Ch. 246

LAWS OF MARYLAND

(3) THE COMMISSION SHALL ADOPT REGULATIONS

ESTABLISHING STANDARDS FOR DETERMINING WHETHER 2 OR MORE PROGRAMS
ARE UNREASONABLY DUPLICATIVE.

(4) IF THE COMMISSION DETERMINES THAT THE PROPOSED

PROGRAM UNREASONABLY DUPLICATES AN EXISTING PROGRAM THE

COMMISSION MAY DISAPPROVE A PROPOSAL FOR A NEW PROGRAM UNDER
SUBSECTION (A)(1) OF THIS SECTION.

(5)(I) IF THE COMMISSION DETERMINES THAT 2 OR MORE
EXISTING PROGRAMS ARE UNREASONABLY DUPLICATIVE, THE GOVERNING
BODIES OF THE INSTITUTIONS OF POSTSECONDARY EDUCATION AT WHICH
THE PROGRAMS ARE OFFERED SHALL HAVE 180 DAYS FROM THE DATE OF THE
COMMISSION'S DETERMINATION TO FORMULATE AND PRESENT TO THE
COMMISSION A JOINT PLAN TO ELIMINATE THE DUPLICATION.

(II) THE PLAN MAY INCLUDE PROPOSALS FOR THE
MODIFICATION OR DISCONTINUATION OF ONE OR MORE OF THE AFFECTED
PROGRAMS.

(6) IF IN THE COMMISSION'S JUDGMENT THE PLAN

SATISFACTORILY ELIMINATES THE DUPLICATION, THE GOVERNING BODIES
OF THE AFFECTED INSTITUTIONS SHALL BE SO NOTIFIED AND SHALL TAKE
WHATEVER STEPS ARE REQUIRED UNDER SUBSECTION (A) OR (B) OF THIS
SECTION TO IMPLEMENT THE PLAN.

(7) IF IN THE COMMISSION'S JUDGMENT THE PLAN DOES NOT
SATISFACTORILY ELIMINATE THE DUPLICATION, OR IF NO PLAN IS
JOINTLY SUBMITTED WITHIN THE TIME PERIOD SPECIFIED IN SUBSECTION
(D)(5) OF THIS SECTION, THE GOVERNING BODIES OF THE AFFECTED
INSTITUTIONS SHALL BE SO NOTIFIED. THE COMMISSION MAY THEN SEEK
TO ELIMINATE THE DUPLICATION BY EITHER OR BOTH OF THE FOLLOWING
METHODS:

(I) BY REVOKING THE AUTHORITY OF A PUBLIC

INSTITUTION OF POSTSECONDARY EDUCATION OR A POSTSECONDARY

NONDEGREE GRANTING PROPRIETARY INSTITUTION PRIVATE CAREER SCHOOL
TO OFFER THE UNREASONABLY DUPLICATIVE PROGRAM.; OR

(D) (1) IN THIS SUBSECTION, "GOVERNING BOARD" INCLUDES THE
BOARD OF TRUSTEES OF A COMMUNITY COLLEGE.

(2) THE COMMISSION SHALL ADOPT REGULATIONS
ESTABLISHING STANDARDS FOR DETERMINING WHETHER 2 OR MORE PROGRAMS
ARE UNREASONABLE DUPLICATIVE.

(3) THE COMMISSION MAY REVIEW EXISTING PROGRAMS AT
PUBLIC INSTITUTIONS OF POSTSECONDARY EDUCATION IF THE COMMISSION
HAS REASON TO BELIEVE THAT ACADEMIC PROGRAMS ARE UNREASONABLY

- 2404 -

(C) THE COMMISSION SHALL REVIEW AND MAKE RECOMMENDATIONS ON
PROGRAMS IN NONPUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT
RECEIVE STATE FUNDS.------------------------------------------------