The Board requires each institution to obtain one of the following
types of approval for a certificate or degree program. No approval
is required for new tracks of study in an existing degree program
and tracks of study are not listed as separate degree programs in
the Program Inventory.
(1) Notification Only--this approval is obtained when
the institution of higher education successfully submits and receives
confirmation of its submission to Board Staff.
(2) Assistant Commissioner Approval-a proposed program
subject to Assistant Commissioner Approval may be approved by the
Assistant Commissioner if the program is administratively complete
as described in §2.6 of this subchapter and meets all the requirements
established by rule as determined by the Assistant Commissioner.
(A) If the Assistant Commissioner recommends denial
of a program or does not take action to approve the program within
six months of Board Staff's determination that the program proposal
is administratively complete, then the program approval will be subject
to the process for Commissioner Approval.
(B) There are two types of Assistant Commissioner Approval
depending on the type of action the institution requests.
(i) Regular Review--A proposed program subject to Assistant
Commissioner Approval shall receive regular review unless the institution's
request is eligible for Expedited Review.
(ii) Expedited Review--an institution submits for review
and approval the information required by rule and obtains approval
from Board Staff once staff confirms that the institution's request
is administratively complete, and the Assistant Commissioner confirms
that the institution's request qualifies for Expedited Review. This
type of review is authorized only where expressly indicated in rules
under this chapter.
(3) Commissioner Approval--The Assistant Commissioner
designated to approve academic programs under this chapter will forward
a program subject to Commissioner Approval to the Commissioner for
review and approval. A proposed program subject to Commissioner Approval
may be approved by the Commissioner if the program is administratively
complete as described in §2.6 of this subchapter and meets all
the requirements established by rule as determined by the Commissioner.
This type of approval will include a Board Staff recommendation about
whether the program meets all the requirements established by rule.
(A) If the Commissioner does not approve or deny the
proposal within nine months of Board Staff's determination that the
proposal is administratively complete, the proposal will move to Board
Approval.
(B) At the Commissioner's sole discretion, the Commissioner
may elect to require Board Approval of the proposed program. Board
approval must occur not later than one year after the institution's
application was administratively complete.
(4) Board Approval--A program that is subject to Board
Approval as indicated in rules under this chapter will be considered
at a Board meeting not later than the first anniversary of Board Staff's
determination that the application for the proposed program is administratively
complete. This type of approval will include a recommendation from
the Commissioner about whether the program satisfies the requirements
of statute and rule for approval.
(A) Board Staff shall review the required criteria
for each proposed program and provide a recommendation to the Commissioner.
Board Staff's recommendation shall include a summary and analysis
of whether the proposed program meets each of the required criteria
for approval.
(B) The Commissioner shall review Board Staff's recommendation
and make a determination about whether to recommend approval of the
proposed program to the Board.
(i) Board Staff shall notify the institution of the
Commissioner's decision about whether to recommend the program.
(ii) If the Commissioner recommends denial of the program,
Board Staff shall notify the institution and provide ten business
days in which the institution may request in writing final consideration
from the Board.
(iii) If the institution requests final consideration
from the Board, Board Staff shall place the proposed program on the
Board agenda for consideration at the next Board meeting not later
than one year later than the program is determined administratively
complete.
(iv) If Board Staff does not receive a request for
Board consideration within ten business days from the date the institution
was notified of the Commissioner's recommendation for denial of the
program, the application shall be considered withdrawn.
(C) The Board shall consider the proposal at a Board
meeting not later than the first anniversary of Board Staff's determination
that the application for the proposed program is administratively
complete. The Board's decision to approve or deny the proposed program
is final and may not be appealed. If the Board denies approval, an
institution may resubmit a request for approval of the proposed program
not sooner than one year from the date of the Board's decision. If
the Board fails to approve or deny the program by the first anniversary
after Board Staff deems the proposal administratively complete, the
program is considered approved by operation of law.
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