HARRY HUGHES, Governor

937

determine the matter.

(3) The order to correct the deficiencies shall
be stayed until a determination is made after the hearing.

[(g)] (H) (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:

(i) 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)] (I) (1) An institution has the right to
judicial review of [a] ANY 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)] (J)

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.

12-203.

(a)   Except for an institution operating under a
charter granted by the General Assembly, an institution of
postsecondary education may not commence or continue to
operate, do business, or function without a certificate of
approval from the State Board for Higher Education.

(b)   The State Board for Higher Education shall issue
a certificate of approval to an institution of postsecondary
education if it finds that the facilities, conditions of
entrance and scholarship, and educational qualifications and
standards are adequate and appropriate for:

(1) The purposes of the institution; and