Connecticut Administrative Code
Title 10a - State Systems of Higher Education
22k - Approval of Private Occupational Schools Requiring Certification
Section 10a-22k-4 - Evaluation procedures for initial or renewal of authorization

Universal Citation: CT Reg of State Agencies 10a-22k-4

Current through September 9, 2024

(a) Upon receipt of a completed application, the commissioner shall cause an evaluation to be conducted and shall notify the applicant, in writing, of the initiation of such evaluation. A private occupational school which has been authorized for at least three consecutive years and is seeking renewal of authorization may be subject to an evaluation pursuant to this section and Section 10a-22k of these regulations provided no private occupational school shall operate for more than three additional years from the date of any renewal without the completion of an evaluation pursuant to said sections.

(b) Within thirty days following receipt of a completed application, the commissioner or a designee of the commissioner shall appoint an evaluation team. The composition of the evaluation team shall be as follows:

(1) at least two members representing the board; and

(2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. A person shall be deemed to be experienced pursuant to subdivision (2) of this subsection who is currently employed in the occupation to be evaluated and who has been so employed for at least two years.

(3) Employees of the state or any political subdivision of the state may be members of evaluation teams. The commissioner, or the designee of the commissioner, shall not appoint any person to an evaluation team unless the commissioner, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in section 10a-22k-5 of the regulations and sections 10a-22b and 10a-22c of the Connecticut General Statutes. The statement shall be on a form prescribed by the commissioner and shall be signed under penalty of false statement.

(c) The commissioner shall notify the applicant, in writing, of the appointment of the evaluation team within five days following such appointment. The applicant may challenge any member of the evaluation team for good cause shown. The challenge shall be in writing setting forth the reasons therefor and shall be filed with the commissioner within ten business days following appointment of the evaluation team. The commissioner shall render a decision within ten business days following the date such challenge is filed, and if the challenge is upheld, the commissioner shall appoint a replacement. The commissioner shall appoint a chairperson from the membership of the evaluation team.

(d) The applicant for certification shall provide each member of the evaluation team with a copy of the application submitted pursuant to section 10a-22k-3 or section 10a-22k-7 of these regulations. A statement of evaluation procedures and information to be required shall be sent to the applicant by the commissioner or his designee prior to the on-site evaluation. The on-site inspection made by the evaluation team shall not exceed two days unless extended by a majority vote of the evaluation team. The evaluation team shall also conduct an exit conference with the applicant or his designee concerning the various aspects of the school's operation or proposed operation. Except for state employees, actual travel expenses, meals, and overnight accommodations, if needed, for each member of the evaluation team shall be paid by the applicant subject to approval by the commissioner or his designee and shall in no event exceed state government published travel and per diem limits. Such charges shall be paid by the applicant prior to completion of the on-site inspection.

(e) The report of the evaluation team, pursuant to section 10a-22k-5 of these regulations, shall be prepared by the chairperson based on evaluation members' individual reports. The report shall include the findings of the evaluation team, recommendations for improvement, if any, and a recommendation for authorization or nonauthorization. The report shall be submitted to the commissioner within ten days following the completion of the on-site visitation, but in no event later than seventy-five days following the completed appointment of the evaluation team, except for those instances where an extension of the school's most recent certificate of authorization, pursuant to subsection (c) of section 10a-22k-7 of these regulations, has been granted.

(f) The commissioner shall review the report of the evaluation team and may consult any state agency for assistance. Within ninety days following the completed appointment of the evaluation team, except for those instances where an extension of the school's most recent certificate of authorization, pursuant to subsection (c) of section 10a-22k-7 of these regulations, has been granted, the commissioner shall, in writing, advise the applicant of authorization or nonauthorization. In the event of nonauthorization, the reasons therefor shall be given and the applicant may request in writing of the board a hearing pursuant to chapter 54 of the general statutes. The chairperson of the board may designate a hearing officer or subcommittee of the board to serve as a hearing panel pursuant to section 4-176e of the general statutes. The commissioner shall not grant authorization if:

(1) any principal, officer or director of the school has acted in a similar capacity for a school which has had its authorization revoked because the applicant (1) ceased to meet the conditions of authorization; (2) committed a material or substantial violation of sections 10a-22a through 10a-22k, inclusive, and sections 10a-22u through 10a-22x, inclusive, of the general statutes, as amended, or regulations promulgated thereunder; (3) made a false statement about a material fact in an application for authorization; or (4) failed to make a required payment to the private occupational school student protection fund pursuant to section 10a-22u of the general statutes, as amended;

(2) the applicant does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness sufficient to operate for the period of time for which authorization is sought;

(3) the applicant or any of its agents engages in advertising sales, collection, credit or other practices which are false, deceptive, misleading or unfair; or

(4) the applicant school has any policy or practice which discourages or prohibits the filing of inquiries or complaints regarding the operation of the school with the commissioner of higher education.

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