HB 4641 — COSMETOLOGY-SCHOOLS-REFUNDS

*LRB09516643RAS42674b* HB4641 95THEngrossed GENERALLRB095 ASSEMBLY16643 StateRAS of42674 Illinoisb andAN 2008ACT HB4641concerning byregulation. Rep.

Elizabeth Coulson SYNOPSIS AS INTRODUCED:

ILCS 410/3B-13 1985.

In a provision concerning school refund policies, removes a reference to the National Accrediting Commission of Cosmetology Arts and Sciences.

LRB095 16643 RAS 42674 b A BILL FOR HB4641 LRB095 16643 RAS 42674 b AN ACT concerning regulation.

(b) When notice of cancellation is given after the fifth day following enrollment but before the completion of the student’s first day of class attendance, the school may retain no more than the application and registration fee, plus the cost of any HB4641 Engrossed - 2 - LRB095 16643 RAS 42674 b books or materials which have been provided by the school and retained by the student.

(d) When a student has completed 5% or more of the course of instruction, the school may retain the application and registration fee and the cost of any books or materials which have been provided by the school but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school’s regional or national accrediting agency, if any, or National Accrediting Commission of Cosmetology Arts and Sciences and rules that the Department shall promulgate for purposes of this Section.

HB4641 Engrossed - 3 - LRB095 16643 RAS 42674 b (4) Deposits or down payments shall become part of the tuition.

HB4641 - 3 - LRB095 16643 RAS 42674 b (5) The school shall mail a written acknowledgement of a student’s cancellation or written withdrawal to the student within 15 calendar days of the date of notification.

HB4641 Engrossed - 4 - LRB095 16643 RAS 42674 b (10) Each student and former student shall be entitled to receive from the school that the student attends or HB4641 - 4 - LRB095 16643 RAS 42674 b attended an official transcript of all hours completed by the student at that school for which the applicable tuition, fees, and other charges have been paid, together with the grades earned by the student for those hours, provided that a student who withdraws from or drops out of a school, by written notice of cancellation or otherwise, shall not be entitled to any transcript of completed hours following the expiration of the 7-year period that began on the student’s first day of attendance at the school.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those HB4641 Engrossed - 5 - LRB095 16643 RAS 42674 b suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.