Current through Reg. 50, No. 13; March 28, 2025
The Board requires each institution to obtain one of the
following types of approval for a certificate or degree program. No approval is
required for new tracks of study in an existing degree program and tracks of
study are not listed as separate degree programs in the Program
Inventory.
(1) Notification Only--this
approval is obtained when the institution of higher education successfully
submits and receives confirmation of its submission to Board Staff.
(2) Assistant Commissioner Approval-a
proposed program subject to Assistant Commissioner Approval may be approved by
the Assistant Commissioner if the program is administratively complete as
described in §
2.6 of this subchapter and meets
all the requirements established by rule as determined by the Assistant
Commissioner.
(A) If the Assistant
Commissioner recommends denial of a program or does not take action to approve
the program within six months of Board Staff's determination that the program
proposal is administratively complete, then the program approval will be
subject to the process for Commissioner Approval.
(B) There are two types of Assistant
Commissioner Approval depending on the type of action the institution requests.
(i) Regular Review--A proposed program
subject to Assistant Commissioner Approval shall receive regular review unless
the institution's request is eligible for Expedited Review.
(ii) Expedited Review--an institution submits
for review and approval the information required by rule and obtains approval
from Board Staff once staff confirms that the institution's request is
administratively complete, and the Assistant Commissioner confirms that the
institution's request qualifies for Expedited Review. This type of review is
authorized only where expressly indicated in rules under this
chapter.
(3)
Commissioner Approval--The Assistant Commissioner designated to approve
academic programs under this chapter will forward a program subject to
Commissioner Approval to the Commissioner for review and approval. A proposed
program subject to Commissioner Approval may be approved by the Commissioner if
the program is administratively complete as described in §
2.6 of this subchapter and meets
all the requirements established by rule as determined by the Commissioner.
This type of approval will include a Board Staff recommendation about whether
the program meets all the requirements established by rule.
(A) If the Commissioner does not approve or
deny the proposal within nine months of Board Staff's determination that the
proposal is administratively complete, the proposal will move to Board
Approval.
(B) At the Commissioner's
sole discretion, the Commissioner may elect to require Board Approval of the
proposed program. Board approval must occur not later than one year after the
institution's application was administratively complete.
(4) Board Approval--A program that is subject
to Board Approval as indicated in rules under this chapter will be considered
at a Board meeting not later than the first anniversary of Board Staff's
determination that the application for the proposed program is administratively
complete. This type of approval will include a recommendation from the
Commissioner about whether the program satisfies the requirements of statute
and rule for approval.
(A) Board Staff shall
review the required criteria for each proposed program and provide a
recommendation to the Commissioner. Board Staff's recommendation shall include
a summary and analysis of whether the proposed program meets each of the
required criteria for approval.
(B)
The Commissioner shall review Board Staff's recommendation and make a
determination about whether to recommend approval of the proposed program to
the Board.
(i) Board Staff shall notify the
institution of the Commissioner's decision about whether to recommend the
program.
(ii) If the Commissioner
recommends denial of the program, Board Staff shall notify the institution and
provide ten business days in which the institution may request in writing final
consideration from the Board.
(iii)
If the institution requests final consideration from the Board, Board Staff
shall place the proposed program on the Board agenda for consideration at the
next Board meeting not later than one year later than the program is determined
administratively complete.
(iv) If
Board Staff does not receive a request for Board consideration within ten
business days from the date the institution was notified of the Commissioner's
recommendation for denial of the program, the application shall be considered
withdrawn.
(C) The Board
shall consider the proposal at a Board meeting not later than the first
anniversary of Board Staff's determination that the application for the
proposed program is administratively complete. The Board's decision to approve
or deny the proposed program is final and may not be appealed. If the Board
denies approval, an institution may resubmit a request for approval of the
proposed program not sooner than one year from the date of the Board's
decision. If the Board fails to approve or deny the program by the first
anniversary after Board Staff deems the proposal administratively complete, the
program is considered approved by operation of law.
