New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 41 - PRIVATE CAREER SCHOOLS
Subchapter 2 - APPLICATION PROCESS
Section 12:41-2.4 - Application for Renewal of Certificate of Approval for private career schools

Universal Citation: NJ Admin Code 12:41-2.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Any private career school that seeks to apply for renewal of a Certificate of Approval shall make a written Application for Renewal of a Private Career School Certificate of Approval.

1. The Application for Renewal of a Private Career School Certificate of Approval shall have two components as described in 12:41-2.2(a) 1.

(b) A completed Application for Renewal of a Private Career School Certificate of Approval, including all information and documents required thereunder, shall be submitted by the approved private career school to the Training Evaluation Unit not less than 90 calendar days prior to expiration of the existing Certificate of Approval.

(c) The approved private career school applying to renew its Certificate of Approval shall pay a non-refundable renewal application fee of $ 900.00, payable to the State Treasurer.

(d) The information and documents to be submitted by the private career school for review and evaluation by the Training Evaluation Unit for renewal of a Certificate of Approval shall include the following:

1. A completed application form provided by the Department of Labor and Workforce Development;

2. A signed and notarized Statement of Assurances, which attests to the accuracy and truthfulness of the representations made in the Application for Renewal of a Private Career School Certificate of Approval;

3. The following financial documents to support tuition income and financial soundness of the school, which shall be no more than 12 months old:
i. Financial statement audited by an independent certified public accountant (if the New Jersey school is part of a larger organization, then the audited financial statement shall include a statement detailing tuition income for the New Jersey school location(s));

ii. Financial statement compiled or reviewed by an independent certified public accountant (if the New Jersey school is part of a larger organization, then the compiled or reviewed financial statement shall include a statement detailing tuition income for the New Jersey school location(s));

iii. For sole proprietors, a signed copy of Form 1040, U.S. individual income tax return and Schedule C(s);

iv. For partnerships, a signed copy of the complete Form 1065, U.S. Return of Partnership Income, including all schedules;

v. For S Corporations, a signed copy of the complete Form 1120S, U.S. income tax return for an S Corporation, including all schedules; or

vi. For corporations, a signed copy of the complete Form 1120, U.S. corporation income tax return, including all schedules;

4. Current tuition performance bond, which includes the information set forth at 12:41-2.2(a) 5i through vii, payable to the Commissioner of the Department of Labor and Workforce Development in the amount of $ 20,000 or five percent of the average gross tuition income for the past three years, whichever is greater;

5. Proof of continued liability insurance and workers' compensation insurance;

6. Current fire inspection certificate;

7. Current health inspection certificate, if appropriate;

8. Verification that the school complied with the annual reporting requirement, at N.J.A.C. 12:41-3.2, for the immediately preceding fiscal year;

9. Modifications to any documentation provided as part of the Application for Initial Approval of a Private Career School;

10. A list of each instructional program offered by the private career school, including the Classification of Instructional Programs (CIP) code and Standard Occupational Classification (SOC) code for each instructional program;

11. Identification of the specific occupation(s) for which students will be prepared upon completion of each instructional program;

12. Identification of the specific license(s), if applicable, for which students will be prepared upon completion of each instructional program;

13. The duration of each instructional program;

14. Tuition and fee information for each instructional program, including the following:
i. Tuition;

ii. Fees; and

iii. Institutional grant aid awarded to registered students; and

15. Such other information and documents as may be required by the Commissioner of the Department of Labor and Workforce Development as part of the Application for Renewal of a Private Career School Certificate of Approval.

(e) Requirements for the component reviewed and evaluated by the Department of Education shall be governed by N.J.A.C. 6A:19-7.

(f) The Training Evaluation Unit shall, prior to renewal of a Certificate of Approval, assess the private career school renewal applicant to identify whether each instructional program offered by the private career school meets the minimum acceptable level of performance.

(g) Failure of a private career school renewal applicant to meet the minimum acceptable level of performance for each instructional program offered by the private career school shall alone constitute sufficient grounds for denial of the private career school's application for renewal of its Certificate of Approval.

(h) Where an initial application for approval of a private career school is denied on the basis that the applicant private career school has failed to meet the minimum acceptable level of performance for any of its instructional programs, the applicant private career school may, within 15 days of receipt of the application denial, and without the payment of any additional application fee, submit to the Training Evaluation Unit a written request for reconsideration of the denial.

(i) The written request for reconsideration pursuant to (h) above shall include a detailed description of the basis for the request, including an explanation of either:

1. What the applicant believes is an error made by the Department in its measurement of the performance of the applicant private career school's instructional program(s) against the minimum acceptable level of performance; or

2. A change in circumstances (for example, a reduction in tuition and/or fees) that would alter the Department's measurement of the performance of the private career school applicant's instructional program(s) against the minimum acceptable level of performance.

(j) The option to file a written request for reconsideration pursuant to (h) above shall apply only to application denials that are based on the applicant private career school's failure to meet the minimum acceptable level of performance for any of its instructional programs.

(k) The Training Evaluation Unit shall review any request for reconsideration submitted pursuant to (h) above on the written record and shall render a decision within 20 days of receipt of the request.

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