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Session Laws, 2004
Volume 801, Page 1193   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 311

(iii) (IV) Can be implemented within the existing program
resources of the institution, verified by a process established in consultation with the
Commission; and

(3) Approve (D) THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM
OF MARYLAND SHALL APPROVE the proposed new program within 60 days if the
program meets the criteria in paragraph (2) of this subsection SUBSECTION (C)(2) OF
THIS SECTION, subject to the provisions of subsections (c) and (d) (E) AND (F) of this
section.

(e) (E) Within 30 days of receipt of a notice of an institution's intent to
establish a new program in accordance with subsection (a) (B) of this section, the
Commission may file, or the institutions of higher education in the State may file
with the Commission, an objection to implementation of a proposed program provided
the objection is based on:

(1)     Inconsistency of the proposed program with the institution's
approved mission FOR A PUBLIC INSTITUTION OF HIGHER EDUCATION AND THE
MISSION STATEMENT PUBLISHED IN THE OFFICIAL CATALOG OF A NONPUBLIC
INSTITUTION OF HIGHER EDUCATION;

(2)      NOT MEETING A REGIONAL OR STATEWIDE NEED CONSISTENT WITH
THE MARYLAND STATE PLAN FOR POSTSECONDARY EDUCATION;

(2)     (3) Unreasonable program duplication which would cause
demonstrable harm to another institution; or

(3) (4) Violation of the State's equal educational opportunity
obligations under State and federal law.

(d) (F) (1) If an objection is filed under subsection (e) (E) of this section by
the Commission or an institution within 30 days of receipt of a notice of an
institution's intent to establish a new program, the Commission shall immediately
notify the institution's governing board and president.

(2)     The Commission shall determine if an institution's objection is
justified based on the criteria in subsection (e) (E) of this section.

(3)     An objection shall be accompanied by detailed information
supporting the reasons for the objection.

(4)     If the Commission determines that an objection is justified, the
Commission shall negotiate with the institution's governing board and president to
modify the proposed program in order to resolve the objection.

(5)     If the objection cannot be resolved within 30 days of receipt of an
objection, the Commission shall make a final determination on approval of the new
program FOR A PUBLIC INSTITUTION OF HIGHER EDUCATION OR A FINAL
RECOMMENDATION ON IMPLEMENTATION FOR A NONPUBLIC INSTITUTION OF
HIGHER EDUCATION.

(e) (G) (1) The Commission shall:

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Session Laws, 2004
Volume 801, Page 1193   View pdf image
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