Ariz. Admin. Code § 4-39-107

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

Section R4-39-107 - Requirements for a Provisional License to Continue to Operate a Private Non-accredited Degree-granting Institution in Arizona

A. Except as specified in subsection (A)(7), the Board shall not grant or renew a provisional 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 a 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 fails to apply for accreditation as required under R4-39-106(D)(3) or fails to make progress consistent with the chronological timeline specified under R4-39-106(D)(5) for three consecutive renewal periods;

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

6. 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

7. 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 provisional license to an applicant if the applicant 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 32-3022(C);

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

c. Progress in gaining accreditation from each accrediting agency named under R4-39-106(D)(3).

C. No later than 60 days before expiration of a licensee's conditional or provisional license, an applicant for an initial or renewed provisional license 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);

3. A report on the annual enrollment and retention and placement rates for each program offered;

4. Documents that demonstrate the applicant met the chronological timeline submitted under R4-39-106(D)(5); and

5. Copies of application documents and all correspondence with all accrediting agencies named under R4-39-106(D)(3), if applicable.

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

1. Notify the Board in writing by the next business day if the licensee:

a. Is determined by an accrediting agency named under R4-39-106(D)(3) to be ineligible to apply for accreditation with the accrediting agency;

b. Is precluded from initiating or continuing in the accreditation process by an accrediting agency named under R4-39-106(D)(3);

c. Is denied accreditation by an accrediting agency named under R4-39-106(D)(3);

d. Knows or should know that the licensee is or was under investigation by a state or federal agency or an accrediting agency; or

e. Decides to cease operations;

2. Within five days of:

a. Receipt, submit to the Board a copy of any document from an accrediting agency named under R4-39-106(D)(3) that pertains to the licensee's progress in gaining accreditation from the accrediting agency; and

b. Mailing or sending, submit to the Board a copy of any document mailed or sent by the licensee to an accrediting agency named under R4-39-106(D)(3) that pertains to the licensee's progress in gaining accreditation from the accrediting agency; and

3. Within 10 days after determining that the licensee failed to meet the timeline submitted under subsection R4-39-106(D)(5), submit written notice of the failure to the Board.

F. 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 of this Article.

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

1. Violates a requirement in subsection (E),

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

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

Ariz. Admin. Code § R4-39-107

Adopted effective June 27, 1985 (Supp. 85-3). Amended effective February 23, 1993 (Supp. 93-1). 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.