§ 38–1312. Violations; penalties.

(a) Any person or persons who, directly or indirectly, participate in, aid, or assist in offering postsecondary education or the operation of a postsecondary educational institution by any unlicensed individual or individuals, association, or institution, or by any individual or individuals, association, or institution whose license has been revoked, who advertises or claims any authority to offer education, except pursuant to the provisions of this chapter, or who violates a provision of this chapter shall be guilty of a misdemeanor, and upon conviction in the Superior Court of the District of Columbia shall be punished by a fine of not more than $500.

(a-1) The Commission may impose civil fines and penalties as alternative sanctions for violations of the provisions of this chapter or of rules promulgated under the authority of this chapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Enforcement and adjudication of a violation shall be pursuant to the Civil Infractions Act.

(b) Each day of noncompliance shall constitute a separate violation of this chapter.

(c) Violations of this chapter shall be prosecuted in the District of Columbia Superior Court by the Office of the Attorney General for the District of Columbia.

(d) Nothing contained in this chapter shall preclude any person from being subject to a penalty under provisions of § 28-3904, if the person engages in an unlawful trade practice.

(Apr. 6, 1977, D.C. Law 1-104, § 12; as added Mar. 16, 1989, D.C. Law 7-217, § 2(h), 36 DCR 523; Feb. 27, 2016, D.C. Law 21-74, § 2(h), 63 DCR 252.)

Prior Codifications

1981 Ed., § 31-1612.

Effect of Amendments

The 2016 amendment by D.C. Law 21-74 added (a-1); and substituted “Office of the Attorney General for” for “Corporation Counsel of” in (c).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(h) of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 2(h) of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(h) of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).