OAR 715-011-0070: Investigation of Career Schools

(1) Upon the written complaint of any person or pursuant to the Commission’s own motion, the Commission or its delegate may investigate the actions of any career school or agent or any person who assumes to act in either capacity within this state. (2) Upon receipt of any written complaint filed under this rule or ORS 345.120(1), the commission shall notify the career school that it is the subject of an investigation. (a) When conducting an investigation, the Commission shall engage with both the career school under investigation and any affected students. (b) The Commission may impose penalties as defined in OAR 715-045-0190 if the school is found to be in violation of any standard or applicable rule. A school may also request a contested case hearing under ORS 183.310(2) upon receipt of the results of an investigation made under this rule. (c) In addition to any penalties, the Commission may also issue a notice for corrective action. If a school has been issued a notice of corrective action, that notice must include specified deficiencies that must be corrected within a specific time frame. (d) A school may request a contested case hearing under 183.310(2) upon the notice of a suspension or revocation of its license based upon an investigation conducted by the Commission finding the school has engaged in conduct described in ORS 345.120 (3)(a) through (d). (e) If a school requests a contested case hearing under 183.310(2), the school may not have its license suspended or revoked unless or until a public hearings officer determines there is proper cause. (f) Sections (a) and (b) of this rule do not limit the statutory authority of the commission to investigate schools regardless of receiving allegations from the public. (g) If the complaint alleges a violation of Oregon Revised statutes 345.010 to 345.070 or standards of OAR 715-045-0006 through 715-045-0220, the complainant may complain directly to the Commission or its delegate under OAR 715-011-0075.