| (a) A person holding a degree from an institution that
is not eligible to receive a Certificate of Authority may request
a letter from the Board confirming that the institution is not eligible
for a Certificate of Authority and providing the procedures for review
and approval of the degree for use in Texas. The Board shall send
a copy of the letter to the institution.
(b) Procedures for Review and Approval.
(1) An institution that confers a fraudulent or substandard
degree described in §7.3 of this chapter (relating to Definitions),
may request that the Board review and approve for use in Texas that
degree, as provided in those sections. The person or institution shall
submit the request on a form created by the Board.
(2) The Commissioner shall apply the standards provided
in §7.4 of this chapter (relating to Standards for Operation
of Institutions) and §7.5(a)(6) of this chapter (relating to
Administrative Penalties and Injunctions) to determine if the degrees
awarded by a person or institution are equivalent to degrees granted
by a private postsecondary educational institution or other person
holding a Certificate of Authority from the Board.
(3) The Commissioner, or the Commissioner's designated
representatives, and an ad hoc team of independent consultants, if
the Commissioner finds that such a team would provide a benefit to
the Board or to the institution, may either visit the institution
and conduct an on-site survey or conduct a desk review to evaluate
the application for review and approval. The ad hoc team shall be
composed of people who have experience on the faculties or staffs
of accredited institutions and who possess knowledge of accreditation
standards.
(4) The Board may charge the person or institution
petitioning for review and approval a fee equal to the application
fee for a Certificate of Authority or the actual cost of conducting
the review, including travel expenses and cost of consultant fees.
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