| (a) Board Staff reserves the right to audit an institution's
program at any time to ensure compliance with the provisions of this
chapter.
(b) If Board Staff determines that any institution
is in non-compliance with the terms of its approval; has otherwise
failed to seek approval required by §2.9 for a revision or modification;
or is in violation of statute or Board rule governing program operation
or approval; Board Staff shall:
(1) Provide notice to the institution of alleged non-compliance
related to the program at issue;
(2) Provide the institution not more than one year
to remedy the violation by achieving compliance with the approval,
statute, or rule, by means acceptable to the Commissioner;
(3) At the end of one-year, if the institution has
not achieved compliance acceptable to the Commissioner, Board Staff
shall request that the Board authorize issuance of a show cause letter
to the institution requiring the institution to show cause why the
Board shall not recommend closure of the program and teach out.
(c) Program Closure and Teach-Out. If Board Staff determines
that a program is in non-compliance or fails to satisfy all contingencies
and conditions of its approval after responding to the show cause
notice in subsection (b) of this section, Board Staff may notify the
institution of:
(1) the actions necessary for the institution to receive
the required approvals or meet the conditions; or
(2) that Board Staff recommends closure of the program.
(d) If the institution where the program is located
wishes to close the program, the institution shall follow the procedures
in subchapter H of this chapter.
(e) If the institution chooses not to follow the recommendation,
the Board may request that Board Staff send the recommendation for
closure to the governing board of the institution.
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