BLAIR LEE III, Acting Governor

299

12-206. SUPERVISION BY BOARD.

(A)   IN GENERAL.

IF THE STATE BOARD FOR HIGHER EDUCATION BELIEVES THAT
AN INSTITUTION OF POSTSECONDARY EDUCATION DOES NOT MEET THE
CONDITIONS OR STANDARDS ON WHICH ITS CERTIFICATE OF
APPROVAL WAS BASED, IT SHALL GIVE THE INSTITUTION WRITTEN
NOTICE OF ITS BELIEF.

(B)   NOTICE AND HEARING.

(1) THE NOTICE SHALL SPECIFY THE ALLEGED
DEFICIENCIES, AND DIRECT THE INSTITUTION TO CORRECT THEM
WITHIN A PERIOD OF NOT LESS THAN 30 DAYS.

(2) IF THE INSTITUTION REQUESTS A HEARING WITHIN
20 DAYS OF THE NOTICE, THE BOARD SHALL HOLD A HEARING ON
THE MATTER.

(3) THE ORDER TO CORRECT THE DEFICIENCIES SHALL
BE STAYED UNTIL A DETERMINATION IS MADE AFTER THE HEARING.

(C)   ORDER TO STOP OPERATING.

(1) IF THE INSTITUTION FAILS TO CORRECT THE
DEFICIENCIES WITHIN THE PERIOD SET BY THE BOARD, THE BOARD
MAY ORDER THE INSTITUTION TO STOP OPERATING, DOING BUSINESS,
OR FUNCTIONING IN THIS STATE IF:

(1)   A HEARING IS NOT REQUESTED; OR

(II) AFTER THE HEARING, THE BOARD DETERMINES
INSTITUTION DOES NOT MEET THE CONDITIONS OR
ON WHICH THE CERTIFICATE WAS ISSUED.

(2)   THE ORDER TAKES EFFECT 15 DAYS AFTER IT IS

JUDICIAL REVIEW.

(1)   AN INSTITUTION THAT IS AGGRIEVED BY AN ORDER
OF THE BOARD HAS THE RIGHT TO JUDICIAL REVIEW PROVIDED BY
THE ADMINISTRATIVE PROCEDURE ACT.

(2)   THE DECISION OF THE BOARD SHALL BE PRESUMED
CORRECT AND THE INSTITUTION HAS THE BURDEN OF PROVING
OTHERWISE.

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

REVISOR'S NOTE: This section presently appears as Art.
77A, §32A(d), (e), and (f).

The only changes are in style.

12-207. RECORDS OF DEFUNCT INSTITUTIONS.

THAT THE
STANDARDS

ISSUED.
(D)