HOUSE BILL NO. 36 Offered January 11, 2006 Prefiled December 8, 2005 A BILL to amend and reenact § 23-276.12 of the Code of Virginia, relating to violations of the chapter on regulation of certain private and out-of-state institutions of higher education; civil penalty. ---------- Patron-- Tata ---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 23-276.12 of the Code of Virginia is amended and reenacted as follows:

§ 23-276.12. Violations; criminal penalty; injunction proceeding; civil penalty.

A. Violations of this chapter or the Council's implementing regulations shall may be punishable as a Class 1 misdemeanor. Each degree, diploma, certificate, program, or course of study offered, conferred, or used in violation of this chapter or the Council's regulations shall constitute a separate offense.

B. The Council may also institute a proceeding in equity to enjoin any violation of this chapter or its implementing regulations. Further, if no criminal prosecution is instituted against such postsecondary school pursuant to subsection A, the Council shall have the authority to recover a civil penalty of at least $200 but not more than $2,500 per violation, with each unlawful act constituting a separate violation. In no event shall the civil penalties against any one person, corporation, or other entity exceed $25,000 per year.

C. Upon substantially prevailing on the merits of the case and unless special circumstances would render such an award unjust, the Council shall be entitled to an award of reasonable attorney's fees and costs in any action to enjoin violations of this chapter or its implementing regulations.