8 CCR 1504-1-VII - [Effective until 4/1/2024] DECEPTIVE TRADE AND SALES PRACTICES

As clarification and in furtherance of the protections against the deceptive trade and sales practices outlined in the Private Occupational Education Act of 1981, as amended, a school shall comply with the following:

A. A guarantee of placement shall not be falsely promised or implied.

B. If a school located within the State of Colorado refers to the fact that it is approved, the school will use the following phraseology as it pertains to its approved educational programs or courses only: "Approved and Regulated by the Colorado Department of Higher Education, Private Occupational School Board."

C. Distance education shall be disclosed in the school's advertising and promotional materials that distance education is the primary instructional methodology.

D. A school or other representative shall not falsely or deceptively represent that the school has restrictions on enrollment as to number, date of submission of application or similar false representations.

E. A school or its agents and representatives shall not make or perpetuate any false or deceptive statements in regard to any other postsecondary school or college, whether public or private, nor shall a school or agent recruit students who are currently enrolled in another school.

F. A school shall advertise only in its approved name.

G. All schools shall satisfy the requirements of this section by including the school name, a phone number, street address, city, and location where training is to be offered in all print advertising including electronic media.

H. A school shall not represent directly or by implication that there is a substantial demand for persons completing any of the programs offered by the institution unless the institution has a reasonable basis for the representation documented by competent, objective, and statistically valid data.

I. A school shall clearly indicate in its advertising and promotion materials that education and/or occupational training is being offered.

J. A school may use only testimonials that accurately reflect current practices of the institution or current conditions or current employment opportunities in the field. Such testimonials may be used if prior written consent is obtained and no remuneration or other consideration is made for either the consent or the use of the endorsement.

K. A school may advertise that it is endorsed by manufacturers, business establishments, organizations or individuals engaged in the line of work for which it provides training, if the school has written evidence of this fact and this evidence is made available to the student.

L. No school may advertise "accredited" unless such status has been received and maintained from an accrediting body currently listed as recognized by the U.S. Secretary of Education or is accredited by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit the freestanding, single purpose institution of construction education. This refers to the U.S. Department of Education's List of Agencies (Eff. Oct. 2019), available electronically at https://ope.ed.gov/dapip/#/agency-list (later amendments not incorporated), or the Council for Higher Education Accreditation's Directory of Recognized Accrediting Organizations (Updated July 2021), available electronically at https://www.chea.org/chea-recognized-accrediting-organizations (later amendments not incorporated). The U.S. Department of Education is located at 1244 Speer Blvd., Ste. 310, Denver, CO 80204. The Council for Higher Education Accreditation is located at One Dupont Circle NW, Suite 510, Washington, DC 20036. The Colorado Division of Private Occupational Schools maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours. Upon request, the Colorado Division of Private Occupational Schools will provide an electronic copy for free or a printed copy for a reasonable per page charge.

M. No school may offer access to Title IV funds without approval to participate in the Title IV student federal fund program from the United States Department of Education. This refers to the Higher Education Act of 1965, P.L. 89-329, § 401, 79 Stat . 1219, 1232-1254 (1965), available electronically at https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79-Pg1219.pdf. Later amendments not incorporated. The U.S. Department of Education is located at 1244 Speer Blvd., Ste. 310, Denver, CO 80204. The Colorado Division of Private Occupational Schools maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours. Upon request, the Colorado Division of Private Occupational Schools will provide an electronic copy for free or a printed copy for a reasonable per page charge.

N. A school shall not advertise as an employment agency or the equivalent.

O. A school shall not deceptively advertise in conjunction with any other business or establishment.

P. A school may not follow-up employer help wanted advertisement with offers of training.

Q. Any school which has an agency shall not advertise in the help wanted section for that agency.

R. Any school or agency which offers classes at "no charge" but receives direct or indirect payment of fees or other pecuniary benefits or considerations, "for other services including publications, photo sessions and workshops" is considered to be a school and is required to hold a Certificate of Approval from the Board.

S. Students who apply for and properly represent their financial aid application and do not qualify for financial aid within the first two weeks of classes and are accepted on the basis of forthcoming financial aid eligibility shall not be referred to a collection agency.

T. All flight schools/flying clubs/individuals advertising commercial advanced training and collecting prepaid tuition and fees must hold a Certificate of Approval.

U. All Federal Aviation Administration Part 141 and/or Part 147 approved flight schools and/or maintenance schools must hold a Certificate of Approval. This refers to the FFA Aeronautics and Space Rule, 14 C.F.R. §§ 141, 147 (2019), available electronically at https://www.ecfr.gov/cgi-bin/text-idx?SID=5704117b53d59554801670a843884cf4&mc=true&node=pt14.3.141&rgn=div5 and https://www.ecfr.gov/cgi-bin/text-idx?SID=197bd38b282991600e4da161e10e4fdf&mc=true&node=pt14.3.147&rgn=div5, respectively. Later amendments not incorporated. The Federal Aviation Administration's Flight Standards District Office is located at 26805 East 68th Ave., Ste. 200, Denver, CO 80249. The Colorado Division of Private Occupational Schools maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours. Upon request, the Colorado Division of Private Occupational Schools will provide an electronic copy for free or a printed copy for a reasonable per page charge.

V. Institutions placing advertisements in classified columns of newspapers or other publications to attract students must use only classifications such as: "Education," "Schools," or "Instruction." Headings such as "Help Wanted," "Employment," "Career Opportunity," or "Business Opportunities" may be used only to procure employees for the institution.

Notes

8 CCR 1504-1-VII

40 CR 01, January 10, 2017, effective 1/31/2017 41 CR 10, May 25, 2018, effective 6/14/2018 44 CR 05, March 10, 2021, effective 4/1/2021 45 CR 04, February 25, 2022, effective 4/1/2022 46 CR 04, February 25, 2023, effective 4/1/2023