1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 3-12-92 order including amendment of subsections (f)(1), (f)(3) and (f)(4) and repealer and new subsection (f)(2) transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).

3. Change without regulatory effect amending section and Note filed 10-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).

4. Renumbering of former chapter 5 to chapter 4 (articles 1-3, sections 74000-74200) and amendment of section heading, section and Note 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.

5. Renumbering of former chapter 5 to chapter 4 (articles 1-3, sections 74000-74200) and amendment of section heading, section and Note 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.

6. Certificate of Compliance as to 7-30-2010 order, including repealer of subsection (c) and subsection relettering, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).