.08 Institutional Renewal Approval Process.
A. An out-of-State institution seeking to continue to operate in Maryland at a previously approved location for an additional year may not operate in Maryland, do business, recruit or enroll students, begin instruction, or promote advanced publicity through advertisements, announcements, or other similar media on proposed courses or programs to be offered in Maryland until it obtains approval from the Secretary in accordance with this chapter.
B. Procedures to Apply for Approval to Continue to Operate in Maryland at a Previously Approved Location.
(1) To receive approval to continue to operate in Maryland at a previously approved location for an additional year, whether to offer previously approved courses and programs or to offer new courses and programs, the chief executive officer shall submit to the Secretary on the forms provided a written application for authorization to continue to operate in Maryland.
(2) With the exception of an out-of-State institution that is located at and part of a regional higher education center, an out-of-State institution shall submit a nonrefundable application fee in the amount of:
(a) $7,500 for up to two degree programs; and
(b) An additional $850 for each degree program over two programs.
(3) The completed application and all supportive documentation for continued operation shall be provided at least 5 months before any existing approval expires.
(4) The application shall include:
(a) Identification of the institution;
(b) Specific mailing address of current operation;
(c) Proposed date of continued operation;
(d) Identification of authorized representatives;
(e) Board of trustees resolution of financial solvency;
(f) Certificate of incorporation as a foreign (out-of-State) corporation, if required by State law;
(g) Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;
(h) Copies of awards;
(i) Programmatic data, including the degree or certificate, the curriculum, and proposed schedule of classes;
(j) A detailed and accurate description of any proposed new programs and operations including:
(i) The degree and certificate programs to be offered by the institution for these programs;
(ii) A description of the objectives of each new degree and certificate program including the mode of instructional delivery;
(iii) A description of the student population to be served; and
(iv) A description of a teach-out plan allowing enrolled students to complete their program if the institution decides to cease operation in Maryland;
(k) Evidence of a critical and compelling regional or Statewide need and demand for the specific new academic degree programs in a specific geographical region of the State in accordance with Regulation .06 of this chapter;
(l) Data projecting market demand and the availability of openings in the job market to be served by each new program;
(m) Qualification of instructors and staff;
(n) Library resources;
(o) Certificate of compliance with fire and safety codes;
(p) Copies of advertisements; and
(q) Enrollment data as prescribed by the Secretary.
C. Procedures to Apply for Approval for Extended Operation in Maryland.
(1) During or after the fifth year of operation in Maryland and during any subsequent renewal cycle, an out-of-State institution may apply for approval to operate in Maryland for an extended period of time up to 5 years.
(2) To receive approval to continue to operate in Maryland at a previously approved location for an extended period, whether to offer previously approved courses and programs or to offer new courses and programs, the chief executive officer shall submit to the Secretary on the forms provided a written application for authorization to continue to operate in Maryland. The completed application and all supportive documentation for continued operation shall be provided at least 5 months before any existing approval expires.
(3) The application shall include:
(a) Identification of the institution;
(b) Specific geographical location of current operation;
(c) Proposed date of continued operation;
(d) Identification of authorized representatives;
(e) Board of trustees resolution of financial solvency;
(f) Certificate of incorporation as a foreign (out-of-State) corporation;
(g) Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;
(h) Copies of awards;
(i) Programmatic data, including the degree or certificate, the curriculum, and proposed schedule of classes;
(j) Qualification of instructors and staff;
(k) Library resources;
(l) Certificate of compliance with fire and safety codes;
(m) Copies of advertisements; and
(n) Enrollment data as prescribed by the Secretary.
D. Application Review, Notice, and Period for Comments and Objections.
(1) Upon submission by an out-of-State institution of the application and documentation required by §B or C of this regulation, the Secretary shall review the application for renewal and documentation to ensure that the institution continues to satisfy the requirements of this chapter.
(2) Upon receipt of a complete application and documentation, the Secretary shall inform all institutions of higher education and segments of higher education of the proposal.
(3) A 30-day period for comments and objections shall be allowed.
(4) Any institution of higher education or segment desiring to raise an objection shall do so during the 30-day comment period.
(5) The Secretary shall consider all comments and objections received before making the final decision.
(6) The Secretary may not consider an objection raised after the 30-day period.
(7) The Secretary may ask the applicant institution for additional information in response to comments and objections received.
(8) The 30-day period for comments and objections does not apply to a closed-site institution.
E. Secretary's Grant of Approval to Operate in Maryland.
(1) The Secretary shall renew the out-of-State institution's approval to operate in Maryland at a previously approved location on such conditions as may be considered appropriate, if the Secretary is satisfied that:
(a) The application for renewal and documentation submitted by the institution is in compliance with this chapter and the institution is in continued compliance with this chapter;
(b) The institution remains fully accredited by an organization recognized as an accrediting agency by the United States Department of Education; and
(c) The programs to be offered in Maryland remain similar to programs offered at its main or primary campus.
(2) The Secretary shall notify the chief executive officer of the institution in writing of the Secretary's decision.
F. Secretary's Denial of Approval to Continue to Operate in Maryland.
(1) If the Secretary is not satisfied that an out-of-State institution is in continued compliance with this chapter, the Secretary shall issue a notice of deficiencies and deny renewal of the approval to the institution.
(2) Within 20 days of receipt of a notice of deficiencies, the institution denied renewal of the approval to operate in Maryland may request a hearing before the Commission as provided in Education Article, §11-202(f), Annotated Code of Maryland.
(3) The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.
(4) If the institution requests a hearing, the Commission may refer the hearing to the Office of Administrative Hearings.
(5) After the hearing in §F(3) of this regulation, the Commission may take the following action:
(a) Grant the renewal of approval to operate;
(b) Deny the renewal of approval to operate; or
(c) Remand the case to the Secretary for further action as directed by the Commission.
(6) If the institution does not file a timely request for a hearing on the notice of deficiencies, the Secretary's decision becomes final.
G. Completed Application and Documentation.
(1) An application is complete as of the day on which an out-of-State institution submits documentation satisfactory to the Secretary that it has completed the application process.
(2) If the Secretary has neither issued a certificate of approval nor a written notice of deficiency within 6 months of the completed application, the institution may request a hearing before the Commission to determine whether a certificate of approval shall be issued.
(3) The request shall be made within 20 days of the expiration of the 6-month period.
(4) The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.
H. Judicial Review.
(1) An out-of-State institution that is denied a renewal of its certificate of approval by the Commission after a hearing granted under §F or G of this regulation has the right to judicial review as provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(2) The decision of the Commission is presumed correct and the institution has the burden of proving otherwise.
(3) The Commission shall be a party to the proceeding.
I. Further Requests by Institution.
(1) After an out-of-State institution has received extended operational approval, the Commission shall apply the standards set forth in Regulation .06 of this chapter to a request by the institution for approval to:
(a) Offer courses not previously approved;
(b) Offer a program not previously approved; or
(c) Operate in Maryland at a site not previously approved.
(2) If the approval is granted, the approval will be in effect for the duration of the extended approval period.
