WILLIAM DONALD SCHAEFER, Governor                   Ch. 246

DUPLICATIVE OR INCONSISTENT WITH AN INSTITUTION'S ADOPTED
MISSION.                                                                                     

(4) THE COMMISSION MAY MAKE A DETERMINATION THAT AN
UNREASONABLE DUPLICATION OF PROGRAMS EXISTS ON ITS OWN INITIATIVE
OR AFTER RECEIPT OF A REQUEST FOR DETERMINATION FROM ANY DIRECTLY
AFFECTED PUBLIC INSTITUTION OF POSTSECONDARY EDUCATION.

(5) (I) IF THE COMMISSION MAKES A DETERMINATION UNDER
PARAGRAPH (4) OF THIS SUBSECTION THE COMMISSION MAY:

1. MAKE RECOMMENDATIONS TO A GOVERNING
BOARD ON THE CONTINUATION OR MODIFICATION OF THE PROGRAMS;

2. REQUIRE ANY AFFECTED GOVERNING BOARD
TO SUBMIT A PLAN TO RESOLVE THE DUPLICATION; AND

3. NEGOTIATE, AS NECESSARY, WITH ANY
AFFECTED GOVERNING BOARD UNTIL THE UNREASONABLE DUPLICATION IS
ELIMINATED.

(II) NOTWITHSTANDING THE PROVISIONS OF
PARAGRAPH (5), IF THE COMMISSION DETERMINES THAT 2 OR MORE
EXISTING PROGRAMS OFFERED BY INSTITUTIONS UNDER THE GOVERNANCE OF
DIFFERENT GOVERNING BOARDS ARE UNREASONABLE DUPLICATIVE, THE
GOVERNING BOARDS 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.

(III) IF IN THE COMMISSION'S JUDGMENT THE PLAN
SATISFACTORILY ELIMINATES THE DUPLICATION, THE GOVERNING BOARD OF
THE AFFECTED INSTITUTIONS SHALL BE SO NOTIFIED AND SHALL TAKE
APPROPRIATE STEPS TO IMPLEMENT THE PLAN.

(IV) 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)(6) OF THIS SECTION, THE GOVERNING BOARD OF THE
AFFECTED INSTITUTIONS SHALL BE SO NOTIFIED. THE COMMISSION MAY
THEN SEEK TO ELIMINATE THE DUPLICATION BY REVOKING THE AUTHORITY
OF A PUBLIC INSTITUTION OF PQSTSECONDARY EDUCATION TO OFFER THE
UNREASONABLY DUPLICATIVE PROGRAM.

(II) IN ACCORDANCE WITH § 17-104(A) OF THIS
ARTICLE, BY REDUCING THE AMOUNT OF STATE AID UNDER TITLE 17 OF
THIS ARTICLE TO WHICH AN INDEPENDENT INSTITUTION OF HIGHER
EDUCATION IS ENTITLED.

(8) THE DETERMINATION OF THE COMMISSION TO IMPOSE A
SANCTION UNDER SUBSECTION (D)(7)(I) OR (II) OF THIS SECTION SHALL
BE FINAL AND IS NOT SUBJECT TO ADMINISTRATIVE APPEAL OR JUDICIAL
REVIEW.

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