Bill Text: IL HB0615 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. In a provision concerning school refund policies, provides that refunds shall be in accordance with the requirements of the school's regional or national accrediting agency, if any, or rules that the Department shall promulgate for the purposes of this Section (rather than the National Accrediting Commission of Cosmetology Arts and Sciences and rules that the Department shall promulgate for purposes of this Section). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0506 [HB0615 Detail]

Download: Illinois-2009-HB0615-Enrolled.html

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HB0615 Enrolled LRB096 04300 ASK 14346 b
AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 is amended by changing Section 3B-13 as
follows:
(225 ILCS 410/3B-13)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-13. Rules; refunds. Schools regulated under this
Section shall issue refunds based on the following schedule.
The refund policy shall provide that:
(1) Schools shall, when a student gives written notice
of cancellation, provide a refund in the amount of at least
the following:
(a) When notice of cancellation is given within 5
days after the date of enrollment, all application and
registration fees, tuition, and any other charges
shall be refunded to the student.
(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

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books or materials which have been provided by the
school and retained by the student.
(c) When notice of cancellation is given after the
student's completion of the first day of class
attendance but prior to the student's completion of 5%
of the course of instruction, the school may retain the
application and registration fee and an amount not to
exceed 10% of the tuition and other instructional
charges or $300, whichever is less, plus the cost of
any books or materials which have been provided by the
school.
(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.
(2) Applicants not accepted by the school shall receive
a refund of all tuition and fees paid.
(3) Application and registration fees shall be
chargeable at initial enrollment and shall not exceed $100.

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(4) Deposits or down payments shall become part of the
tuition.
(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. Written acknowledgement is not necessary if
a refund has been mailed to the student within the 15
calendar days.
(6) If the school cancels or discontinues a course, the
student shall be entitled to receive from the school such
refund or partial refund of the tuition, fees, and other
charges paid by the student or on behalf of the student as
is provided under rules promulgated by the Department.
(7) Except as otherwise provided by this Act, all
student refunds shall be made by the school within 45
calendar days after the date of notice of the student's
cancellation or the date that the school determines that
the student has officially or unofficially withdrawn.
(8) A student shall give notice of cancellation to the
school in writing. The unexplained absence of a student
from a school for more than 30 consecutive calendar days
shall constitute constructive notice of cancellation to
the school. For purposes of cancellation, the cancellation
date shall be the last day of attendance.
(9) A school may make refunds which exceed those
required by this Section.

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(10) Each student and former student shall be entitled
to receive from the school that the student attends or
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. A
reasonable fee, not exceeding $2, may be charged by the
school for each transcript after the first free transcript
that the school is required to provide to a student or
former student under this Section.
(Source: P.A. 94-451, eff. 12-31-05; 95-343, eff. 1-1-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.