1382

LAWS OF MARYLAND

Ch. 538

OF THE CONDITIONS OF ENTRANCE, SCHOLARSHIP, AND RESIDENCE
UPON WHICH IT IS BASED.

(C)    EVERY INSTITUTION OF POSTSECONDARY EDUCATION,
EXCEPT THOSE OPERATING UNDER A CHARTER GRANTED BY THE
GENERAL ASSEMBLY, SHALL OBTAIN A CERTIFICATE OF APPROVAL
FROM THE BOARD IN ORDER TO COMMENCE OR CONTINUE TO
OPERATE, DO BUSINESS, OR FUNCTION IN THIS STATE. THE
BOARD SHALL ISSUE A CERTIFICATE OF APPROVAL TO AN
APPLICANT IF IT FINDS THAT THE FACILITIES, CONDITIONS OF
ENTRANCE AND SCHOLARSHIP AND EDUCATIONAL QUALIFICATIONS
AND STANDARDS ARE ADEQUATE AND APPROPRIATE FOR THE
PURPOSES OF THE INSTITUTION AND THE PROGRAMS, TRAINING,
AND COURSES TO BE TAUGHT BY THE INSTITUTION.

(D)    IF THE BOARD HAS REASON TO BELIEVE THAT AN
INSTITUTION OF POSTSECONDARY EDUCATION IS NOT IN
COMPLIANCE WITH THE CONDITIONS OR STANDARDS UPON WHICH
ITS CERTIFICATE OF APPROVAL WAS BASED, IT SHALL GIVE THE
INSTITUTION WRITTEN NOTICE OF ITS BELIEF. THE NOTICE
SHALL SPECIFY THE ALLEGED DEFICIENCIES, AND REQUIRE THE
INSTITUTION TO CORRECT THEM WITHIN 30 DAYS OR A PERIOD
DETERMINED BY THE BOARD, WHICHEVER IS GREATER. UPON
APPLICATION OF THE INSTITUTION FILED WITHIN 20 DAYS OF
THE NOTICE, THE BOARD SHALL HOLD A HEARING TO DETERMINE
THE MATTER. THE ORDER TO CORRECT THE DEFICIENCIES SHALL
BE STAYED PENDING A DETERMINATION MADE FOLLOWING THE
HEARING.

(E)    IF A HEARING IS NOT REQUESTED, OR IF, AFTER
THE HEARING, THE BOARD DETERMINES THAT THE INSTITUTION IS
HOT IN COMPLIANCE WITH THE CONDITIONS OR STANDARDS, AND
THE INSTITUTION FAILS TO CORRECT THE SPECIFIED
DEFICIENCIES WITHIN THE PERIOD SET BY THE BOARD, THE
BOARD MAY ORDER THE INSTITUTION TO CEASE OPERATIONS. THE
ORDER SHALL TAKE EFFECT 15 DAYS AFTER ITS ISSUANCE.

(F)    THE INSTITUTION HAS THE RIGHT OF JUDICIAL
REVIEW PROVIDED BY THE ADMINISTRATIVE PROCEDURE ACT.
HOWEVER:

(1)    THE DECISION OF THE BOARD SHALL BE
PRESUMED CORRECT AND PROPER, AND THE BURDEN OF PROVING
OTHERWISE IS ON THE INSTITUTION; AND

(2)    THE BOARD SHALL BE A PARTY TO THE
PROCEEDING.

(G)    THIS SECTION DOES NOT APPLY TO APPRENTICESHIP
AND ON-THE-JOB TRAINING PROGRAMS SUBJECT TO APPROVAL BY
THE APPRENTICESHIP AND TRAINING COUNCIL.

32B. EDUCATION COORDINATING COMMITTEE CREATED; MEMBERSHIP

(A) THE EDUCATION COORDINATING COMMITTEE IS
CREATED. IT CONSISTS OF THREE MEMBERS OF THE STATE BOARD
OF [[ELEMENTARY AND SECONDARY]] EDUCATION SELECTED BY ITS
PRESIDENT, THREE MEMBERS OF THE STATE BOARD FOR HIGHER