Ch. 246

LAWS OF MARYLAND

COMMISSION SHALL HOLD A HEARING TO DETERMINE IF THE CERTIFICATE
OF APPROVAL SHOULD BE ISSUED.

(3) IF, WITHIN 6 MONTHS FROM THE DATE ON WHICH THE
APPLICATION FOR CERTIFICATION WAS SUBMITTED TO THE COMMISSION,
THE INSTITUTION HAS RECEIVED NEITHER A CERTIFICATE OF APPROVAL
UNDER SUBSECTION (B) OF THIS SECTION NOR WRITTEN NOTICE OF
DEFICIENCIES UNDER THIS SUBSECTION, THE COMMISSION INSTITUTION
MAY REQUEST WITHIN 20 DAYS A HEARING BEFORE THE COMMISSION TO
DETERMINE IF THE CERTIFICATE OF APPROVAL SHOULD BE ISSUED.

(G) (1) ANY INSTITUTION OF POSTSECONDARY EDUCATION THAT IS
DENIED A CERTIFICATE OF APPROVAL BY THE COMMISSION AFTER A
HEARING GRANTED UNDER SUBSECTION (F) OF THIS SECTION HAS THE
RIGHT TO JUDICIAL REVIEW PROVIDED BY TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE.

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

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

11-303. 11-203.

(A) THE COMMISSION MAY REQUIRE ANY INSTITUTION OF
POSTSECONDARY EDUCATION THAT IS REQUIRED TO OBTAIN A CERTIFICATE
OF APPROVAL TO FURNISH A PERFORMANCE BOND TO THE STATE
CONDITIONED THAT THE INSTITUTION WILL:

(1)  PERFORM FAITHFULLY ALL AGREEMENTS OR CONTRACTS IT
MAKES WITH ITS STUDENTS; AND

(2)  COMPLY WITH THIS ARTICLE.

(B) ANY BOND REQUIRED UNDER THIS SECTION SHALL BE IN THE
FORM AND AMOUNT THE COMMISSIONER SECRETARY REQUIRES.

(C)  (1) THE TOTAL LIABILITY OF A SURETY ON A BOND UNDER
THIS SECTION MAY NOT EXCEED THE AMOUNT OF THE BOND.

(2) IF THE TOTAL AMOUNT OF CLAIMS FILED AGAINST A
BOND EXCEEDS THE AMOUNT OF THE BOND, THE SURETY SHALL PAY THE
AMOUNT OF THE BOND TO THE COMMISSIONER SECRETARY FOR DISTRIBUTION
TO THE CLAIMANTS.

(D)  (1) BY RULE AND REGULATION, THE COMMISSION MAY CREATE
AND PROVIDE FOR THE OPERATION OF A GUARANTY FUND FOR
POSTSECONDARY NONDEGREE GRANTING PROPRIETARY INSTITUTIONS PRIVATE
CAREER SCHOOLS.

(2) THE FUND SHALL BE USED TO REIMBURSE ANY STUDENT
AT A POSTSECONDARY NONDEGREE GRANTING PROPRIETARY INSTITUTION

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