RN Review for Nurses, Inc. v. State

RN Review for Nurses, Inc. (RN) appeals, from a judgment in favor of the State of California, Council for Private Postsecondary and Vocational Education (Council), State Board of Control (Board), and various named members of the Council and Board holding that the Private Postsecondary and Vocational Education Reform Act of 1989 (Act) (Ed. Code, § 94300 et seq.) requires RN to pay an annual renewal fee for each of the sites at which it offers its educational services. For the reasons stated below, we affirm the judgment.

Factual and Procedural Background

The facts in this action are undisputed. RN is a corporation engaged in the business of providing review courses for recent graduates of nursing schools who are preparing for state certification as nurses. RN offers four-day courses approximately twice a year at various locations throughout the state. The courses are conducted at hotel meeting rooms, college auditoriums or hospital conference rooms.

Council is entrusted with the responsibility for administering and enforcing the provisions of the Act. Council members are appointed representatives from various sectors of the educational community and the general public.…