Texas Register

TITLE 19 EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 5RULES APPLYING TO PUBLIC UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER CAPPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND ASSESSMENT OF EXISTING DEGREE PROGRAMS
RULE §5.44Presentation of Requests and Steps for Implementation
ISSUE 08/13/2010
ACTION Proposed
Preamble No Rule Available

(a)Requests for new degree programs shall be made in accordance with the following procedures.

  (1) - (2)(No change.)

  (3)The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. No new program shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate or degree program at any time to ensure compliance with [the] any of the criteria outlined in paragraph (1) of this subsection.

  (4)(No change.)

(b)Requests for new certificate programs shall be made in accordance with the following procedures.

  (1) - (2)(No change.)

  (3)The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. No new certificate program shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate program at any time to ensure compliance with [the] any of the conditions outlined in paragraph (1) of this subsection.

(c)Requests for administrative changes shall be made in accordance with the following procedures. Administrative changes include the creation of new administrative units--such as colleges, schools, divisions, and departments--as well as changes to existing administrative units, such as a name change, consolidation of existing units, or movement of a program into another unit.

   (1)The Coordinating Board shall post the proposed administrative structure online for public comment for a period of 30 days for any administrative change request that concerns the creation of new administrative units such as colleges, schools, divisions, and departments. If no objections occur, the Coordinating Board staff shall update the institution's administrative unit structure accordingly. No new administrative unit shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit an administrative unit at any time to ensure compliance with any of the conditions outlined in paragraph (2) of this subsection.

   (2)Approval of an administrative change is automatic if all of the following conditions are met:

    (A)The administrative change has institutional and governing board approval;

    (B)The institution certifies that adequate funds are available to cover the costs of the administrative change;

    (C)New costs during the first five years would not exceed $2 million;

    (D)The administrative change meets all other criteria in §5.47 of this title (relating to Criteria for Administrative Change Requests); and

    (E)The administrative change request concerns changes to existing administrative units, such as a name change, consolidation of existing units, or movement of a program into another unit; or, no objections to the proposed administrative change are received by the Coordinating Board during the 30-day comment period for those administrative change requests that concern the creation of new administrative units such as colleges, schools, divisions and departments.

   (3)If a proposed administrative change meets the conditions in paragraph (2) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research to update the administrative structure of the institution. If a proposed administrative change does not meet the conditions outlined in paragraph (2) of this subsection, the institution must submit a proposal using the standard administrative change request form.

   [(1)Approval of an administrative change is automatic if all of the following conditions are met:]

    [(A)The administrative change has institutional and governing board approval.]

    [(B)The institution certifies that adequate funds are available to cover the costs of the administrative change.]

    [(C)New costs during the first five years would not exceed $2 million.]

    [(D)The administrative change meets all other criteria in §5.47 of this title (relating to Criteria for Administrative Change Requests).]

    [(E)No objections to the proposed administrative change are received by the Coordinating Board during the 30-day comment period.]

   [(2)If a proposed administrative change meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research to update the administrative structure of the institution. If a proposed administrative change does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard administrative change request form.]

   [(3)The Coordinating Board shall post the proposed administrative structure online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's administrative unit structure accordingly. No new administrative unit shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit an administrative unit at any time to ensure compliance with the any of the conditions outlined in paragraph (1) of this subsection.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 30, 2010

TRD-201004169

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 28, 2010

For further information, please call: (512) 427-6114



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