Current through Register 1531, September 27, 2024
The process for approval of a certificate of organization,
articles of amendment, or a foreign corporation certificate is:
(1)
Application.
Prior to submitting an application, an institution is strongly encouraged to
consult with Board staff. A complete application consists of the appropriate
certificate or articles of amendment, if applicable, the required information,
and the payment of any required fee.
(a)
Required Information. The Board will require the
institution to submit information appropriate to the type and level of review.
The Board shall limit its review to matters directly related to the issues in
question. An institution may file copies of similar information prepared for
accrediting or other agencies whenever such information is relevant to the type
and level of review to be conducted by the Board.
(b)
Fees.
1. An institution shall pay the following
fees:
a. For initial licensure of a
Massachusetts-based or Out-of-state institution: $10,000 plus $2,000 for each
degree requested at the same time if more than one.
b. Annual fee each year for the first five
years following initial licensure: $4,000.
c. For each additional degree at
Massachusetts licensed institutions: $4,500 plus $2,000 for each additional
degree requested at the same time if more than one. (No fee for NEASC-CIHE
institutions for additional degrees at existing categories/levels as approved
by the Board, June 19, 2001.)
d.
Periodic inspection or review (if a separate review from Board's participation
in New England Association of Schools and Colleges review is required):
$4,000.
e. Other requests requiring
public hearings (e.g., award honorary degree(s), change the
name of an institution, or retitle an existing, authorized degree):
$500.
f. Institutional closure:
$500. All records must be transmitted by the institution in electronic
form.
2. Fees shall be
paid to the Board's Licensing Fee Trust Fund at the time the institution files
articles of organization or amendment or a foreign corporation certificate with
the Secretary of State or upon scheduling of periodic inspection or review.
Fees shall be used solely for purposes of the Licensing Fee Trust Fund. In
addition to the fee, the institution shall pay for the travel, room, board and
other normal expenses of the Visiting Committee, including the BHE
representative. If a subsequent visit or visits by the Committee are necessary,
the Board will charge the institution for these at its discretion, based on the
extent of subsequent review needed.
3. Pursuant to M.G.L. c. 15A, § 41,
Board staff shall review and update biennially 610 CMR 2.06(1)(b) to comply
with the statutory mandate that fees shall reflect the costs incurred by the
Board of Higher Education in implementing
610 CMR
2.00.
(2)
Visiting
Committee. When a review or inspection is necessary, the Board, in
consultation with the applicant institution, may select and appoint a visiting
committee to participate in the evaluation. The visiting committee will review
the materials submitted by the institution, may visit the institution, and will
submit a report to the Board containing recommendations regarding the requested
authorization.
(a) Members of the visiting
committee shall be selected from among professionals with appropriate
credentials and demonstrated professional experience in college-level teaching,
research, administration, and/or other relevant activities within institutions
of higher education and/or educational and cultural organizations. Non-educator
professionals and practitioners from appropriate fields may also be
included.
(b) Visiting committee
members shall have a disinterested professional commitment to the assignment of
evaluation as charged by the Board (in general) and to the task of rendering
objective findings and recommendations based upon empirical evidence and
informed judgments (in the case of particular institutions).
(c) No person shall serve on a visiting
committee who has a present or recent official or unofficial connection with
the institution under review or who the Board has reason to believe has
independent or pecuniary interest in the outcome of the Board's final
action.
(d) No person shall serve
on a visiting committee who is employed by a public or independent institution
deemed by the Board to be in direct competition with the institution under
review.
(e) As a general rule,
visiting committees shall include persons from both independent and public
institutions, in-state or out-of-state, with a majority being from the
independent sector.
(f) The
composition of Board visiting committees shall be responsive to the
requirements of pertinent federal and state affirmative action/equal
opportunity guidelines.
(g) The
visiting committee shall study all materials submitted by the institution to
the Board; may visit the institution and meet with its representatives to
determine whether the institution should be authorized to grant the degree(s)
requested; and shall assess its compliance with the review criteria set forth
in 610 CMR 2.07 or
610
CMR 2.08, and its overall character and
fitness to offer the degree(s) requested. The visiting committee shall submit a
written report, including recommendations, to the Board. A copy of that report
shall be submitted to the institution itself, which shall respond in
writing.
(h) The report of the
visiting committee, along with the response of the institution, shall be
reviewed and analyzed by Board staff.
(3)
Public Hearing
In accordance with M.G.L. c. 69, § 30, the Board shall hold a public
hearing in all cases where a proposed certificate of organization or a proposed
amendment to the charter of an existing institution is being considered. The
hearing will be scheduled as soon as Board staff determines that the
institution has reached a stage of readiness for final public comment before a
recommendation is made to the Board. Notice of the public hearing shall, at the
expense of the applicants, be published once a week for three successive weeks
in two newspapers, one of which is published in the county where the
institution has or is to have its principal office or place of business, the
last publication to be at least three days before the date set for the hearing.
In any and all other types of cases the Board may, at its own discretion, hold
a similar public hearing.
(4)
Delegation to the Chancellor of Higher Education The
Chancellor of Higher Education, pursuant to
610 CMR
2.00, is delegated the authority to act, following
Board staff review and public hearing requirements, on requests to award
honorary degree(s), to change the name of an institution, and to retitle an
existing, authorized degree. Notice of all such actions shall be recorded in
the Board's minutes and shall be sent to the institution and to the Office of
the Secretary of State.
(a) When an
institution seeks authority to award honorary degree(s), it shall indicate in
its request the appropriateness of the honorary degree(s) being sought (namely,
that the title and level are appropriate to the institution's mission and
offerings and that any such degree is not in the same field as an earned
degree). Any tangible object issued in evidence of an honorary degree, duly
authorized and awarded, shall clearly state on its face that the degree is
honorary.
(b) When an institution
seeks to change its name from that in its existing charter, the requested name
shall not be so similar to another institution's as to cause confusion to the
identity of each. A two-year institution must state in its charter the
descriptive phrase that it will use in its publications and literature to
distinguish itself from a four-year or senior college or a
university.
(c) When an institution
seeks to retitle an existing, authorized degree, it must provide a rationale
for the request and supporting curriculum.
(5)
Board Decision.
Following the public hearing, Board staff will evaluate materials submitted by
the institution, the written report of the visiting committee, the written
response from the institution, and evidence submitted at the hearing. Staff
will then make a specific recommendation to the Board, and the Board will take
action, by formal vote. The institution and the Office of the Secretary of
State shall be notified in writing of the decision of the Board. If the Board's
determination is to disapprove the institution's request, the Board shall
provide a statement of reasons for the decision, referencing applicable
provisions of
610 CMR
2.00.
(6)
Retroactive Awarding of Degrees. When an institution
has petitioned the Board for degree-granting authority, and when the
recommendation is positive, and the Board determines that the education
received in prior years has been of sufficient quality, then the Board may
permit the institution to award appropriate degrees to those students who have
been enrolled in and who have successfully completed programs that are approved
by the Board during the academic year of the assessment. It is understood that
such retroactive awarding of degrees applies only to those students who have
successfully completed all the requirements for the degree.
(7)
Appeal
Procedure. If a certificate or articles are not approved in
accordance with 610 CMR 2.06(4),
610
CMR 2.07(2)(h),
610
CMR 2.08(2)(b)7., or
610
CMR 2.08(2)(c)3., the
applicant(s) may file an appeal within 30 calendar days of receipt of written
notification of the Board's determination to superior court, which shall hear
the case and determine whether or not the certificate or articles shall be
approved.
