Ariz. Admin. Code § 4-39-105

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-39-105 - Requirements for a Regular License to Continue to Operate a Private Non-accredited Vocational Institution in Arizona

A. Except as specified in subsection (A)(6), the Board shall not grant or renew a regular license to an applicant, if:

1. Since the start date of the current licensure period, an individual with at least 20 percent ownership in the applicant or an officer or employee who controls, manages, or represents the applicant in this state has been convicted in this state or any jurisdiction of any crime, regardless of whether the crime is a misdemeanor or felony, that a reasonable person would consider relevant to the legal and ethical operation of an educational institution;

2. Since the start date of the current licensure period, a person with at least 20 percent ownership in the applicant or an officer or employee who controls, manages, or represents the applicant in this state has had a license to operate a vocational or degree-granting institution revoked in this state or any jurisdiction;

3. The applicant provides false or misleading information on or with an application required by this Section;

4. The applicant was previously licensed by the Board and ceased operations without complying with R4-39-402 and R4-39-406; or

5. The applicant ceased to operate or offer a program and as a result:

a. The Board was obligated to make a payment from the Student Tuition Recovery Fund established under A.R.S. § 32-3072, or

b. The DE or a private entity forgave loans, in whole or in part, to affected students; and

6. If the conviction described in subsection (A)(1) was discharged, expunged, set aside, or vacated, the Board shall consider this fact when exercising its discretionary power under this Section.

B. The Board shall grant or renew a regular license to a licensee if the licensee submits an application and:

1. The application includes the information required in subsection (C); and

2. The information provided demonstrates:

a. Compliance with A.R.S. § 32-3021(B)(1) through (11); and

b. The ability to provide educational services as represented to the public.

C. No later than 60 days before expiration of a licensee's conditional or regular license, the licensee shall submit to the Board an application packet that includes:

1. The filing fee required under R4-39-201;

2. The information and documentation required in R4-39-104(D)(2) through (D)(5), (D)(8)(a) and (c), (D)(9), (D)(10), (D)(12), (D)(14), (D)(15) and (D)(17); and

3. Information regarding the annual enrollment and retention and placement rates for each program offered by the licensee;

D. A licensee that fails to comply with subsection (C) and allows the licensee's conditional or regular license to expire shall:

1. Comply with subsection (C) within 30 days after the license expires, and

2. Pay the late renewal fee prescribed under A.R.S. § 32-3027(A)(7); or

3. Immediately cease operating in this state.

E. The Board may conduct an inspection, under A.R.S. § 41-1009, of a licensee's place of business to determine compliance with the requirements in A.R.S. Title 32, Chapter 30 and this Article.

F. As provided in A.R.S. § 32-3051, the Board may discipline a licensee that:

1. Intentionally or negligently misrepresents any material information in documents or testimony presented to the Board, or

2. Fails to comply fully with subsection (C) or (D) but continues to operate in this state.

Ariz. Admin. Code § R4-39-105

Adopted effective June 27, 1985 (Supp. 85-3). Amended effective October 10, 1997 (Supp. 97-4). Amended by final rulemaking at 11 A.A.R. 2262, effective August 6, 2005 (Supp. 05-2). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.