Code of Maryland Regulations
Title 13B - MARYLAND HIGHER EDUCATION COMMISSION
Subtitle 01 - NONPUBLIC SCHOOLS
Chapter 13B.01.03 - Classification of Nonpublic Institutions of Higher Education
Section 13B.01.03.04 - Criteria for Classification
Universal Citation: MD Code Reg 13B.01.03.04
Current through Register Vol. 51, No. 6, March 22, 2024
A. An institution of higher education shall be determined to be a private nonprofit institution of higher education under § 10-101 of the Education Article if it:
(1) Benefits no person or entity through any part of its net earnings;
(2) Is legally authorized to operate as a nonprofit organization by each state in which it is physically located;
(3) Has been determined by the IRS to be an organization to which contributions are tax deductible in accordance with 26 U.S.C. 501(c)(3);
(4) Had no reportable incidents in the previous calendar year that:
(a) Are determined by the Secretary to constitute private inurement; and
(b) Were not satisfactorily corrected prior to the submission of the report in Regulation .05 of this chapter; and
(5) Timely files the report required under Regulation .05 of this chapter.
B. An institution shall be determined to be a for-profit institution of higher education under Education Article, § 10-101, Annotated Code of Maryland, if it:
(1) Does not request classification as a private nonprofit institution of higher education by filing the report required under Regulation .05 of this chapter;
(2) Benefits any person or entity through any part of its net earnings;
(3) Is not legally authorized to operate as a nonprofit organization by each state in which it is physically located;
(4) Has not been determined by the IRS to be an organization to which contributions are tax deductible in accordance with 26 U.S.C. 501(c)(3);
(5) Had any reportable incidents in the previous calendar year that:
(a) Are determined by the Secretary to constitute private inurement; and
(b) Were not satisfactorily corrected prior to the submission of the report in Regulation .05 of this chapter;
(6) Knowingly fails to disclose a reportable incident in the report required under Regulation .05 of this chapter; or
(7) Does not timely file the report required under Regulation .05 of this chapter.
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