NAC394.590. Promotional materials: Prohibitions.

     1. The promotional materials of an institution must not:

     (a) Use any name, label or insigne which is likely to be misleading or deceptive with respect to the true nature and operation of the institution.

     (b) Use a name or other description to indicate falsely that it is a part of a state or the Federal Government.

     (c) Represent that it is an employment agency or authorized training facility for another industry so as to conceal the fact that it is an institution.

     (d) Falsely represent that any of its programs are accredited.

     (e) Represent that students completing a course or program of instruction may transfer credit to an accredited institution of higher education unless the institution can document that the credit is transferable.

     (f) Misrepresent the size, reputation, location, facilities or equipment of the institution through the use of photographs, illustrations, written or oral descriptions, or any other depictions.

     (g) Use quantitative superlatives, such as biggest, largest, or highest placement rate in its advertising unless the terms are qualified in the advertisement itself and the institution has, in its possession, evidence to support its claim.

     (h) Misrepresent the nature or effectiveness of any course, equipment or methods of training.

     (i) Misrepresent the qualifications, training or experience of its faculty or personnel.

     (j) Falsely represent that it will provide or arrange for full- or part-time employment while the student is undergoing instruction.

     (k) Falsely represent that only those who make an acceptable grade or complete successfully a certain test will be admitted.

     (l) Falsely represent that applications for enrollment will be considered for only a limited period of time or that they must be submitted by a certain date.

     (m) Solicit students by means of listings under captions, such as “wanted to train for ....,” “help wanted,” “employment” or “business opportunities,” or by words or terms of similar import which represent directly or by implication that employment is being offered.

     (n) Fail to include the full name and address of the institution and disclose the fact that it is an institution if it is not apparent from its name.

     (o) Falsely represent that a course or courses may be taken for a specified price, or at a saving, or at a reduced price, or otherwise deceive students or prospective students with respect to the cost of a course or any equipment, books or supplies associated with the course.

     (p) Falsely represent that it owns, operates, supervises or has access to a dormitory, eating or other living accommodations.

     (q) Represent that a student who attends the institution can expect a certain level of compensation in his or her future career or employment.

     (r) If the institution operates solely as a correspondence school, distance education school or home study school, fail to include a clear and conspicuous disclosure in immediate conjunction with its trade or business name which discloses that it is a correspondence school, distance education school or home study school, as applicable.

     2. For the purposes of this section, the term “promotional materials” includes documents for advertising, soliciting or public information, such as:

     (a) Advertisements for newspaper, radio and television;

     (b) Broadcasting or public address announcements;

     (c) Brochures, catalogs, mailings or flyers;

     (d) Announcements on bulletin boards and variety advertisers;

     (e) Telephone directories; and

     (f) The Internet, web pages and electronic bulletin boards.

     [Comm’n on Postsecondary Educ., §§ 7.100 & 7.105, eff. 2-28-80]—(NAC A 6-23-86; R026-00, 4-3-2000)