WILLIAM DONALD SCHAEFER, Governor

Ch. 246

POSTSECONDARY EDUCATION AND POSTSECONDARY NONDEGREE GRANTING
PROPRIETARY INSTITUTION PRIVATE CAREER SCHOOL MAY NOT IMPLEMENT A
PROPOSAL WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.

(5)  EXCEPT AS PROVIDED IN SUBSECTION (A) PARAGRAPH
(3) OF THIS SECTION SUBSECTION, AND SUBJECT TO THE PROVISIONS OF
§ 17-104(A) § 17-105 OF THIS ARTICLE, AN INDEPENDENT A NONPUBLIC
INSTITUTION OF HIGHER EDUCATION MAY IMPLEMENT A PROPOSAL THAT HAS
NOT RECEIVED A POSITIVE RECOMMENDATION BY THE COMMISSION.

(6) (I) IF THE COMMISSION DISAPPROVES A PROPOSAL, THE
COMMISSION SHALL PROVIDE TO THE GOVERNING BODY THAT SUBMITS THE
PROPOSAL A WRITTEN EXPLANATION OF THE REASONS FOR THE
DISAPPROVAL.

(II) AFTER REVISING A PROPOSAL TO ADDRESS THE
COMMISSION'S REASONS FOR DISAPPROVAL, THE GOVERNING BODY MAY
SUBMIT THE REVISED PROPOSAL TO THE COMMISSION FOR APPROVAL.

(B) (1) PRIOR TO DISCONTINUATION, EACH INSTITUTION OF
POSTSECONDARY EDUCATION THAT PROPOSES TO DISCONTINUE AN EXISTING
PROGRAM SHALL PROVIDE WRITTEN NOTIFICATION TO THE COMMISSION
SPECIFYING:

(I)  THE NAME OF THE PROGRAM; AND

(II)  THE EXPECTED DATE OF DISCONTINUATION.

(2) BY RULE OR REGULATION, THE COMMISSION MAY REQUIRE
THE PAYMENT BY A POSTSECONDARY NONDEGREE GRANTING PROPRIETARY
INSTITUTION PRIVATE CAREER SCHOOL OF A REFUND TO ANY STUDENT OR
ENROLLEE WHO, BECAUSE OF THE DISCONTINUATION OF AN ONGOING
PROGRAM, IS UNABLE TO COMPLETE SUCH PROGRAM.

(C) THE COMMISSION MAY REVIEW AND MAKE RECOMMENDATIONS TO

INSTITUTIONAL GOVERNING BOARDS GOVERNING BODIES ON THE

CONTINUATION OR MODIFICATION OF EXISTING PROGRAMS AT ANY

INSTITUTION OF POSTSECONDARY EDUCATION.

(D)(1) THE COMMISSION MAY MAKE RECOMMENDATIONS TO

INSTITUTIONAL GOVERNING BOARDS GOVERNING BODIES ON EXISTING OR
PROPOSED PROGRAMS AT TWO OR MORE INSTITUTIONS OF POSTSECONDARY

EDUCATION THAT ARE DETERMINED BY THE COMMISSION TO BE

UNREASONABLY DUPLICATIVE.

(2) THE COMMISSION MAY DETERMINE ON ITS OWN

INITIATIVE THAT AN UNREASONABLE DUPLICATION OF PROGRAMS EXISTS,
OR MAY MAKE SUCH A DETERMINATION AFTER RECEIPT OF A REQUEST FOR

DETERMINATION FROM ANY DIRECTLY AFFECTED INSTITUTION OF

POSTSECONDARY EDUCATION.

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