1. FOR A PROGRAM PROPOSED TO BE ESTABLISHED BY A
PUBLIC INSTITUTION OF HIGHER EDUCATION, WHETHER THE PROGRAM MAY BE
IMPLEMENTED; AND

2. FOR A PROGRAM PROPOSED TO BE ESTABLISHED BY A
NONPUBLIC INSTITUTION OF HIGHER EDUCATION, WHETHER TO RECOMMEND THAT
THE GENERAL ASSEMBLY REDUCE THE STATE APPROPRIATION FOR THE NONPUBLIC
INSTITUTION IN ACCORDANCE WITH § 17-105 OF THIS ARTICLE.

(C) (D) (1) THE COMMISSION SHALL DETERMINE WHETHER A NEW
PROGRAM PROPOSED TO BE ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION
COMPLIES WITH THE EQUAL EDUCATIONAL OPPORTUNITY REQUIREMENTS OF
STATE AND FEDERAL LAW.

(2) (I) IF THE COMMISSION DETERMINES THAT A NEW PROGRAM
PROPOSED TO BE ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION VIOLATES
AN EQUAL EDUCATIONAL OPPORTUNITY REQUIREMENT OF STATE OR FEDERAL LAW;

(I) THE COMMISSION SHALL NOTIFY THE PRESIDENT OF THE
INSTITUTION AND THE BOARD OF REGENTS INSTITUTION'S GOVERNING BOARD OF
THE COMMISSION'S CONCERNS VIOLATION: AND

(II) THE INSTITUTION SHALL WORK WITH THE COMMISSION TO
RESOLVE THE CONCERNS BEFORE IMPLEMENTING THE PROGRAM.

(II) IF THE INSTITUTION FAILS TO RESOLVE THE VIOLATION
IDENTIFIED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.

1. IF THE INSTITUTION IS A PUBLIC INSTITUTION OF
HIGHER EDUCATION, THE COMMISSION SHALL REQUIRE THE INSTITUTION TO NOT
IMPLEMENT THE PROGRAM; AND

2. IF THE INSTITUTION IS A NONPUBLIC INSTITUTION OF
HIGHER EDUCATION, THE COMMISSION SHALL RECOMMEND THAT THE GENERAL
ASSEMBLY REDUCE THE STATE APPROPRIATION FOR THE NONPUBLIC INSTITUTION
IN ACCORDANCE WITH § 17-105 OF THIS ARTICLE.

(C) WITHIN 30 DAYS OF RECEIPT OF A NOTICE OF AN INSTITUTION'S INTENT
TO ESTABLISH A NEW PROGRAM IN ACCORDANCE WITH SUBSECTION (A) OF THIS
SECTION, THE COMMISSION MAY FILE, OR THE INSTITUTIONS OF HIGHER
EDUCATION IN THE STATE MAY FILE WITH THE COMMISSION, AN OBJECTION TO
IMPLEMENTATION OF A PROPOSED PROGRAM PROVIDED THE OBJECTION IS BASED
ON:

(1) INCONSISTENCY OF THE PROPOSED PROGRAM WITH THE
INSTITUTION'S APPROVED MISSION;

(2) UNREASONABLE PROGRAM DUPLICATION WHICH WOULD CAUSE
DEMONSTRABLE HARM TO ANOTHER INSTITUTION; OR

(3) VIOLATION OF THE STATE'S EQUAL EDUCATIONAL OPPORTUNITY
OBLIGATIONS UNDER STATE AND FEDERAL LAW.