15-18.1-06. Prohibition - Penalty

15-18.1-06. Prohibition - Penalty

1. A person may not:

a. Operate, in this state, a postsecondary educational institution not exempted from

the provisions of this chapter, unless the institution has a currently valid

authorization to operate issued under this chapter.

b. Instruct or educate, or offer to instruct or educate, including advertising or

soliciting for such purpose, enroll or offer to enroll, contract or offer to contract

with any person for such purpose, or award any educational credential, or

contract with any institution or party to perform any such act, at a facility or

location in this state unless the person observes and complies with the minimum

standards and criteria established by the board and the policies adopted by the

board.

c. Use the term "university", "institute", or "college" without authorization to do so

from the board.

d. Grant, or offer to grant, educational credentials, without authorization to do so

from the board.

2. A person who violates this section, or who fails or refuses to deposit with the board the

records required by the board under this chapter, is subject to a civil penalty not to

exceed one thousand five hundred dollars for each violation. Each day's failure to

comply with these provisions is a separate violation. The fine may be imposed by the

board consistent with board policy and procedure.

3. A person who willfully violates this section, or who willfully fails or refuses to deposit

with the board the records required by the board under this chapter, is guilty of a

class B misdemeanor. The criminal sanctions may be imposed by a court of competent

jurisdiction in an action brought by the attorney general of this state or a state's

attorney pursuant to section 15-18.1-12.

4. The board may suspend or revoke a person's authorization to offer distance education

to North Dakota residents until the person complies with the national council for state

authorization reciprocity agreements membership requirements, unless the person is

exempt under section 15-18.1-18.

5. The North Dakota university system office will notify in writing a person found to be out

of compliance and the person will have thirty days to remedy the deficiency. If the

deficiency is not remedied within the thirty-day period, penalties may be assessed

under subsection 2.