20-3-250.14. Filing complaint against nonpublic postsecondary educational institution.

Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a complaint against such institution. A complaint shall be filed with the executive director within a reasonable period of time, as determined by regulations of the commission, after the event giving rise to the complaint. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission’s representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants.#

The executive director shall investigate any such complaint and may, at his or her discretion, attempt to effectuate a settlement by persuasion and conciliation. The executive director shall consider a complaint pursuant to rules, regulations, and procedures promulgated by the commission.#

If, based upon all the evidence at a hearing or other procedure, the executive director finds that a nonpublic postsecondary educational institution has engaged in or is engaging in any act or practice which violates this part or the rules and regulations promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution an order requiring such institution to cease and desist from such act or practice. Additionally, if the executive director finds that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his or her discretion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his or her own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution’s authorization to operate.#