CONCURRING STATEMENT OF COMMISSIONER ORSON SWINDLE
When the Commission issued its revised guides for vocational schools, I dissented on the ground that the guides were not needed because these schools were already subject to the standards of and regulation by the United States Department of Education, state licensing boards, and private accreditation bodies. I also explained that these federal and state regulatory bodies should act in the first instance to enforce their standards to address misrepresentations by vocational schools. If their enforcement efforts are unsuccessful, then Commission law enforcement action may be justified. Because the respondents continued to make misrepresentations even after the United States Department of Education terminated their participation in a federal loan program and after state authorities twice issued citations to them, Commission law enforcement action here is warranted.