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§ 11-107. Remedies for violation of title or rules and regulations

West's Annotated Code of MarylandEducationEffective: July 1, 2020

West's Annotated Code of Maryland
Education (Refs & Annos)
Division III. Higher Education [Titles 10-20] (Refs & Annos)
Title 11. Maryland Higher Education Commission (Refs & Annos)
Subtitle 1. Commission Established and Organized (Refs & Annos)
Effective: July 1, 2020
MD Code, Education, § 11-107
§ 11-107. Remedies for violation of title or rules and regulations
Currentness
In general
(a) The Commission may authorize the Secretary, acting through the Attorney General, to seek an injunction or other judicial remedy for any violation of this title or of the rules and regulations adopted under this title.
Institutions operating without certificates of approval
(b)(1) If an institution of postsecondary education is required to have a certificate of approval from the Commission and is operating without a certificate of approval, the Secretary may:
(i) Issue an order to cease and desist;
(ii) Issue a notice of violation and impose a penalty of up to $5,000; and
(iii) Acting through the Attorney General, seek an injunction or other judicial remedy.
(2) In imposing a penalty under this subsection, the Secretary shall consider:
(i) The seriousness of the violation;
(ii) The harm caused by the violation;
(iii) The good faith of the institution and any corrective actions taken;
(iv) Any history of previous violations; and
(v) Other pertinent circumstances.
Refunds for unapproved programs
(c) For any institution of postsecondary education required to have Commission approval before offering a program, if the institution offers an unapproved program, the Secretary may require the institution to refund all tuition and fees paid by students who enrolled in the program, and may revoke the certificate of approval of any institution that fails to make a required refund within the time specified by the Secretary.
Failure to file essential records of academic achievement
(d) If an institution of postsecondary education does not file all essential records of the academic achievement of a former student with the Commission in accordance with § 11-401 of this title, the Secretary may:
(1) Require the institution to refund all tuition and fees paid by the former student whose records were not filed in accordance with § 11-401 of this title; or
(2) Seek an injunction in accordance with subsection (a) of this section.
Other remedies
(e) The remedies provided in this section are in addition to any other remedies provided by law.

Credits

Added by Acts 1988, c. 246, § 2, eff July 1, 1988. Amended by Acts 2009, c. 465, § 1, eff. Oct. 1, 2009; Acts 2020, c. 554, § 2, eff. July 1, 2020.
MD Code, Education, § 11-107, MD EDUC § 11-107
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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