Public Act 096-0506
 
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    (Section scheduled to be repealed on January 1, 2016)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
        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.
        (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.
        (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.

Effective Date: 8/14/2009