Section 5-A8119. REFUND POLICIES

 

8119.1A school shall furnish to the Commission a schedule of its tuition and fees and its prepaid tuition plan and refund policy.

 

8119.2A school shall provide each student a period of seventy-two (72) hours to rescind any contract and to receive a refund of all prepaid tuition unless the student has entered training. This period shall commence from the date of signing, but shall not include or end on any Saturday or Sunday or legal holiday. This subsection shall not apply if a student has begun instruction. For purposes of this Chapter, a student has begun instruction upon attendance of one or more classes.

 

8119.3A school shall provide each student, in a contract or on a separate sheet, notice of the student's right to rescind the contract within seventy-two (72) hours of signing and notice of the fact that, upon rescission, the school shall refund all prepaid tuition advanced to the school unless the student has begun instruction.

 

8119.4A school shall provide each student a copy of the school's tuition plan and refund policy at the time of enrollment.

 

8119.5The Commission shall approve each school's refund policy only when it provides that the amount retained by the school does not exceed an amount calculated in accordance with the following standards:

 

(a)A reasonable nonrefundable enrollment or registration fee shall be stated in the contract or separately and shall not exceed the lesser of twenty percent (20%) of the total cost of the course or one hundred dollars ($ 100);

 

(b)If a student begins instruction and withdraws or is discontinued for any reason after instruction begins prior to completion of sixty percent (60%) of the scheduled program, the school shall refund to the student a sum which is the exact pro rata portion of tuition unexpended by the student, rounded to the nearest ten percent (10%), less any unpaid non-tuition charges owed by the student for the period of enrollment for which the student has been charged, and less a reasonable administrative fee not to exceed the lesser of five percent (5%) of the tuition or one hundred dollars ($ 100).

 

8119.6The prorated amount under § 2219.5(b) shall be determined by the ratio of the number of weeks or lessons in series of instruction completed by the student to the total number of weeks or lessons 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.

 

8119.7No school shall request or accept more than thirty percent (30%) of the total tuition prior to commencement of the program or schedule.

 

8119.8A school shall make every effort to ensure that enrolled students intend to complete the program in which enrolled.

 

8119.9A school shall keep adequate records 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 ninety (90) days after the end of the scheduled program for which the student was enrolled.

 

source

Final Rulemaking published at 37 DCR 6619, 6628 (October 19, 1990); as amended by Final Rulemaking published at 51 DCR 87-88(January 2, 2004).