Section 16-1211. REFUND POLICIES

 

1211.1Each school shall furnish the Department with a schedule of its tuition and fees and its prepaid tuition plan and refund policy.

 

1211.2Each student shall be provided seventy-two (72) hours to rescind any contract and repayment of all fees and tuition. This period will commence from the date of the signing but will not include or end on any Saturday or Sunday or legal holiday.

 

1211.3Each student shall be provided, on a separate sheet, notice of the student's right to rescind the contract with seventy-two (72) hours of signing and notice of the fact that, upon rescission, the student will be returned all monies advanced to the school.

 

1211.4Each student shall be provided a copy of the school's tuition plan and refund policy at the time of enrollment.

 

1211.5Each school's refund policy shall be approved by the Department only when it is such that the amount retained by the school does not exceed an amount calculated in accordance with the following standards:

 

(a)The enrollment or registration fee shall be separately stated and the non-refundable portion thereof shall either be twenty percent (20%) of the total cost of the course or fifty dollars ($ 50), whichever is less; Provided, that this refund policy shall apply only after the seventy-two (72) hour period immediately following signing has expired;

 

(b)All monies paid in excess of the nonrefundable portion of the enrollment or registration fee shall be refunded when an enrolled student requests, in the manner provided in the contract, cancellation before his or her scheduled class(es) begin(s); Provided, that this provision shall not apply to non-immigrant alien students as defined in § 1499; and

 

(c)If a student enters training and withdraws or is discontinued from training prior to completion of seventy-five percent (75%) of the scheduled program, the school shall refund to the student a sum which does not vary more than ten percent (10%) from the exact pro rata portion of refundable tuition unexpended by the student.

 

1211.6The prorated amount under § 1211.5(c) shall be determined by the ratio of the number of weeks or lessons in series serviced by the school of instruction completed by the student to the total number of weeks of instruction offered. Any portion of a week's attendance by a student shall be considered a full week's attendance for the purpose of this section. In the case of correspondence schools, any portion of a lesson in series shall be considered as a completed series.

 

1211.7No school shall request nor accept more than ten percent (10%) of the total tuition prior to commencement of the program or schedule. This requirement shall not apply to non-immigrant alien students.

 

1211.8Each school shall make every effort to ensure that enrolled students intend to complete the respective schedules or wish to withdraw.

 

1211.9Adequate records shall be kept to ensure that students who delay in requesting a refund are accommodated; Provided, that the school is not required to honor a refund request submitted subsequent to the end of the scheduled program for which the student was enrolled.

 

1211.10Any refund required to be made to a nonimmigrant alien student by the provisions of this section shall be payable to that student as follows:

 

(a)Within thirty (30) days after the Immigration and Naturalization Service of the United States has certified to the school which is obligated to make the refund that the non-immigrant alien student has departed from the United States; and

 

(b)Only in the legal currency of the country of which the non-immigrant alien student is a citizen.