Current through Register Vol. 46, No. 39, September 25, 2024
An institution authorized to confer degrees in a state
other than New York, which seeks the permission of the Regents to offer
educational programs in New York, shall comply with the following procedures
and requirements:
(a) Application. An
application for initial approval and applications for renewal of such approval
shall be submitted to the Regents on forms prescribed by the Department,
setting forth evidence of educational quality and resources equivalent to those
set forth in Part 52 of this Title for the programs the institution is seeking
permission to operate in New York, as determined by the Commissioner . Such
application shall include the fees set forth in subdivision (f) of this
section, and evidence, satisfactory to the Commissioner, of the need for the
proposed program, and that the long-range plan for the program is in accordance
with the Regents 2012-2020 Statewide Plan for Higher Education (University of
the State of New York, State Education Department, Albany, NY 12234, available
at Office of Higher Education, State Education Building, Albany, NY 12234
).
(b) Terms of Initial Approval
and Renewal. The term for initial approval for permission to ope rate in New
York shall be five years, unless otherwise modified by the Board of Regents.
The institution shall apply for renewal of its permission to operate every five
years.
(c) Scope of Permission to
Operate.
(1) Out-of-state institutions
applying for initial approval or renewal of such approval under this section on
or after March 29, 2017 may only hold permission to operate one program at one
location in New York State unless otherwise authorized by this subdivision. For
the purposes of this part, program shall mean courses or instructional or other
field experiences (e.g., clinical placements) that are offered by the
institution in New York for purposes of earning credit, a degree, certificate,
credential, or other academic award.
(i) In
rare circumstances and upon receipt of evidence satisfactory to the
Commissioner that the educational needs in New York will be addressed by
allowing an institution to offer more than one program or offer a program at
more than one location in New York, the institution may apply to the
Commissioner for a waiver of the limitation in this paragraph.
(ii) Institutions that were granted
permission to operate more than one program and/or a program at multiple
locations prior to M arch 29, 2017, shall be grandfathered in, and may continue
to operate those programs; provided, however, that the institution shall apply
for renewal of such permission to operate in accordance with the provisions of
this section.
(2) If the
program for which an out-of-state institution is seeking permission to operate
also includes a distance education component and the institution is required to
obtain approval by the Department to offer distance education in New York
pursuant to Subpart 49-2 of this Title, and the only distance education the
institution is seeking permission to operate in New York relates to the program
for which the institution is seeking permission to operate, the institution may
apply for both permission to operate and approval to offer distance education
through a single application under this section, and shall only be subject to
the fees required by this section. When submitting a combined application for
permission to offer distance education in a program in which the institution
seeks permission to operate in New York pursuant this paragraph, the
institution shall meet the requirements of both this section and Subpart 49-2
of this Title.
(d)
Review of Applications. Applications for initial approval and renewal of such
approval shall be reviewed by the Department to determine whether the
application meets the requirements set forth in subdivision (a) of this Part.
(1) For those applications that meet the
requirements for permission to operate under this section, the Department shall
make a recommendation for approval to the Board of Regents. At a regularly
scheduled public meeting, the Board of Regents shall consider the Department's
recommendation and make the final determination on permission to
operate.
(2) Applications that do
not meet the requirements set forth in subdivision (a) of this section will not
be recommended for approval to the Board of Regents and the Department shall
provide the applicant with the reasons for its decision in writing. The
institution may appeal the Department's decision not to recommend an
application for approval, to the Commissioner or her/his designee, in a
timeframe and manner prescribed by the Commissioner, and may submit additional
information in support of its position.
(e) If an institution holding permission to
operate fails to pay the required fees set forth in this section, or has not
maintained compliance with the requirements set forth in this section, the
Department may revoke permission to operate and/or limit the institution from
enrolling new students in New York State at any time. The institution shall
have the right to appeal the determination of the Department to the
Commissioner or his/her designee, in a timeframe and manner prescribed by th e
Commissioner, and may submit additional information in support of its position,
prior to such revocation, or any limitation on enrollment.
(f) Fee Schedule.
(1) Initial Application Fee. Institutions
seeking initial permission to operate under this section, on or after March 29,
2017 shall be subject to a non-refundable application fee of $10,000, to be
submitted with its application for initial approval. If a waiver is granted by
the Commissioner to allow an institution to seek permission to operate more th
an one program pursuant to subparagraph (i) of paragraph (1) of subdivision (c)
of this section, an additional fee of $2,500 for each additional program for
which permission to operate in New York is sought shall be submitted with the
initial application.
(2) Renewal
Fee. An institution seeking renewal of its permission to operate on or after
March 29, 2017 shall be subject to a non-re fundable application fee of $2,500,
to be submitted with the renewal application. If a waiver is granted by the
Commissioner to allow an institution to seek permission to operate more than
one program pursuant to subparagraph (i) of paragraph (1) of subdivision (c) of
this section, an additional fee of $2,500 for each additional program for which
permission is s ought shall be submitted with the renewal
application.
(3) Annual
Administrative Fee. In addition to the fees prescribed in paragraphs (1) and
(2) of this subdivision, an institution granted permission to operate either
through an initial approval or through renewal of existing approval on or after
March 29, 2017, shall be subject to an annual non-refundable fee of $5,000
commencing in the year that the institution obtains initial approval or renewal
of its existing approval on or after March 29, 2017 and for each subsequent
year throughout the term of its approval to operate in New York State. The fee
for each annual period shall be due no later than 60 days prior to the start of
each annual period for such institution.
