§ 5003. Disciplinary actions, hearings and penalties. 1. Disciplinary\naction. a. The commissioner for good cause, after affording a school an\nopportunity for a hearing, may take disciplinary action as hereinafter\nprovided against any school authorized to operate under this article.\n b. Good cause shall include, but not be limited to, any of the\nfollowing:\n (1) fraudulent statements or representations to the department, the\npublic or any student in connection with any activity of the school;\n (2) violation of any provision of this article or regulation of the\ncommissioner;\n (3) conviction or a plea of no contest on the part of any owner,\noperator, director or teacher:\n (A) of any of the following felonies defined in the penal law: bribery\ninvolving public servants; commercial bribery; perjury in the second\ndegree; rewarding official misconduct; larceny, in connection with the\nprovision of services or involving the theft of governmental funds;\noffering a false instrument for filing, falsifying business records;\ntampering with public records; criminal usury; scheme to defraud; or\ndefrauding the government; or\n (B) in any other jurisdiction of an offense which is substantially\nsimilar to any of the felonies defined in clause (A) of this\nsubparagraph and for which a sentence to a term of imprisonment in\nexcess of one year was authorized and is authorized in this state\nregardless of whether such sentence was imposed; or\n (4) incompetence of any owner or operator to operate a school.\n c. (1) Any person who believes he or she has been aggrieved by a\nviolation of this section, except a person aggrieved by the actions or\nomissions of a candidate school, shall have the right to file a written\ncomplaint within: (A) two years of the alleged violation; or (B) one\nyear of receiving notification from the higher education services\ncorporation or any other guarantee agency that the student has defaulted\non a student loan payment; provided, however, that no complaint may be\nfiled after three years from the date of the alleged violation. The\ncommissioner shall maintain a written record of each complaint that is\nmade. The commissioner shall also send to the complainant a form\nacknowledging the complaint and requesting further information if\nnecessary and shall advise the director of the school that a complaint\nhas been made and, where appropriate the nature of the complaint.\n (2) The commissioner shall within twenty days of receipt of such\nwritten complaint commence an investigation of the alleged violation and\nshall within ninety days of the receipt of such written complaint, issue\na written finding. The commissioner shall furnish such findings to the\nperson who filed the complaint and to the chief operating officer of the\nschool cited in the complaint. If the commissioner finds that there has\nbeen a violation of this section, the commissioner shall take\nappropriate action.\n (3) The commissioner may initiate an investigation without a\ncomplaint.\n (4) Notwithstanding the provisions of subparagraph one of this\nparagraph or any other provision of this article to the contrary, a\nstudent at a candidate school shall have the right to file a written\ncomplaint from an alleged violation of the provisions of clause three of\nsubparagraph (iv) of paragraph b of subdivision four of section five\nthousand one of this article that require disclosure of candidacy status\nand its implications and a signed attestation by the student, within two\nyears of such violation. Upon a finding that such a violation has\noccurred, the candidate school shall be required to provide a refund of\nall monies and fees received from or on behalf of the student.\nAppropriate action shall also be taken against the candidate school\npursuant to the provisions of subparagraph (iv) of paragraph b of\nsubdivision four of section five thousand one of this article.\n (5) No owner, operator, licensed personnel, or agent thereo
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