(

a) As a consequence of an investigation, which may incorporate any materials obtained or produced in connection with a compliance inspection, and upon a finding that the institution has committed a violation of this

chapter or that the institution has failed to comply with a notice to comply pursuant to

Section 94935, the bureau shall issue a citation to an institution for violation of this chapter, or regulations adopted pursuant to this chapter. (

b) The citation may contain any of the following:

(1) An order of abatement that may require an institution to demonstrate how future compliance with this

chapter or regulations adopted pursuant to this

chapter will be accomplished.

(2) Notwithstanding

Section 125.9 of the Business and Professions Code, an administrative fine not to exceed five thousand dollars ($5,000) for each violation. The bureau shall base its assessment of the administrative fine on: (

A) The nature and seriousness of the violation. (

B) The persistence of the violation. (

C) The good faith of the institution. (

D) The history of previous violations. (

E) The purposes of this chapter. (

F) The potential harm to students.

(3) An order to compensate students for harm that resulted or may have resulted, including a refund of moneys paid to the institution by or on behalf of the student, as determined by the bureau. (c)

(1) The citation shall be in writing and describe the nature of the violation and the specific provision of law or regulation that is alleged to have been violated.

(2) The citation shall inform the institution of its right to request a hearing in writing within days from service of the citation.

(3) If a hearing is requested, the bureau shall select an informal hearing pursuant to

Article 10 (commencing with

Section 11445.10) of

Chapter 4.5 of Part of Division of Title of the Government Code or a formal hearing pursuant to

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code.

(4) If a hearing is not requested, payment of the administrative fine is due days from the date of service, and shall not constitute an admission of the violation charged.

(5) If a hearing is conducted and payment of an administrative fine is ordered, the administrative fine is due days from when the final order is entered.

(6) The bureau may enforce the administrative fine as if it were a money judgment pursuant to Title 9 (commencing with

Section 680.010) of Part of the Code of Civil Procedure. (

d) All administrative fines shall be deposited in the Private Postsecondary Education Administration Fund.