BLAIR LEE III, Acting Governor

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(F)   ORDER TO CORRECT DEFICIENCIES.

(1)    IF THE STATE BOARD BELIEVES THAT A
NONCOLLEGIATE EDUCATIONAL INSTITUTION DOES NOT MEET THE
CONDITIONS OR STANDARDS ON WHICH ITS CERTIFICATE OF APPROVAL
HAS BASED, IT SHALL GIVE THE INSTITUTION WRITTEN NOTICE OF
THIS BELIEF.

(2)     THE NOTICE SHALL SPECIFY THE ALLEGED
DEFICIENCIES AND DIRECT THE INSTITUTION TO CORRECT THEM
WITHIN A PERIOD OF NOT LESS THAN 30 DAYS AS SET BY THE
BOARD. IF THE INSTITUTION REQUESTS A HEARING WITHIN 20 DAYS
OF THE NOTICE, THE BOARD SHALL HOLD A HEARING TO DETERMINE
THE MATTER.

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

(G)   ORDER TO END OPERATIONS.

(1) THE STATE BOARD MAY ORDER A NONCOLLEGIATE
EDUCATIONAL INSTITUTION TO END OPERATIONS IF THE INSTITUTION
FAILS TO CORRECT THE SPECIFIED DEFICIENCIES WITHIN THE
PERIOD SET BY THE BOARD AND IF:

(1)  A HEARING IS NOT REQUESTED; OR

(II) AFTER A HEARING, THE BOARD FINDS THAT THE
INSTITUTION DOES NOT MEET THE CONDITIONS OR STANDARDS.

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

(H) JUDICIAL REVIEW.

(1)    AN INSTITUTION HAS THE RIGHT TO JUDICIAL
REVIEW OF A STATE BOARD DEFICIENCY DETERMINATION UNDER THIS
SECTION AS PROVIDED BY THE ADMINISTRATIVE PROCEDURE ACT.

(2)    THE DECISION OF THE STATE BOARD IS PRESUMED
CORRECT AND PROPER AND THE INSTITUTION HAS THE BURDEN OF
PROVING OTHERWISE.

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

(I) INSPECTION, REPORTS, AND INFORMATION.

A NONCOLLEGIATE EDUCATIONAL INSTITUTION SHALL:

(1)    BE OPEN FOR INSPECTION BY THE STATE
SUPERINTENDENT OR HIS DESIGNEE AT ALL REASONABLE TIMES; AND

(2)   FURNISH THE REPORTS AND INFORMATION REQUIRED
BY THE STATE SUPERINTENDENT ON THE FORMS PROVIDED BY THE
STATE SUPERINTENDENT.

REVISOR'S NOTE: This section presently appears as Art.