Md. Code Regs. 13B.02.03.28

Current through Register Vol. 51, No. 26, December 27, 2024

Section 13B.02.03.28 - Review by The Commission

A. Request for Review.

(1) Subject to the requirements of §B of this regulation, the Commission shall review a decision of the Secretary on a program proposal at the request of the president of an institution as provided in this section.

(2) If the Secretary disapproves or does not recommend a program, the president of the proposing institution may ask the Commission to review the Secretary's decision.

(3) If the Secretary approves or recommends a program, the president of an institution that objected during the Secretary's review within the time frames established by this chapter may ask the Commission to review the Secretary's decision.

B. Prerequisites to Review.

(1) The Commission shall accept a request for review of a decision of the Secretary on a program proposal, if the requirements of this section are met.

(2) Within 10 days of the issuance of the Secretary's decision, a president seeking the Commission's review of that decision shall send notification to the Secretary of its request for a review, and the Secretary shall immediately transmit the notification to the Commission chairperson.

(3) Unless the Commission finds that an exigent circumstance prevented a president from meeting the requirements of this section, the Commission may not accept a request for review of a decision of the Secretary on a program proposal if the requirements of this section are not met.

C. Notification to Involved Institutions.

(1) Within 3 business days of receipt of a request for review from a proposing institution, the Secretary shall notify any objecting institutions.

(2) Within 3 business days of receipt of a request for review from an objecting institution, the Secretary shall notify the proposing institution and any other objecting institutions.

D. Scheduling of Review Meeting.

(1) The Commission chairperson shall schedule a meeting to review the decision of the Secretary no less than 6 weeks after the Secretary's receipt of the request for review.

(2) The Commission chairperson may not schedule the meeting to review the decision more than 10 weeks after receipt of the request for review without the consent of the presidents of the proposing and objecting institutions.

(3) If the Commission chairperson is unable to schedule the meeting to review the decision of the Secretary at a regularly scheduled Commission meeting within the time period specified in this section, the Commission chairperson shall convene a special meeting at an appropriate date and time within the time period.

(4) The meeting may be held in person or virtually, at the discretion of the Commission chairperson.

E. Submission of Materials to Commission.

(1) Within 10 business days of the receipt of a request for review, the Secretary shall compile and transmit to the Commissioners, the president of the proposing institution, and the presidents of any objecting institutions the following materials:

(a) The proposal;

(b) Any objections to the proposal;

(c) Any responses to any objections to the proposal;

(d) The Secretary's decision letter;

(e) Any materials the Secretary received during the course of negotiation with the involved institutions;

(f) Any other materials the Secretary reviewed in order to make a determination regarding the proposal;

(g) A memorandum describing all attempts by the Secretary to promote collaboration or arbitrate between the relevant institutions, including any negotiation meetings with one or more of the involved institutions; and

(h) Any other materials the Secretary deems relevant to the request for review.

(2) No less than 3 weeks prior to the scheduled meeting, the president of the proposing institution and the presidents of any objecting institutions shall submit to the Commission, in care of the Secretary, with copies to all involved institutions, a memorandum containing a detailed rationale for the institution's position based on the relevant COMAR provisions in this chapter. The memorandum may reference any of the materials transmitted by the Secretary under §E(1) of this regulation and may not include any additional materials.

(3) The chancellor of the University System of Maryland, the president of the Maryland Independent College and University Association, or the president of the Maryland Association of Community Colleges may provide written comment regarding the review by submitting it to the Commission, in care of the Secretary, with copies to all involved institutions, no less than 3 weeks prior to the scheduled meeting.

(4) All materials received by the Secretary under this section shall immediately be forwarded to the Commissioners.

F. Conduct of the Review Meeting.

(1) The Commission chairperson, vice chair, or designee shall preside over the meeting, which shall be held in open session.

(2) Each president shall have 15 minutes, without interruption, to present to the Commissioners. The president may delegate a portion of the presentation to the chief academic officer. No other individuals may speak on behalf of an institution without prior permission of the Commission chairperson. Permission shall be requested no later than 2 weeks prior to the scheduled review meeting by sending a request to the Commission chairperson, in care of the Secretary. The Commission chairperson shall approve or deny the request within 3 business days of receipt.

(3) Not later than 1 week before the review meeting, the president of the proposing institution and the presidents of any objecting institutions shall inform the Commission chairperson, in care of the Secretary, of the name and title of each individual who will be speaking with or for them and any additional staff or individuals who will be present to answer questions from the Commissioners.

(4) The presentations shall focus on the key points of the institution's rationale for their position, based on the relevant COMAR provisions, and clarification or rebuttal of any of the materials submitted by the Secretary, an institution, or a segment leader.

(5) The Commission chairperson, vice-chair, or Commissioner presiding over the meeting shall determine the appropriate order of the presentations and notify the Secretary no later than 3 business days before the review meeting. The Secretary shall immediately transmit the presentation order to the presidents of the involved institutions.

(6) If a quorum cannot be established prior to the start of the review meeting, the review meeting shall be postponed to the next regular meeting of the Commission.

(7) Upon recognition by the Commission chairperson, vice-chair, or Commissioner presiding over the meeting, after each presentation, Commission members may ask questions of the Secretary or Commission staff, or any representative of an institution that has already presented. All institutional representatives must be recognized by the chairperson, vice-chair, or Commissioner presiding over the meeting prior to speaking.

G. Commission's Decision.

(1) The Commission shall render a decision that is consistent with the requirements of this chapter and any other applicable State and federal law.

(2) Upon completion of the presentations, the Commission shall discuss the presentations and materials. All discussions and deliberations shall occur in open session.

(3) After all Commissioners have been heard, the chairperson, vice-chair, or Commissioner presiding over the meeting shall, in open session, introduce a motion to:

(a) Approve or recommend for implementation the proposed program, as submitted;

(b) Approve or recommend for implementation the proposed program, with conditions; or

(c) Deny or not recommend for implementation the proposed program.

(4) In order to pass, any motion shall be approved by a majority of the members then serving on the Commission.

(5) After the motion has been seconded, a roll call vote on the motion shall be held in open session.

(6) If the motion does not pass, any Commissioner may introduce a different motion and, if the motion is seconded, the chairperson, vicechair, or Commissioner presiding over the meeting shall hold a roll call vote on that motion in open session.

(7) If no motion is introduced that is approved by a majority of the members then serving on the Commission, the decision of the Secretary shall stand.

(8) Not later than 5 business days after the review meeting, the Secretary shall send a letter to all presenting institutions, documenting the outcome of the review meeting, including any conditions that may have been approved by the Commission.

(9) The decision of the Commission, or, if the Commission was not able to come to a decision, the decision of the Secretary, is final, and is not subject to reconsideration by the Commission or review by any administrative or judicial body.

Md. Code Regs. 13B.02.03.28

Regulations .28 Academic Programs - Degree-Granting Institutions, adopted effective July 1, 1996 (23:13 Md. R. 945); amended effective 51:23 Md. R. 1037, eff. 12/1/2024.