Violations and Penalties

(a)Each of the following acts constitutes a misdemeanor in the second degree:

(1)Operating a private post-secondary institution without a valid, active certificate issued pursuant to this Chapter.

(2)Obtaining or attempting to obtain a certificate to operate an institution by fraudulent misrepresentation.

(3)Using or attempting to use a certificate that has been suspended or revoked.

(4)Falsifying or attempting to falsify or destroying or attempting to destroy school or other business records relating to the operation of the school with the intent to defraud.

(b)Each of the following acts constitutes a misdemeanor in the third degree:

(1)Knowingly concealing information relating to violations of this Chapter.

(2)Willfully making any false oath or affirmation when required to make an oath or affirmation pursuant to this Chapter. COL 110609 CH. 44 PRIVATE POST-SECONDARY INSTITUTIONS

(c)Each degree, diploma, certificate, program, or course of study offered or conferred in violation of this Chapter shall constitute a separate offense.

(d)A student injured by a violation of this Chapter may bring an action against the owner, director, or administrator of a certified private postsecondary institution for actual damages. A court may, in its discretion, award reasonable attorney’s fees to the prevailing plaintiff.