<subtitle num="01" heading="Nonpublic Schools"> <chapter num="01" heading="Minimum Requirements for Private Career Schools"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>The purpose of this chapter is to provide minimum requirements for the operation of private career schools in Maryland. All private career schools shall comply with Regulations .01—.20 of this chapter. A school offering a program in whole or part by distance education also shall comply with Regulations .21—.27 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Before issuing a certificate of approval or renewal of approval to operate a private career school, the Maryland Higher Education Commission is to be satisfied that the school is in compliance with these minimum requirements.</text> </paragraph> <paragraph num="C."> <text>The State recognizes the special nature of the private career school sector of postsecondary education which provides a diversity of programs in occupational and technical fields. The diversity of programs is both desirable and essential in serving the wide range of occupational interests of public constituencies. The presence of these institutions promotes a competitive spirit which can enhance the quality of education. The sector broadens access by providing an element of choice, making available to students a range of educational opportunities within the scope of the students' talents and aspirations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Additional location” means a separate facility of an approved school, not in close proximity to the approved school.</text> </paragraph> <paragraph num="(2)"> <text>“Advertising” means any statement of the school in writing or otherwise, through any media, which is intended to induce an individual to seek admission to or otherwise engage in any contract of admission to the school.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means the individual or individuals, firm, company, corporation, or other organization that is the owner or owners of a school proposed for approval. In the case of an application by a subsidiary of a corporation, “applicant” includes the parent corporation.</text> </paragraph> <paragraph num="(4)"> <text>“Application fee” means a fee paid by a prospective student to a school to indicate good faith in making application for acceptance.</text> </paragraph> <paragraph num="(5)"> <text>“Attendance” means:</text> <paragraph num="(a)"> <text>The time a student is physically present for the delivery of instruction required for the residency requirement or externship portion of a program; or</text> </paragraph> <paragraph num="(b)"> <text>The active participation of a student in distance education as documented by the submission by the student of lesson assignments required for program completion.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Bona fide” means made in good faith, without fraud or deceit, and legally valid.</text> </paragraph> <paragraph num="(7)"> <text>“Catalog” means a printed description of the school, which includes, but is not limited to, its courses or programs, staffing, instructional calendar, costs, and school policies.</text> </paragraph> <paragraph num="(8)"> <text>“Combined program” means a program that includes distance education and a residency requirement.</text> </paragraph> <paragraph num="(9)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(10)"> <text>“Course” means a portion of a program of study covering specific subject matter.</text> </paragraph> <paragraph num="(11)"> <text>“Date of withdrawal or termination” means the student's last date of attendance.</text> </paragraph> <paragraph num="(12)"> <text>Distance Education.</text> <paragraph num="(a)"> <text>“Distance education” means the formal education process in which the delivery of instruction occurs beyond a school's walls since the student and instructor are in different places.</text> </paragraph> <paragraph num="(b)"> <text>Distance education may include:</text> <paragraph num="(i)"> <text>A variety of communication methods for delivering instruction to students; and</text> </paragraph> <paragraph num="(ii)"> <text>Instruction delivered in real time (synchronous) or delayed (asynchronous).</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Enrollment of a school” means the number of students who are enrolled in a school at the beginning of a given instructional period.</text> </paragraph> <paragraph num="(14)"> <text>“Enrollment of a student” means the signing of a contractual agreement by a student to attend a private career school.</text> </paragraph> <paragraph num="(15)"> <text>“Externship” means training, including but not limited to a supervised work experience or practicum, which is an integral part of an approved program and which is conducted off the premises of the school's approved facility.</text> </paragraph> <paragraph num="(16)"> <text>“Institution of higher education” means an institution of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at either the associate, baccalaureate, or graduate level.</text> </paragraph> <paragraph num="(17)"> <text>“Instruction” means any method or procedure used to impart knowledge or develop skills.</text> </paragraph> <paragraph num="(18)"> <text>“Instructor-student ratio” means the number of instructors responsible for the instruction or supervision of a group of students in relation to the number of students enrolled in the group.</text> </paragraph> <paragraph num="(19)"> <text>“Last date of attendance” means:</text> <paragraph num="(a)"> <text>The last date the student attended scheduled instruction required for the residency requirement of a program; or</text> </paragraph> <paragraph num="(b)"> <text>The last date the student submitted a lesson assignment required for a program or portion of a program delivered by distance education.</text> </paragraph> </paragraph> <paragraph num="(19-1)"> <text>“Non-Title IV school” means a school that does not participate in federal financial aid programs under Title IV of the Higher Education Act of 1965.</text> </paragraph> <paragraph num="(20)"> <text>“Official leave of absence” means any leave of absence granted by a school under the terms set out in Regulation .09M of this chapter.</text> </paragraph> <paragraph num="(21)"> <text>“Private career school” means a privately owned and privately operated institution of postsecondary education, other than an institution of higher education, that furnishes or offers to furnish programs, whether or not requiring a payment of tuition or a fee, for the purpose of training, retraining, or upgrading individuals for gainful employment as skilled or semiskilled workers or technicians in recognized occupations or in new and emerging occupations.</text> </paragraph> <paragraph num="(22)"> <text>“Program” means a group of courses or a course of study organized to develop a specific knowledge of vocational skills for the purpose of training, retraining, or upgrading individuals for gainful employment.</text> </paragraph> <paragraph num="(23)"> <text>“Registration fee” means a fee paid at the time of registration to cover the costs of registration.</text> </paragraph> <paragraph num="(24)"> <text>“Residency requirement” means a mandatory portion of an instructional program that a student is required to take at the school, in the presence of and offered by a qualified instructor of the school offering the program of training and awarding the certification of competence.</text> </paragraph> <paragraph num="(25)"> <text>“Sales representative” means any person who contacts individuals or groups for the specific purpose of recruiting students for enrollment in the school.</text> </paragraph> <paragraph num="(26)"> <text>“Scholarship” means a specific gift of money or other grant or gift to help defray the cost of a student's education.</text> </paragraph> <paragraph num="(27)"> <text>“School” means a private career school.</text> </paragraph> <paragraph num="(28)"> <text>“Secretary” means the Secretary of Higher Education or the Secretary's designee.</text> </paragraph> <paragraph num="(29)"> <text>“Separate classroom” means supplemental training space:</text> <paragraph num="(a)"> <text>Located near an approved school for the purpose of training students who cannot be accommodated in the existing approved facilities of the school or for the purpose of expanding a school's educational offerings; and</text> </paragraph> <paragraph num="(b)"> <text>The location of which shall provide students convenient, safe, and easy access to the training and services provided at the existing approved facilities of the school.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Space requirements” means net assignable square feet within buildings available for instruction after deducting noninstructional areas such as corridors, stairways, offices, and lavatories.</text> </paragraph> <paragraph num="(31)"> <text>“Student” means an individual enrolled in a private career school.</text> </paragraph> <paragraph num="(32)"> <text>“Title IV school” means a school certified by the U.S. Secretary of Education to participate in federal financial aid programs under Title IV of the Higher Education Act of 1965.</text> </paragraph> <paragraph num="(33)"> <text>“Total non-Title IV tuition liability” means a school’s total tuition liability minus the amount of Title IV federal financial aid received by the school on behalf of its students.</text> </paragraph> <paragraph num="(34)"> <text>“Total tuition liability” means the amount of tuition due to a school at its maximum permitted enrollment, which is the sum of each program’s tuition multiplied by the maximum permitted enrollment of that program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Scope, Applicability, and Exemption."> <paragraph num="A."> <text>These regulations apply to all private career schools that require a certificate of approval to commence or continue to operate, do business, or function in the State.</text> </paragraph> <paragraph num="B."> <text>These regulations, except where explicitly stated otherwise, do not apply to:</text> <paragraph num="(1)"> <text>A program delivered entirely by distance education to a single individual at a Maryland location by a person, firm, corporation, or other organization that operates all aspects of the business outside of Maryland, including but not limited to, the origination, transmission, and administration of the distance education program from outside of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Continuing education activities involving courses, seminars, workshops, and demonstrations that provide instruction or knowledge for the purpose of maintaining professional or occupational competence, licensure, or certification;</text> </paragraph> <paragraph num="(3)"> <text>Refresher or continuing education instruction sponsored by a professional group for the exclusive use and benefit of the members of that professional group;</text> </paragraph> <paragraph num="(4)"> <text>Instruction conducted by a person, firm, corporation, or other organization exclusively for its own employees;</text> </paragraph> <paragraph num="(5)"> <text>Apprenticeship as registered with the Maryland Department of Labor;</text> </paragraph> <paragraph num="(6)"> <text>Instruction provided by an individual instructor who goes to various places to offer instruction to not more than one individual;</text> </paragraph> <paragraph num="(7)"> <text>A religious educational institution that certifies, in accordance with COMAR 13B.02.04, that the institution:</text> <paragraph num="(a)"> <text>Is founded and operated by a church or other religious institution or organization of churches or religious institutions as an integral part of the religious ministry of that institution or organization;</text> </paragraph> <paragraph num="(b)"> <text>Offers sectarian instruction only designed for and aimed at persons who hold or seek to learn particular religious faiths or beliefs of religious institutions or religious organizations, and provides only educational programs for religious vocations; and</text> </paragraph> <paragraph num="(c)"> <text>States on the certificate or diploma the religious nature of the award; or</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A church or other religious institution offering a postsecondary instructional program leading to a certificate or diploma only if designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of that church or religious institution, and providing only educational programs for religious purposes.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exemption.</text> <paragraph num="(1)"> <text>A person providing training or instruction that is within the scope of §B of this regulation may be granted an exemption by the Secretary. A person seeking an exemption shall file documentation as required by the Secretary.</text> </paragraph> <paragraph num="(2)"> <text>Each exemption is subject to review on a periodic basis or on receipt of a complaint by the Secretary, who may require the person holding the exemption to provide further supporting documentation as determined necessary by the Secretary. A person holding an exemption shall comply with the Secretary’s request for documentation.</text> </paragraph> <paragraph num="(3)"> <text>On review by the Secretary, if a person providing training or instruction no longer qualifies for an exemption, the Secretary shall withdraw the exemption and, as required by law, the person shall cease operation and may file an application for approval to operate a private career school.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Partial Exemption for Nonprofit Grant-Funded Institutions that Charge No Tuition and Fees to Students.</text> <paragraph num="(1)"> <text>The Secretary may grant a partial exemption from the requirements of this chapter, as described in §D(2) of this regulation, to a private career school if the Secretary determines that the school:</text> <paragraph num="(a)"> <text>Is a nonprofit organization authorized to do business in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Charges no tuition, fees, or other costs to students or prospective students;</text> </paragraph> <paragraph num="(c)"> <text>Is funded entirely by government or private grants; and</text> </paragraph> <paragraph num="(d)"> <text>Is accountable to, and meets the performance standards of, its grantors.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the Secretary finds that a school qualifies for a partial exemption under §D(1) of this regulation, the Secretary may exempt the school from any of the following requirements of this chapter deemed inapplicable to the school:</text> <paragraph num="(a)"> <text>Regulation .04B(2)(b) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Regulation .04B(6) of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Regulation .09A of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>Regulation .09C of this chapter, except that the school shall disclose to students in writing that training received at the school is not necessarily transferable to another school or to a collegiate institution;</text> </paragraph> <paragraph num="(e)"> <text>Regulation .09D of this chapter, except that laboratory instruction shall be integrated with theory in accordance with sound educational practice and as approved by the Secretary;</text> </paragraph> <paragraph num="(f)"> <text>Regulation .09F of this chapter;</text> </paragraph> <paragraph num="(g)"> <text>Regulation .11E of this chapter;</text> </paragraph> <paragraph num="(h)"> <text>Regulation .11F of this chapter;</text> </paragraph> <paragraph num="(i)"> <text>Regulation .11I(3 of this chapter);</text> </paragraph> <paragraph num="(j)"> <text>Regulation .12;</text> </paragraph> <paragraph num="(k)"> <text>Regulation .18;</text> </paragraph> <paragraph num="(l)"> <text>Regulation .26B of this chapter; and</text> </paragraph> <paragraph num="(m)"> <text>Regulation .27.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school that receives a partial exemption under §D(1) of this regulation shall provide promptly to the Secretary notice and copies, if applicable, of:</text> <paragraph num="(a)"> <text>A performance report or annual report that the school submits to its grantors;</text> </paragraph> <paragraph num="(b)"> <text>A notice of an adverse action, or potentially adverse action, that the school receives from a grantor, accreditor, or government agency;</text> </paragraph> <paragraph num="(c)"> <text>A substantial change in financial status; and</text> </paragraph> <paragraph num="(d)"> <text>An actual or anticipated failure to meet the criteria set forth in §D(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the Secretary finds that a school no longer meets the criteria set forth in §D(1) of this regulation, the Secretary shall notify the school that it no longer qualifies for the partial exemption.</text> </paragraph> <paragraph num="(5)"> <text>A school that receives notification from the Secretary under §D(4) of this regulation shall, within 30 days of the issuance of the notification, provide to the Secretary a written plan to:</text> <paragraph num="(a)"> <text>Meet the criteria set forth in §D(1) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Comply with all requirements of this subtitle, including the requirements from which the school previously was exempt under §D(2) of this regulation; or</text> </paragraph> <paragraph num="(c)"> <text>Discontinue operations and teach-out current students.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Within 30 days of receipt of a school’s plan under §D(5) of this regulation, the Secretary shall notify the school if the plan is approved or requires modification.</text> </paragraph> <paragraph num="(7)"> <text>A school’s failure to submit a plan required under §D(5), failure to modify a plan under §D(6), or failure to adhere to an approved plan, may result in sanctions pursuant to Regulation .20 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="School Approval Process."> <paragraph num="A."> <text>Delegation to Secretary on Approvals.</text> <paragraph num="(1)"> <text>The Maryland Higher Education Commission has delegated to the Secretary of Higher Education the responsibility and authority to act on its behalf on applications for the operation of private career schools in the State, including but not limited to initial approvals, renewals of approval, changes of ownership, approvals of additional locations and new programs, denials of approval, and withdrawals of approval.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary shall prepare and present a report to the Commission summarizing actions taken under this delegation since the last report.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Initial Approval to Operate.</text> <paragraph num="(1)"> <text>Application for initial approval of a school shall be made to the Secretary on an application form provided by the Secretary, and accompanied by additional information as may be required.</text> </paragraph> <paragraph num="(2)"> <text>In addition to documents required by the application form, the application shall include the following items:</text> <paragraph num="(a)"> <text>A detailed and accurate description of the school's proposed program or programs and operation of the school;</text> </paragraph> <paragraph num="(b)"> <text>A financial statement described in §B(11) of this regulation or a financial guarantee described in Regulation .19 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>A projection of anticipated revenues and expenditures for the proposed school for the first year of operation;</text> </paragraph> <paragraph num="(d)"> <text>A nonrefundable application fee in the amount of:</text> <paragraph num="(i)"> <text>$300 for schools seeking approval for up to three programs; or</text> </paragraph> <paragraph num="(ii)"> <text>$300 plus $100 for each program over three, for schools seeking approval for more than three programs; and</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A plan for maintaining the proposed school as a workplace and educational institution free of drug and alcohol abuse.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Completed Application. Within 30 days of receipt of the application, the Secretary shall inform the applicant whether the application is complete or not complete. If the application is not complete, it shall be returned to the applicant. The applicant may resubmit a completed application.</text> </paragraph> <paragraph num="(4)"> <text>On-Site Visit.</text> <paragraph num="(a)"> <text>A detailed review of the school's proposed program or programs and operation shall be made by an on-site visit by staff of the Maryland Higher Education Commission or by an individual or a team authorized by the Secretary to assess and recommend whether the Commission should issue a certificate of approval to the school.</text> </paragraph> <paragraph num="(b)"> <text>In the case of an applicant who has not previously been approved to operate a private career school in Maryland but who operates a private career school outside Maryland, the Secretary:</text> <paragraph num="(i)"> <text>Shall request information on the approval status of the applicant from the responsible postsecondary approval agency having proper jurisdiction over the out-of-State school.</text> </paragraph> <paragraph num="(ii)"> <text>May require an on-site visit by the staff of the Maryland Higher Education Commission be made to the out-of-State school. The staff member or members making the visit shall file a report with the Secretary concerning the extent to which the out-of-State school visited is in compliance with these minimum requirements. The applicant shall bear the cost of the on-site visit.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Initial approval to operate a school may not be given until all required local, State, and federal approvals are obtained.</text> </paragraph> <paragraph num="(6)"> <text>Financial Requirement. Before receiving initial approval, each school shall:</text> <paragraph num="(a)"> <text>Make a payment to the Guaranty Student Tuition Fund in accordance with the schedule in Regulation .18E(4) of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Provide a financial guarantee in accordance with Regulation .19 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Certificate of Approval.</text> <paragraph num="(a)"> <text>Advisory Council.</text> <paragraph num="(i)"> <text>The Secretary shall appoint an advisory council to review all new school applications and make recommendations to the Secretary before a school is given initial approval to operate.</text> </paragraph> <paragraph num="(ii)"> <text>The Secretary may refer issues related to new program applications and program modifications to the Advisory Council for its review, comment, or recommendation.</text> </paragraph> <paragraph num="(iii)"> <text>A member of the Advisory Council may not participate in the voting on any issue which may present a conflict of interest for that member. When an issue which presents a conflict of interest for a member is to be voted upon, that member shall exit the room, and the member's departure shall be noted in the minutes.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the Secretary is satisfied, based on all the information available to the Secretary, that the minimum requirements set forth in these regulations are met, the Secretary shall issue a certificate of approval to operate on the conditions and for a period of time, not to exceed 5 years, as the Secretary may consider appropriate. The Secretary may grant interim approval for the school to operate, specifying the conditions and the duration of the interim approval.</text> </paragraph> <paragraph num="(c)"> <text>The Secretary may accept, as appropriate, the findings of an agency or department of the State that has concurrent approval authority over a school if that agency's standards are substantially similar to these minimum requirements.</text> </paragraph> <paragraph num="(d)"> <text>A certificate of approval for each school location shall be issued in the name of the applicant. Certificates of approval are valid for the period specified by the Secretary, unless surrendered by the school or revoked by action of the Secretary. In the event of the death of any individual certificate holder, the certificate may become void. However, the Secretary may grant interim approval for the school to operate, specifying the conditions and the duration of the interim approval.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The approval of a school is limited to the location and programs for which application has been made and approval granted. Application shall be made to the Secretary for additional locations as well as changes in locations and programs as provided by these regulations.</text> </paragraph> <paragraph num="(9)"> <text>If the Secretary has not provided the applicant with either a certificate of approval or a notice of deficiencies within 6 months of the receipt by the Commission of that applicant's completed application, the applicant may request within 20 days a hearing before the Commission to determine if the certificate of approval should be issued. The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(10)"> <text>An applicant may not advertise a program or school, enroll students, or solicit enrollments in any way until approval to operate is granted by the Secretary.</text> </paragraph> <paragraph num="(11)"> <text>A financial statement under §B(2)(b) of this regulation shall:</text> <paragraph num="(a)"> <text>Be reviewed by a certified public accountant;</text> </paragraph> <paragraph num="(b)"> <text>Demonstrate that the applicant has adequate resources and assets to protect the interest of students to be enrolled;</text> </paragraph> <paragraph num="(c)"> <text>Contain comparative financial data for the previous 3 fiscal years, when available; and</text> </paragraph> <paragraph num="(d)"> <text>Be certified as true and correct by a responsible official on behalf of the applicant.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Renewal of Approval to Operate.</text> <paragraph num="(1)"> <text>At least 6 months before the expiration of a school's approval to operate, the school shall make application for a renewal of approval to operate on forms provided by the Secretary. The application shall be accompanied by a self-evaluation of the school in a format provided by the Secretary, and by additional information as may be required by the Secretary.</text> </paragraph> <paragraph num="(2)"> <text>On-Site Visit. A detailed review of the school's programs and operation shall be made by an on-site visit by staff of the Maryland Higher Education Commission or by a team authorized by the Secretary to assess and recommend whether the Commission should renew the authority of the school to operate.</text> </paragraph> <paragraph num="(3)"> <text>Financial Statement. An application for renewal of approval to operate shall be accompanied by a financial statement reviewed by a certified public accountant which provides a detailed and accurate picture of the financial status of the school.</text> </paragraph> <paragraph num="(4)"> <text>Drug-Free Workplace. An application for renewal to operate shall include a plan for maintaining a workplace and educational institution free of drug and alcohol abuse.</text> </paragraph> <paragraph num="(5)"> <text>A certificate of approval may be issued by the Secretary for a period not to exceed 5 years. If the certificate of approval is issued for less than a 5-year period, the Secretary shall specify what actions or steps the school shall be required to take to attain a certificate of approval for a 5-year period. Failure to meet specified requirements within the time allotted by the Secretary constitutes a violation of these regulations. An approval issued before the effective date of these regulations remains valid for the period set by the Secretary at the time of issuance, provided that no provisions of these regulations are violated.</text> </paragraph> <paragraph num="(6)"> <text>Financial Requirement. The Secretary shall require a school to forward a financial guarantee described in Regulation .19 of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>The Secretary may accept, as appropriate, the findings of an agency or department of the State that has concurrent approval authority over a school if that agency's standards are substantially similar to these minimum requirements.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Change of Ownership.</text> <paragraph num="(1)"> <text>The certificate of approval of a school may not be sold, transferred, or pledged.</text> </paragraph> <paragraph num="(2)"> <text>The certificate of approval of a school is automatically revoked upon a change of ownership, by whatever means, of that school.</text> </paragraph> <paragraph num="(3)"> <text>If an approved school is being sold, pledged, or otherwise transferred, the school and its prospective transferees shall apply for approval for the school before the transfer is consummated. The application shall be made in accordance with regulations governing initial approval. If an approved school is sold, pledged, or otherwise transferred without the approval of the Secretary, the initial approval is automatically revoked.</text> </paragraph> <paragraph num="(4)"> <text>For continued operation, the Secretary may grant an interim approval for the school to operate and specify the conditions and the duration of the interim approval.</text> </paragraph> <paragraph num="(5)"> <text>Financial Requirement. The Secretary shall require a prospective owner of a school to forward a financial guarantee described in Regulation .19 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>New Locations — Additional Locations and Changes in Location.</text> <paragraph num="(1)"> <text>Instruction may not begin at an additional location, additional separate classroom, or changed location before the Secretary approves the location.</text> </paragraph> <paragraph num="(2)"> <text>Additional Locations. An additional location of an approved school shall be approved pursuant to §B of this regulation for initial approval for 3 years, and shall meet all requirements for initial approval, including the financial requirement.</text> </paragraph> <paragraph num="(3)"> <text>Separate Classrooms. A school shall submit to the Secretary an application for approval of the use of a separate classroom or classrooms on forms and in a format provided by the Secretary at least 30 days before the proposed use of the classroom or classrooms.</text> </paragraph> <paragraph num="(4)"> <text>Change of Location. A school shall submit to the Secretary an application for approval for a change of location of an approved school on forms and in a format provided by the Secretary at least 60 days before the proposed use of the new location.</text> </paragraph> <paragraph num="(5)"> <text>Satellite Classrooms.</text> <paragraph num="(a)"> <text>In this subsection, “satellite classroom” means an additional instructional space geographically separated from a real estate school’s approved location.</text> </paragraph> <paragraph num="(b)"> <text>A real estate school approved to offer a real estate salesperson prelicensing program may establish one or more satellite classrooms to offer its approved program in the approved manner with qualified instructors without the prior approval of the Secretary.</text> </paragraph> <paragraph num="(c)"> <text>A satellite classroom shall be:</text> <paragraph num="(i)"> <text>Located only in an established real estate office or other recognized place of business conducive to classroom instruction; and</text> </paragraph> <paragraph num="(ii)"> <text>Used only for the purpose of instruction.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Each real estate school establishing a satellite classroom shall:</text> <paragraph num="(i)"> <text>Maintain a complete list of all satellite classrooms, identifying each classroom by business name and address;</text> </paragraph> <paragraph num="(ii)"> <text>Submit the complete list with the school’s annual report each year, stating whether the satellite classroom was used during the reporting year;</text> </paragraph> <paragraph num="(iii)"> <text>Limit total student enrollment at its approved location and all satellite classrooms to the maximum enrollment approved by the Secretary; and</text> </paragraph> <paragraph num="(iv)"> <text>Maintain all student records from its satellite classrooms at the school’s approved location.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Program Approval Process."> <paragraph num="A."> <text>Approval of New Programs/Program Modifications.</text> <paragraph num="(1)"> <text>Approval of New Programs.</text> <paragraph num="(a)"> <text>Application for approval to offer a new program shall be made to the Secretary on an application form provided by the Secretary and accompanied by additional academic and financial information as may be required.</text> </paragraph> <paragraph num="(b)"> <text>Completed Application. Within 15 days of receipt of the application, the Secretary shall inform the applicant whether the application is complete or not complete. If the application is not complete, it shall be returned to the applicant. The applicant may resubmit a complete application.</text> </paragraph> <paragraph num="(c)"> <text>Applications for new program approval shall report the program in clock hours. The application shall state whether the program is to be offered by clock hours or credit hours.</text> </paragraph> <paragraph num="(d)"> <text>Applications for new program approval shall include a description of job opportunities that are available to persons who complete the proposed program and shall provide evidence of market demand.</text> </paragraph> <paragraph num="(e)"> <text>A school may not advertise, promote, enroll students for, or offer a new program until the Secretary has approved the new program.</text> </paragraph> <paragraph num="(f)"> <text>If the Secretary fails to act on an application for program approval within 60 days of receiving a completed application, the program is considered approved.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Program Modifications.</text> <paragraph num="(a)"> <text>A school shall notify the Secretary of proposed modifications to approved programs at least 60 days before the proposed date of implementation on a form provided by the Secretary.</text> </paragraph> <paragraph num="(b)"> <text>Substantial modifications to approved programs shall be approved by the Secretary before implementation, and may include, but are not limited to:</text> <paragraph num="(i)"> <text>An increase or decrease in the number of hours required in the program;</text> </paragraph> <paragraph num="(ii)"> <text>A redistribution of the hours of a program;</text> </paragraph> <paragraph num="(iii)"> <text>A change in program objectives;</text> </paragraph> <paragraph num="(iv)"> <text>Changes in the requirements for admission or satisfactory completion, or both;</text> </paragraph> <paragraph num="(v)"> <text>Changes in the sequence of instructional hours;</text> </paragraph> <paragraph num="(vi)"> <text>Changes in program title; and</text> </paragraph> <paragraph num="(vii)"> <text>Changes in the credential awarded upon completion of the program.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Secretary shall notify the school whether the proposed modification is a substantial modification requiring approval.</text> </paragraph> <paragraph num="(d)"> <text>If the Secretary deems the modification to be substantial, the school shall apply for approval of the program modification in accordance with forms provided by the Secretary.</text> </paragraph> <paragraph num="(e)"> <text>A school may not advertise, promote, enroll students for, or offer a substantially modified program without the prior approval of the Secretary.</text> </paragraph> <paragraph num="(f)"> <text>If the Secretary fails to act on an application for a program modification within 60 days of receiving a completed application, the program modification is considered approved.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Appeal Procedure.</text> <paragraph num="(1)"> <text>In the event of an appeal of the Secretary's denial of approval for a new program or substantial modification of a program, the following procedures shall be followed:</text> <paragraph num="(a)"> <text>A letter of appeal from the chief executive officer of the appealing party shall be received by the Secretary within 30 days of receipt of the official notice of the Secretary's decision;</text> </paragraph> <paragraph num="(b)"> <text>At that time, the appealing party shall submit its full rationale in support of the appeal to the Commission, including:</text> <paragraph num="(i)"> <text>A summary of the justification for a review of the Secretary's decision, and</text> </paragraph> <paragraph num="(ii)"> <text>Any relevant supporting evidence; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Following receipt of the letter of appeal together with any relevant supporting evidence submitted under §B(1)(b) of this regulation, the appeal will be placed on the agenda for the next regularly scheduled meeting of the Education Policy Committee, or the Finance Policy Committee, or the full Commission, except upon request by the appealing party and proof of compelling circumstances, the Commission or committee may schedule a hearing prior to its next regularly scheduled meeting.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Testimony at Hearing.</text> <paragraph num="(a)"> <text>The Secretary shall designate a staff representative who shall have 15 minutes to present oral testimony in support of the Secretary's decision.</text> </paragraph> <paragraph num="(b)"> <text>The school shall designate a representative who shall have 15 minutes to present oral testimony in support of the school's appeal.</text> </paragraph> <paragraph num="(c)"> <text>The staff representative may have 10 minutes to present rebuttal testimony upon completion of the school's testimony.</text> </paragraph> <paragraph num="(d)"> <text>The school may have 10 minutes to present rebuttal testimony upon completion of the staff representative's rebuttal.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Testimony shall be directly related to the reasons for the Secretary's denial. In the appeal process, a school shall present only that information, data, facts, and materials which clarify material contained in the original proposal and relate to the basis on which the program was denied.</text> </paragraph> <paragraph num="(4)"> <text>At the hearing, either party may present a written summary of the oral presentation, including relevant documents. Documentation provided by the school shall be directly related to the deficiencies noted by the Secretary.</text> </paragraph> <paragraph num="(5)"> <text>The committee or Commission may ask questions of either party. Other testimony is not permitted, including testimony from other parties in support of or in opposition to the appeal.</text> </paragraph> <paragraph num="(6)"> <text>Recommendation to the Commission When Hearing is Conducted by Committee.</text> <paragraph num="(a)"> <text>Upon completion of the testimony, the committee shall adjourn to executive session to discuss the testimony received at the hearing, as well as any relevant documentation submitted by either party.</text> </paragraph> <paragraph num="(b)"> <text>After deliberation, but not later than 5 working days after the hearing, the committee shall make a written recommendation to the Commission.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Commission Action.</text> <paragraph num="(a)"> <text>At the next scheduled meeting of the Commission, the Commission shall receive and act upon a report from the chairman of the committee on the appeal. The report shall include the committee's recommendations and rationale for the recommendations.</text> </paragraph> <paragraph num="(b)"> <text>After an advance written request to the Chairman of the Commission, the chairman may permit a school to present a statement in support of or in opposition to the recommendation of the committee.</text> </paragraph> <paragraph num="(c)"> <text>The decision of the Commission is final and not subject to further review or appeal.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Procedure When Hearing Is Conducted by the Commission.</text> <paragraph num="(a)"> <text>Upon completion of the testimony, the Commission shall adjourn to executive session to discuss the testimony received at the hearing, as well as any relevant documentation submitted by either party.</text> </paragraph> <paragraph num="(b)"> <text>After deliberation, but not later than 5 working days after the hearing, the Commission shall send a final written decision to the appealing party.</text> </paragraph> <paragraph num="(c)"> <text>The decision of the Commission is final and not subject to further review or appeal.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="School Reports."> <paragraph num="A."> <text>Annual School Report. An approved school is required to submit an annual report each year on forms and on a schedule provided by the Secretary. This report covers the fiscal and managerial aspects of the school's operation and other information as required by the Secretary.</text> </paragraph> <paragraph num="B."> <text>Reporting to Other State Agencies. The Secretary may waive part or all of the requirements in §A of this regulation, if it is determined that the same information is being collected by another State agency and is available to the Maryland Higher Education Commission from that State agency upon request.</text> </paragraph> <paragraph num="C."> <text>Government and Accreditation Reports.</text> <paragraph num="(1)"> <text>An approved school shall file with the Secretary, within 5 days of receipt by the school, any reports or notices from government agencies, accreditation agencies, or other entities or organizations which notify the school of any actual or potential adverse actions to be taken against the school, including but not limited to:</text> <paragraph num="(a)"> <text>Citations of deficiencies;</text> </paragraph> <paragraph num="(b)"> <text>Requests for, or notices of, hearings;</text> </paragraph> <paragraph num="(c)"> <text>Suspension or revocation of approval or accreditation;</text> </paragraph> <paragraph num="(d)"> <text>Changes in financial aid eligibility;</text> </paragraph> <paragraph num="(e)"> <text>Show cause orders;</text> </paragraph> <paragraph num="(f)"> <text>Notification of penalties, fines, liens, judgments, or levies to collect judgments or liens; or</text> </paragraph> <paragraph num="(g)"> <text>Other disciplinary or punitive actions.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Accreditation reports received by the school shall be available to the Secretary upon request.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Organization and Administration."> <paragraph num="A."> <text>The organization of a school shall be designed to accomplish the school’s objectives as stated in its application for certification of approval.</text> </paragraph> <paragraph num="B."> <text>The owner, director, and employees of an applicant for approval or of a school shall have a demonstrated history of ethical personal and professional practices. The school shall be administered in conformity with generally accepted educational, professional, and ethical standards.</text> </paragraph> <paragraph num="C."> <text>The owner of a school that closes may not subsequently own, operate, or finance a school, unless the Secretary determines that all required fines and student tuition refunds were paid by the closed school.</text> </paragraph> <paragraph num="D."> <text>At the time of initial approval and renewal of approval, the school shall submit to the Secretary, on forms provided by the Secretary, such information as the Secretary may require on the education, training, and experience of its administrative, marketing and sales, supervisory, and instructional staff. These forms shall be maintained at the school for each new and continuing employee.</text> </paragraph> <paragraph num="E."> <text>Director.</text> <paragraph num="(1)"> <text>To assure proper supervision, a full-time responsible administrative employee or officer of the school, who is the director or the director's designee, shall be present when the school is in operation. The director and any designee shall be under the direct supervision and control of the school’s owner. The extent of the authority and responsibilities of the director shall be clearly stated in the application for approval. Lack of sufficient authority for effective management on the part of the director is considered sufficient reason for denying an application for approval or for revoking a certificate of approval.</text> </paragraph> <paragraph num="(2)"> <text>The minimum qualifications for a director of a school are 4 years of experience in the area in which training is offered or completion of a standard 4-year college or technical program and 2 years of experience in the area. The Secretary may waive this requirement if it is determined that the minimum qualifications for a director have been met through other specific qualifications. If the school offers instruction in an area in which the director is not qualified, another staff member shall have the qualifications stated above. A director or principal whose qualifications were approved before the effective date of these regulations is considered as having met these requirements.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The administrative staff shall be organized in a structure that is appropriate to the size and purpose of the school. The duties and responsibilities shall be defined and stated clearly in the application and the administrative policies of the school.</text> </paragraph> <paragraph num="G."> <text>The director of a school proposed for approval shall demonstrate administrative capability before a certificate of approval is issued.</text> </paragraph> <paragraph num="H."> <text>The school's administrative and instructional staff shall be of sufficient size, organization, and quality to perform the duties and responsibilities required of the school and shall be appropriate for the size and purpose of the school.</text> </paragraph> <paragraph num="I."> <text>Administrative staff shall be qualified by appropriate training and experience to perform their responsibilities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Admission and Recruitment."> <paragraph num="A."> <text>Admission Requirements. Schools shall have admission requirements for each program so that each student admitted to a program may expect to be able to complete the program successfully. The school shall strictly adhere to the approved admissions requirements and policies. A prospective student may not begin training in a program until all entrance requirements have been fulfilled. A school shall maintain documentation indicating that all admissions requirements have been met.</text> </paragraph> <paragraph num="B."> <text>A school may not admit students to a program preparing students for licensed occupations whom the school knows, or by the exercise of reasonable diligence should know, would be ineligible to obtain licensure in the occupation for which they are being trained.</text> </paragraph> <paragraph num="C."> <text>Sales Representatives and Recruitment.</text> <paragraph num="(1)"> <text>Sales representatives of schools shall be at least 18 years old and selected primarily on the basis of ability and integrity. Each representative shall be given adequate training so as to be knowledgeable of school policies and procedures. The school shall be responsible for any statements or commitments made by its representatives and employees to students or prospective students.</text> </paragraph> <paragraph num="(2)"> <text>A school shall permit recruitment only by persons who are under the direct control of the school and adhere to the policies and procedures of the school. The school may not contract with a third party for the recruitment of students.</text> </paragraph> <paragraph num="(3)"> <text>Tuition discounts, premiums, or financial inducements for enrollment may not be offered to prospective students.</text> </paragraph> <paragraph num="(4)"> <text>Financial inducements, not to exceed $50 in value, may be paid to students or graduates for enrollment referrals. Premiums or incentives may not be paid or distributed until the referred person begins training.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Enrollment of a School. The enrollment of a school as of the first day of an instructional period shall strictly comply with the school's approved enrollment limitations. The school shall strictly adhere to enrollment limitations specified in the approval throughout the instructional period.</text> </paragraph> <paragraph num="E."> <text>The individual classroom limitations and student-instructor ratio shall comply strictly with the school's approved limitations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Instructional Programs."> <paragraph num="A."> <text>Hours.</text> <paragraph num="(1)"> <text>A school may measure instructional time of programs and courses in either clock hours or credit hours with the approval of the Secretary of Higher Education.</text> </paragraph> <paragraph num="(2)"> <text>Clock Hours. Schools that are authorized to measure instructional time in clock hours shall report the total number of clock hours and the number of weeks for each program and the component courses. A school shall adopt a consistent measurement of clock hours for which 1 clock hour equates to a minimum of 50 minutes of actual instructional time per each 60-minute hour.</text> </paragraph> <paragraph num="(3)"> <text>Credit Hours.</text> <paragraph num="(a)"> <text>Each school using credit hours shall use either semester hours or quarter hours.</text> </paragraph> <paragraph num="(b)"> <text>Schools that are authorized to measure instructional time in credit hours are required to convert clock hours to credit hours using a consistent formula.</text> </paragraph> <paragraph num="(c)"> <text>In converting clock hours to credit hours, the school may use either the following formula or a formula required by the U.S. Department of Education:</text> <paragraph num="(i)"> <text>One semester credit hour is the equivalent of 15 hours of classroom contact when the lecture instruction method is employed. Each hour of classroom instruction shall be at least 50 minutes in length.</text> </paragraph> <paragraph num="(ii)"> <text>One semester credit hour is the equivalent of 30 hours of laboratory contact when the supervised laboratory method of instruction is employed. Each hour of laboratory instruction shall be at least 50 minutes in length.</text> </paragraph> <paragraph num="(iii)"> <text>One semester credit hour is the equivalent of 45 hours of instructional situations such as shop, practica, and internships. Each hour of these instructional situations shall be at least 50 minutes in length.</text> </paragraph> <paragraph num="(iv)"> <text>One quarter hour of credit is the equivalent of 2/3 of the contact hours required for 1 semester hour of credit. Therefore, one quarter hour of credit is equivalent to 10 contact hours of classroom instruction, 20 contact hours of laboratory instruction, and 30 contact hours in instructional situations such as shop, practica, and internships. A school shall have 3 academic terms in each calendar year in order to measure instructional time in quarter hours.</text> </paragraph> <paragraph num="(v)"> <text>In converting clock hours to credit hours a school shall adopt a consistent measurement of clock hours for all programs and their component courses.</text> </paragraph> <paragraph num="(vi)"> <text>A school shall adopt a consistent measurement of credit hours using either semester or quarter hour credits for all programs and their component courses.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Program length and content shall be appropriate to provide the training necessary to achieve the stated occupational objectives of the program as approved. The length of the training period may not be longer than professional good practice requires to provide a student with the required skills, and arrange for the acquiring of job knowledge, technical information, and other facts which the student will need to learn in order to become competent in the occupation for which the student is being trained.</text> </paragraph> <paragraph num="C."> <text>Each school shall state in its catalog that credits earned are for determining progress toward program completion only, and that credits are not necessarily transferable to another private career school or to a collegiate institution.</text> </paragraph> <paragraph num="D."> <text>Time for laboratory instruction shall be stated in terms of clock hours. Laboratory instruction shall be integrated with theory in accordance with sound educational practice and as approved by the Secretary.</text> </paragraph> <paragraph num="E."> <text>Each program shall be structured and coherent and have clearly delineated objectives as well as stated student learning outcomes.</text> </paragraph> <paragraph num="F."> <text>In order to be graduated from a program, a student shall have a minimum attendance rate of 80 percent of the total program.</text> </paragraph> <paragraph num="G."> <text>Each program shall contain a residency requirement sufficient to assure competence in the area in which the student is being trained.</text> </paragraph> <paragraph num="H."> <text>A school shall strictly enforce written policies of attendance and academic progress that are reviewed and approved by the Secretary before implementation. The attendance and academic progress policies shall specify the actions the school shall take if a student fails to achieve the school's minimum standards of attendance and academic progress.</text> </paragraph> <paragraph num="I."> <text>A school shall maintain documentation in each student's file to demonstrate compliance with the school's approved policies of attendance and academic progress.</text> </paragraph> <paragraph num="J."> <text>Training shall be conducted in conformity with generally accepted educational, professional, and ethical standards.</text> </paragraph> <paragraph num="K."> <text>A school shall demonstrate that each of its approved programs provides quality training and leads to the training-related employment of program graduates. The Secretary shall identify indicators, including minimum program performance standards, to be used by a school to demonstrate whether each of its programs is in compliance with this regulation.</text> </paragraph> <paragraph num="L."> <text>Externships.</text> <paragraph num="(1)"> <text>A school shall maintain, for each program which includes an externship component, agreements which provide a sufficient number of externship sites to accommodate the maximum number of students approved to be enrolled in all sessions of the program that are scheduled for externship at the same time.</text> </paragraph> <paragraph num="(2)"> <text>Each externship agreement shall clearly delineate the roles and responsibilities of both the school and the externship training site regarding insurance coverage for students as well as the monitoring and evaluation of students during their externship.</text> </paragraph> <paragraph num="(3)"> <text>Students assigned to externship sites shall be under the direct supervision of a fully qualified practitioner and under the direction of school faculty. The externship shall provide an educationally sound practicum experience which complements and augments the classroom component of the approved program.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Leaves of Absence.</text> <paragraph num="(1)"> <text>Official leaves of absence may be granted by a school only under a written leave policy that is published in the school's catalog. The policy shall require a student to provide a written, signed, and dated request for a leave of absence. The school shall document the leave of absence in the student's file, report the student's last date of attendance as the start of the leave, record the reason for the leave, and specify, with the consent of the student, an end date for the leave of absence.</text> </paragraph> <paragraph num="(2)"> <text>The school shall grant a leave of absence in accordance with sound educational practice. There shall be space and resources available for the student to resume instruction upon the conclusion of the leave of absence. There shall also be a reasonable expectation that the student will return to the school and complete the program successfully. If a student does not resume attendance at the school on or before the end of the leave of absence, the school shall treat the student as a withdrawal in accordance with Regulation .12M(3) of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Additional charges may not be imposed upon the student related to an official leave of absence. Any effects on student loan repayment terms, including possible exhaustion of available grace periods, shall be explained to the student before a leave of absence is granted. Evidence of compliance shall be maintained by the school as part of the student's permanent record.</text> </paragraph> <paragraph num="(4)"> <text>In total, a student may not be granted cumulative leave from the school for more than 180 days.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Instructional Staff."> <paragraph num="A."> <text>School staff should be adequately trained in their various fields, and there should be satisfactory evidence of continuing professional competence. Instructors shall have a minimum of 2 years of successful practical experience in the occupation or subject or its equivalent in formal training beyond the standard learning period recognized for the trade or occupation that they are to teach. Instructors shall demonstrate up-to-date knowledge and continuing study of the field they are teaching.</text> </paragraph> <paragraph num="B."> <text>Instructors shall possess, and have maintained for a minimum of 2 years, at least the level of licensure, certification, or credential for which the program they are instructing prepares graduates.</text> </paragraph> <paragraph num="C."> <text>The qualifications of the instructional staff shall be documented in their personnel files, including but not limited to evidence of formal educational attainment, certificates and degrees earned, and relevant experience.</text> </paragraph> <paragraph num="D."> <text>There shall be at least one instructor present in each separate area where training is being conducted.</text> </paragraph> <paragraph num="E."> <text>During the period an instructor is scheduled to train students, an instructor's responsibilities shall be limited to instructing, monitoring students' attendance and academic progress, and otherwise assisting students. Except under extraordinary circumstances, an instructor may not perform non-training-related functions including, but not limited to, admissions and collections during the hours the instructor is scheduled to train students.</text> </paragraph> <paragraph num="F."> <text>Clinical or laboratory assistants and other aides to instructors shall work at all times under the direct supervision of a qualified instructor and may not independently instruct or train students.</text> </paragraph> <paragraph num="G."> <text>The teaching load for faculty shall be in accord with sound educational practice.</text> </paragraph> <paragraph num="H."> <text>The instructor-student ratios shall be in accord with sound educational practice.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Student Records."> <paragraph num="A."> <text>The school shall maintain adequate permanent student records which include:</text> <paragraph num="(1)"> <text>Evidence of compliance with the school's admissions requirements;</text> </paragraph> <paragraph num="(2)"> <text>Credit granted for previous experience or training;</text> </paragraph> <paragraph num="(3)"> <text>Dates of admission, start dates, and withdrawal or completion dates;</text> </paragraph> <paragraph num="(4)"> <text>Reasons for withdrawals when known;</text> </paragraph> <paragraph num="(5)"> <text>Daily attendance;</text> </paragraph> <paragraph num="(6)"> <text>Student transcripts indicating achievements; and</text> </paragraph> <paragraph num="(7)"> <text>Tuition and financial aid records, when applicable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A school shall maintain all records of a student for at least 5 years after a student either terminates training or graduates. After that, a school is only required to maintain the student records identified in §A of this regulation in a form and manner approved by the Secretary.</text> </paragraph> <paragraph num="C."> <text>A school shall document in each student's individual file all changes to a student's status at the time the changes occur. Changes to a student's status include, but are not limited to, initial enrollment, award of previous credit, changes in schedule, changes in enrollment, leave of absence, probation, counseling, withdrawal, termination, graduation, or completion but ineligible for graduation.</text> </paragraph> <paragraph num="D."> <text>A school shall maintain accurate and complete records of a student's academic achievement and daily attendance. On a regular basis, which is at least every grading period, the school shall record this information on an approved permanent record form which is maintained in the student's individual file.</text> </paragraph> <paragraph num="E."> <text>A school shall maintain an accurate, complete, and current record of a student's financial account in a form and manner approved by the Secretary.</text> </paragraph> <paragraph num="F."> <text>A certificate of successful completion shall be issued to a student at the time of graduation, provided that the student has satisfied all graduation requirements and financial obligations to the school. A statement of attendance and achievement shall be issued, upon request of the student, if withdrawal occurs before completion or graduation, provided the student has satisfied all obligations to the school.</text> </paragraph> <paragraph num="G."> <text>For a student who has left the school, it shall be clearly stated in the student's record whether the student has successfully completed a program, has withdrawn, or has been terminated by the school, and the date of the action.</text> </paragraph> <paragraph num="H."> <text>Student records, as well as all other records of the school, shall be open for inspection at any reasonable time by the Secretary.</text> </paragraph> <paragraph num="I."> <text>Discontinuation of Operation by a School.</text> <paragraph num="(1)"> <text>Before a school operating in this State discontinues operation, its chief administrative officer shall file with the Secretary the original or legible copies of all essential records of the academic achievements of all former students of the school and records of the financial obligations incurred for educational purposes of current students at the time of closure.</text> </paragraph> <paragraph num="(2)"> <text>The records filed with the Secretary in §E of this regulation shall include:</text> <paragraph num="(a)"> <text>The academic record of each former student, including credit granted for previous experience or training;</text> </paragraph> <paragraph num="(b)"> <text>Dates of admission, start dates, and withdrawal or completion dates;</text> </paragraph> <paragraph num="(c)"> <text>Reasons for withdrawals when known;</text> </paragraph> <paragraph num="(d)"> <text>Daily attendance; and</text> </paragraph> <paragraph num="(e)"> <text>Student transcripts indicating achievements.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All students' tuition payment records for the 3 years before the school's closing shall be forwarded to the Secretary. The Secretary may waive this requirement if it is determined that the records are being adequately maintained by another State agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Tuition, Fees, Enrollment Contracts, Refunds."> <paragraph num="A."> <text>A school shall publish in its catalog its schedule of tuition and fees and methods of payment. The school may not deviate from its published tuition and fees and methods of payment.</text> </paragraph> <paragraph num="B."> <text>A school shall furnish a student with information regarding the cost of the necessary books, supplies, and materials. The school shall indicate clearly these costs and any extra fees which are in addition to tuition. The books, supplies, and other materials that the student purchases shall become the property of the student.</text> </paragraph> <paragraph num="C."> <text>Forms for enrollment contracts, bona fide loans, and payment plans for student charges shall be sent to the Secretary for approval at least 60 days before their use. The Secretary shall make every effort to expedite approval in a minimum time period. Each student shall receive a completed copy of the enrollment contract signed by the student, the student's legal guardian if the student is under 18 years old, and an official of the school. The student shall also receive any other documents pertaining to the student's commitment to enroll.</text> </paragraph> <paragraph num="D."> <text>An enrollment contract shall specify all terms and conditions relating to the entire length and total cost of the program as well as other information the Secretary may require.</text> </paragraph> <paragraph num="E."> <text>A student's total program shall be established and fixed in the enrollment contract at the time of initial enrollment. Enrollment contracts may be extended or modified only with the written consent of both the student and the school. A school may not enroll or charge a student for multiple programs without approval from the Secretary.</text> </paragraph> <paragraph num="F."> <text>If a school provides placement services, these services shall be free of charge to students or graduates. This requirement may be waived only after written justification has been submitted to and approved by the Secretary.</text> </paragraph> <paragraph num="G."> <text>The registration, application, or enrollment fee charged may not exceed cumulatively 10 percent of the total contract price of a course or program, or $150, whichever is less. Other mandatory fees charged shall be requested by a school and approved by the Secretary before implementation. Within 30 days of the school's submission of all required information, the Secretary shall take an approval action regarding the school's request for other mandatory fees.</text> </paragraph> <paragraph num="H."> <text>A school may not charge a withdrawal fee.</text> </paragraph> <paragraph num="I."> <text>If a school closes or discontinues a course or program, the school shall refund to each currently enrolled student monies paid by the student for tuitions and fees and monies for which the student is liable for tuitions and fees.</text> </paragraph> <paragraph num="J."> <text>With the approval of the Secretary, a school which closes or discontinues a course or program, instead of refunding monies to a student, may arrange for that student to complete his or her educational program at another approved school offering a similar program. It is the student's option to receive the refund or to accept the transfer to another school.</text> </paragraph> <paragraph num="K."> <text>Seven-Day Cancellation Period.</text> <paragraph num="(1)"> <text>All fees paid by a student shall be refunded if the student chooses not to enroll in or to withdraw from a school within 7 calendar days after having signed a contract. If the student chooses not to enroll after the 7-day cancellation period, but before the first day of instruction, the school may retain the application fee or registration fee, or both. After the 7-day cancellation period, the refund policy given in §L(1) of this regulation shall be followed.</text> </paragraph> <paragraph num="(2)"> <text>The availability of a 7-day cancellation period shall be published in the catalog, on the school's application forms, and in the enrollment contract.</text> </paragraph> </paragraph> <paragraph num="L."> <text>If, after the 7-day cancellation period expires, a student withdraws after instruction begins, refunds shall be based on the total contract price for the course or program and shall include all fees, except the registration, application, or enrollment fee and any charges for materials, supplies, or books which have been purchased by, and are the property of, the student.</text> </paragraph> <paragraph num="M."> <text>Minimum Refund.</text> <paragraph num="(1)"> <text>The minimum refund that a school shall pay a student who withdraws or is terminated after the 7-day cancellation period has expired and after instruction has begun, is as follows:</text> </paragraph> <paragraph num="(2)"> <text>A refund due a student shall be based on the date of withdrawal or termination and paid within 60 days from the date of withdrawal or termination.</text> </paragraph> <paragraph num="(3)"> <text>In the case of an official leave of absence, if a student fails to return to training by the end of the leave of absence, a refund due a student shall be based on the date of withdrawal or termination and paid within 60 days of the scheduled last day of the leave of absence.</text> </paragraph> </paragraph> <paragraph num="N."> <text>A school's refund policy shall conform to these regulations.</text> </paragraph> <paragraph num="O."> <text>A school's approved refund policy shall be disclosed on the school's student enrollment contract, on application forms, and in the catalog.</text> </paragraph> <paragraph num="P."> <text>A school shall maintain documentation to verify that a refund has been made.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Financial Aid and Scholarships."> <paragraph num="A."> <text>Financial aid and scholarships to students may be offered only on the following bases and in accordance with State and federal requirements:</text> <paragraph num="(1)"> <text>A school may grant bona fide loans to worthy and needy students;</text> </paragraph> <paragraph num="(2)"> <text>Financial aid, such as work or service scholarships, may be granted, provided the duties performed are bona fide and the remuneration paid is not in excess of current local rates for comparable service;</text> </paragraph> <paragraph num="(3)"> <text>Scholarship programs shall be submitted to the Secretary for review and approval before their implementation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Funded scholarships, from sources other than the current operating budget of the school, may be granted upon the following conditions:</text> <paragraph num="(1)"> <text>The value, number, and source of these scholarships shall be described in the school catalog;</text> </paragraph> <paragraph num="(2)"> <text>The scholarships shall be applied for in writing by scholarship candidates and awarded by the head of the school, or the school's executive committee, on a truly competitive or merit basis.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Default Management Plan. Schools whose students are eligible to participate in federal or State student loan programs shall have a default management plan to promote the prevention or reduction of student defaults on federal or State student loans.</text> </paragraph> <paragraph num="D."> <text>Student Loans and Financial Aid.</text> <paragraph num="(1)"> <text>Student loans or other financial aid funds received from federal, State, or local governments or administered under the Federal Student Financial Assistance Programs governed by Title IV of the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended, shall be collected and applied in the manner dictated by the applicable federal, State, or local statutes and regulations.</text> </paragraph> <paragraph num="(2)"> <text>Student loans or other financial aid funds received from private entities including, but not limited to, banks, financing companies, credit card companies, and other lending sources shall be collected or disbursed in the following manner:</text> <paragraph num="(a)"> <text>Loans or other financing payments for amounts not greater than $5,000 may be disbursed as a single disbursement, regardless of program length;</text> </paragraph> <paragraph num="(b)"> <text>Loans or other financing payments for amounts greater than $5,000 for a program that is less than 6 months shall have at least two equal disbursements as follows:</text> <paragraph num="(i)"> <text>1/2 of the amount released initially; and</text> </paragraph> <paragraph num="(ii)"> <text>The remainder released halfway through the length of the program;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Loans or other financing payments for amounts greater than $5,000 for a program that is at least 6 months but less than 12 months shall have at least three equal disbursements as follows:</text> <paragraph num="(i)"> <text>1/3 of the amount released initially;</text> </paragraph> <paragraph num="(ii)"> <text>The second disbursement released 1/3 of the way through the program; and</text> </paragraph> <paragraph num="(iii)"> <text>The remainder released 2/3 of the way through the length of the program; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Loans or other financing payments for amounts greater than $5,000 for a program that is at least 12 months in length shall have at least four equal disbursements as follows:</text> <paragraph num="(i)"> <text>1/4 of the amount released initially;</text> </paragraph> <paragraph num="(ii)"> <text>The second disbursement released 1/4 of the way through the program;</text> </paragraph> <paragraph num="(iii)"> <text>The third disbursement released halfway through the program; and</text> </paragraph> <paragraph num="(iv)"> <text>The remainder released 3/4 of the way through the program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school may not enter into any contract or agreement with, or receive any money from, private entities including, but not limited to, banks, financing companies, credit card companies, and any other private lending sources, unless the private entity has a disbursement policy that, at a minimum, meets the requirements of §D(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Procedure for Student Grievances."> <paragraph num="A."> <text>The school shall develop a statement of student rights, privileges, and responsibilities of students and make this statement available to students through the catalog, student handbook, or other appropriate publication.</text> </paragraph> <paragraph num="B."> <text>The school shall publish a student grievance procedure in its catalog, student handbook, or other appropriate publication.</text> </paragraph> <paragraph num="C."> <text>If a student has exhausted a school's grievance procedure and still claims to be aggrieved, the school shall inform the student of his or her right to appeal to the Secretary.</text> </paragraph> <paragraph num="D."> <text>The Secretary may investigate written complaints involving potential violations of these regulations with both the student and officials of the school. The Secretary shall report the findings of the investigation to the student and the school's owner or chief operator.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Catalog and Official Advertising."> <paragraph num="A."> <text>Each school shall have a catalog that shall be given to all students at the time of enrollment. The catalog shall describe comprehensively the school's facilities, educational offerings, activities, policies, and other information prescribed by the Secretary, and shall state the estimated length of each of the school's programs and courses in clock hours, credit hours if applicable, weeks, and months.</text> </paragraph> <paragraph num="B."> <text>The catalog of each school shall clearly disclose, in a form and manner prescribed by the Secretary, that students and prospective students may contact the Commission to obtain information regarding each approved program.</text> </paragraph> <paragraph num="C."> <text>A school shall provide a current catalog to the Secretary.</text> </paragraph> <paragraph num="D."> <text>The school shall refrain from exaggeration and misrepresentation of any kind in its advertising, through its field representatives, or through any other agency.</text> </paragraph> <paragraph num="E."> <text>A school may not use blind advertisements to solicit prospective students, advertise in the help wanted columns in newspapers or other publications, or recruit students through blind advertisements in any other media. All advertising shall be done in the name under which the school has been approved by the Maryland Higher Education Commission. The school may advertise “Approved by the Maryland Higher Education Commission”.</text> </paragraph> <paragraph num="F."> <text>Students may appear in school advertising, provided that the school obtains their prior written consent.</text> </paragraph> <paragraph num="G."> <text>A school may advertise that it is endorsed by manufacturers, business firms, organizations, or individuals engaged in the line of work for which it trains, only if it can present written evidence of the endorsement or endorsements. The date of these endorsements shall be included in the advertising matter.</text> </paragraph> <paragraph num="H."> <text>Training for positions or careers shall be advertised only if a school is approved to offer instruction in programs which will enable the student to meet the requirements for those positions or careers.</text> </paragraph> <paragraph num="I."> <text>Advertising Restriction Applicable to All Organizations.</text> <paragraph num="(1)"> <text>General Prohibition. An organization, other than those listed in §I(2) of this regulation, may not be known or advertised as a school, conservatory, academy, or institute except with the approval of the Secretary pursuant to §I(3) of this regulation. Neither a school, nor any organization other than an institution of higher education, may be known or advertised as a university or college. This does not affect organizations operating in this State as schools, universities, colleges, conservatories, academies, or institutes before June 1, 1947.</text> </paragraph> <paragraph num="(2)"> <text>Scope. This section does not apply to:</text> <paragraph num="(a)"> <text>An entity that holds a certificate of approval from the Commission; or</text> </paragraph> <paragraph num="(b)"> <text>An entity that is subject to licensure as an educational or training provider by another agency of the State of Maryland or of the federal government.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Secretarial Approval for a Non-Private Career School to Advertise as a School.</text> <paragraph num="(a)"> <text>The Secretary may grant permission to an organization, upon written application of that organization in a form prescribed by the Secretary, to be known or advertised as a school, conservatory, academy, or institute if, in the Secretary’s determination:</text> <paragraph num="(i)"> <text>The organization qualifies for an exemption under Regulation .03C of this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>The organization provides a prominent disclaimer in all of its advertising and enrollment materials that the organization is not licensed by the Maryland Higher Education Commission; and</text> </paragraph> <paragraph num="(iii)"> <text>The organization furnishes or offers to furnish programs, whether or not requiring a payment of tuition or a fee, for the purpose of training, retraining, or upgrading individuals for gainful employment as skilled or semiskilled workers or technicians in recognized occupations or in new and emerging occupations.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Secretary’s denial of permission under §I(3)(a) of this regulation is final.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Illustrations in all advertising shall relate solely to the particular school that has been approved or be clearly designated otherwise.</text> </paragraph> <paragraph num="K."> <text>Information provided by a school to students and prospective students regarding the performance of the school's approved programs shall be complete, verifiable, and consistent with the program performance information required to be reported by the school in its most recent annual report to the Secretary. For purposes of this section, program performance information includes, but is not limited to, data pertaining to each program's enrollment, completion, withdrawal, placement, and rate of passage on any applicable licensing examination.</text> </paragraph> <paragraph num="L."> <text>With the prior approval of the Secretary, instead of providing the program information identified in §K of this regulation, a school shall provide to students and prospective students program performance information required by the federal government to be disclosed by the school if the Secretary determines that this information is substantially similar to the data required under §K of this regulation.</text> </paragraph> <paragraph num="M."> <text>Employment opportunities shall be represented by the school orally or in writing consistent with actual current data for the relevant job market. Direct or implied guaranteeing of positions is a violation of these regulations. The school may mention the number of positions and the specific positions in which graduates of the school have been placed. Validated placement statistics shall be provided to students or prospective students on request to substantiate employment claims made by the school.</text> </paragraph> <paragraph num="N."> <text>Probable earnings in the field for which a school trains shall be represented consistent with actual current data for the relevant job market. To feature only top salaries earned by a few workers in a particular field is a violation. A validated range of possible earnings shall be provided by the school to students or prospective students upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Facilities and Equipment."> <paragraph num="A."> <text>A school shall comply with all State and local laws, ordinances, and requirements including those for fire, health, and zoning. It is the responsibility of the school to secure and document that the required State and local approvals have been granted.</text> </paragraph> <paragraph num="B."> <text>A facility and the space provided for required instructional purposes shall be safe and sanitary and conform to standards of sound educational practice. Adequate classroom space shall be provided which is used exclusively for instruction during periods of instruction and which is conducive to learning. Space in square footage per student shall be provided in accord with sound educational practice and as required by the school's training program.</text> </paragraph> <paragraph num="C."> <text>Each approved program shall have equipment which is adequate in quantity, quality, and variety for the maximum number of students approved to be enrolled.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Finances."> <paragraph num="A."> <text>A school shall be operated in accordance with sound principles of financial management.</text> </paragraph> <paragraph num="B."> <text>A school shall maintain financial resources adequate for the satisfactory conduct of the school.</text> </paragraph> <paragraph num="C."> <text>A school shall maintain adequate financial records to indicate accurately the school's cash receipts, disbursements, assets, liabilities, and capital. The financial records as well as all other records of the school shall be open for inspection at any reasonable time by the Secretary.</text> </paragraph> <paragraph num="D."> <text>The accounts of the school shall be maintained in accordance with generally accepted accounting practices and procedures.</text> </paragraph> <paragraph num="E."> <text>The Secretary may request an audited financial statement by an applicant or an approved school.</text> </paragraph> <paragraph num="F."> <text>The existence of an unsatisfied judgment or a lien, whether the lien is a judgment lien or a statutory lien, against a school is a violation of these regulations and is sufficient cause to deny or revoke a school's certificate of approval if the lien or judgment threatens the financial or operational viability of a school.</text> </paragraph> <paragraph num="G."> <text>Public liability insurance, property damage insurance, and workers' compensation insurance in the amounts required by the Secretary shall be carried by the school with a company approved by the Insurance Commissioner of the State. Evidence of insurance shall be submitted to the Secretary.</text> </paragraph> <paragraph num="H."> <text>Without specific approval of the Secretary, other business may not be conducted on the school premises, nor may the school offer to the public any other services.</text> </paragraph> <paragraph num="I."> <text>Fees or other charges for the services or products of students or instructors may be collected when, in the judgment of the Secretary, the fees or charges are necessary to facilitate adequate practice in the area for which training is being offered.</text> </paragraph> <paragraph num="J."> <text>Revenue Requirements for Certain Schools.</text> <paragraph num="(1)"> <text>In this section, “year” means July 1 through the following June 30.</text> </paragraph> <paragraph num="(2)"> <text>This section applies to private career schools that:</text> <paragraph num="(a)"> <text>Are for-profit institutions;</text> </paragraph> <paragraph num="(b)"> <text>Participate in and receive funds through Title IV of the federal Higher Education Act of 1965; and</text> </paragraph> <paragraph num="(c)"> <text>Are approved by the Commission, in its role as State Approving Agency, to enroll students who receive financial assistance for education under the federal Post-9/11 Veterans Educational Assistance Act of 2008.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school described under §J(2) of this regulation may not enroll new Maryland residents unless the percentage of annual revenue from non-federal funds that has been or will be reported to the U.S. Department of Education under 34 CFR §668.28 in 2 of the 3 immediately preceding years is at least 10 percent.</text> </paragraph> <paragraph num="(4)"> <text>Institutional Responsibility.</text> <paragraph num="(a)"> <text>Annually and as part of an institution’s annual report submitted under Regulation .06 of this chapter, an institution described under §J(2) of this regulation shall:</text> <paragraph num="(i)"> <text>Provide to the Secretary, in the form and manner requested by the Secretary, the percentages of revenue from federal and non-federal funds most recently reported to the U.S. Department of Education under 34 CFR §668.28; and</text> </paragraph> <paragraph num="(ii)"> <text>Review the percentages provided under §J(4)(a)(i) of this regulation and the percentages reported in the 2 preceding years to determine if the institution has met the revenue requirements in §J(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>An institution that determines that it has not met the revenue requirements in §J(3) of this regulation shall:</text> <paragraph num="(i)"> <text>Immediately cease enrollment of new Maryland residents;</text> </paragraph> <paragraph num="(ii)"> <text>Immediately notify the Secretary; and</text> </paragraph> <paragraph num="(iii)"> <text>No more than 30 days after notifying the Secretary, submit a plan to the Secretary outlining the steps the institution will take to come into compliance with this section prior to the due date of the institution’s next annual report.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Enforcement by Secretary.</text> <paragraph num="(a)"> <text>The Secretary annually shall review an institution’s three most recent financial statements to determine if an institution has complied with this section and Education Article, §11-210, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary may issue an order to any institution in violation of this section or Education Article, §11-210, Annotated Code of Maryland, to cease and desist enrollment and may impose a fine of up to $5,000.</text> </paragraph> <paragraph num="(c)"> <text>The Secretary is not prohibited from employing any other enforcement mechanism permitted by this chapter or Education Article, Title 11, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Subsequent Compliance.</text> <paragraph num="(a)"> <text>An institution in violation of this section may, upon submission of its next annual report under Regulation .06 of this chapter, submit a written request to the Secretary to determine if the institution has come into compliance.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary shall make a determination within 15 days of any request made under §J(6)(a) of this regulation.</text> </paragraph> <paragraph num="(c)"> <text>An institution in violation of this section may not enroll new Maryland residents until the Secretary has notified the institution, in writing, that it is in compliance with this section.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Guaranty Student Tuition Fund."> <paragraph num="A."> <text>In this regulation, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Adjusted gross tuition” means all fees received on a cash or accrual accounting method basis for all instructional programs or courses, except the registration, application, and enrollment fees and charges for materials, supplies, and books which have been purchased by, and are the property of, the student, less refunds paid to students.</text> </paragraph> <paragraph num="(2)"> <text>“Assessment year” means a 12-month period from July 1 to June 30.</text> </paragraph> <paragraph num="(3)"> <text>“Fund” means Guaranty Student Tuition Fund.</text> </paragraph> <paragraph num="(4)"> <text>“Lender” means:</text> <paragraph num="(a)"> <text>A national or state-chartered bank, a mutual savings bank, a savings and loan association, or a credit union that is subject to examination and supervision in its capacity as a lender by an agency of the United States or of the state in which its principal place of operation is established;</text> </paragraph> <paragraph num="(b)"> <text>A pension fund that is subject to examination and supervision by an agency of the United States or a state;</text> </paragraph> <paragraph num="(c)"> <text>An insurance company that is subject to examination and supervision by an agency of the United States or a state;</text> </paragraph> <paragraph num="(d)"> <text>In any state, a single agency of the state or a single private nonprofit agency designated by the state; or</text> </paragraph> <paragraph num="(e)"> <text>For purposes only of purchasing and holding loans made by other lenders, the Student Loan Marketing Association or an agency of any state functioning as a secondary market.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission shall create and provide for a Guaranty Student Tuition Fund.</text> </paragraph> <paragraph num="C."> <text>The purpose of the Fund is to:</text> <paragraph num="(1)"> <text>Reimburse a student who is entitled to a refund of tuition and fees because the institution has failed to:</text> <paragraph num="(a)"> <text>Perform faithfully an agreement or contract with the student, or</text> </paragraph> <paragraph num="(b)"> <text>Comply with any provision of Education Article, Title 11, Annotated Code of Maryland, or COMAR Title 13B; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Perform any other function directly related to the original purpose of the Fund considered appropriate by the Secretary.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Each private career school approved to operate by the Secretary shall pay into the Fund the amount required by this regulation.</text> </paragraph> <paragraph num="E."> <text>Payment into the Fund.</text> <paragraph num="(1)"> <text>An applicant school receiving initial approval shall make an initial payment of $2,500 into the Fund before a certificate of approval is issued.</text> </paragraph> <paragraph num="(2)"> <text>Approved Schools.</text> <paragraph num="(a)"> <text>Except as provided in §E(4) of this regulation, an approved school in operation during an assessment year shall make a payment into the Fund following the end of the assessment year in the amount of:</text> <paragraph num="(i)"> <text>.12 percent of the school’s adjusted gross tuition, beginning with the assessment year that begins on July 1, 2011;</text> </paragraph> <paragraph num="(ii)"> <text>.165 percent of the school’s adjusted gross tuition, beginning with the assessment year that begins on July 1, 2012;</text> </paragraph> <paragraph num="(iii)"> <text>.21 percent of the school’s adjusted gross tuition, beginning with the assessment year that begins on July 1, 2013; and</text> </paragraph> <paragraph num="(iv)"> <text>.25 percent of the school’s adjusted gross tuition, beginning with the assessment year that begins on July 1, 2014, and for each assessment year that follows.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The minimum amount of the annual payment into the Fund is $250, to be paid by a school whether or not the school charges tuition.</text> </paragraph> <paragraph num="(c)"> <text>The payment shall be made to the Commission with the school’s annual report for that year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the Secretary authorizes the operation of a school upon a change in ownership, the school shall make a payment into the Fund without regard to payments previously made by the school or its predecessor, under the following conditions:</text> <paragraph num="(a)"> <text>If a school has been operating for less than 1 assessment year, under its new ownership, the school shall make a payment into the Fund as an applicant school under §E(2) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>If a school has been operating for at least 1 assessment year, under its new ownership, the school shall pay into the Fund as an approved school under §E(2) of this regulation for the last assessment year of operation under the old ownership, and the payment shall be due before approval to operate under new ownership is granted.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An accounting shall be made at the end of each assessment year. If at the end of any assessment year, the accounting indicates that the Fund contains $2,000,000 or more, then during the next assessment year an assessment may not be made against the schools.</text> </paragraph> <paragraph num="(5)"> <text>If the moneys in the Fund are insufficient to satisfy duly authorized claims, the Secretary may reassess the approved schools as necessary, in addition to the annual assessment, and the approved schools shall pay the additional amounts assessed.</text> </paragraph> <paragraph num="(6)"> <text>The Secretary may not issue a certificate of approval to, and may revoke any certificate of approval previously issued to, a school that fails to pay an annual fee or reassessment to the Fund.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Secretary has the authority to determine whether a claim merits reimbursement from the Fund and if so, the:</text> <paragraph num="(1)"> <text>Amount of the reimbursement;</text> </paragraph> <paragraph num="(2)"> <text>Time, place, and manner of its payment;</text> </paragraph> <paragraph num="(3)"> <text>Conditions upon which payment shall be made; and</text> </paragraph> <paragraph num="(4)"> <text>Order in which payments shall be made.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A claimant or other person does not have any right in the Fund as beneficiary or otherwise.</text> </paragraph> <paragraph num="H."> <text>Claims against the Fund may be paid in whole or in part, taking into consideration the:</text> <paragraph num="(1)"> <text>Amounts available and likely to become available to the Fund for payments of claims;</text> </paragraph> <paragraph num="(2)"> <text>Size and number of claims likely to be presented in the future;</text> </paragraph> <paragraph num="(3)"> <text>Size and number of claims caused by the cessation of operation of a school;</text> </paragraph> <paragraph num="(4)"> <text>Amounts of reimbursement of claims in the past;</text> </paragraph> <paragraph num="(5)"> <text>Availability to the claimant of a transfer program.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Claims shall be filed with the Secretary on forms prescribed by the Secretary within 3 years of the Secretary's determination of a school's failure to perform faithfully any agreement or contract with the students or to comply with any provision of these regulations or of Education Article, Title 11, Annotated Code of Maryland. Claims filed after that are not considered, unless the Secretary determines that there are extenuating circumstances which justify or excuse the late filing. The Secretary may cause to be made such investigation of a claim as the Secretary deems appropriate. The Secretary's determination, without further investigation, may be based upon information contained in the records of the Commission.</text> </paragraph> <paragraph num="J."> <text>The Secretary's determination concerning payment of a claim shall be in writing and mailed to the student and shall become final 30 days after the date of the Secretary's determination unless the student, within the 30-day period, files with the Secretary a written request for reconsideration. The written request shall contain all the evidence which supports the request for reconsideration. Evidence furnished in support of a request for reconsideration shall be subject to the authority of the Secretary to exclude irrelevant or other inappropriate evidence. The decision of the Secretary is final.</text> </paragraph> <paragraph num="K."> <text>The Secretary shall administer the Fund upon the following basis:</text> <paragraph num="(1)"> <text>Payment into the Fund shall be made in the form of a check made payable to the Guaranty Student Tuition Fund;</text> </paragraph> <paragraph num="(2)"> <text>Payments into the Fund shall be maintained by the State Comptroller who shall deposit and invest the assets of the Fund, and all interest or other return on the Fund shall be credited to the Fund;</text> </paragraph> <paragraph num="(3)"> <text>A penalty assessed against a private career school shall be deposited into the Fund;</text> </paragraph> <paragraph num="(4)"> <text>The assets of the Fund may not be expended for any purpose other than those specified under §C of this regulation;</text> </paragraph> <paragraph num="(5)"> <text>In the case of a student who was a recipient of a loan to attend a school which closes, payment from the Fund shall first be made to the lender of financial aid funds to that student, to repay the student's indebtedness to the lender for that portion of the indebtedness that pertains to tuition and fees.</text> </paragraph> </paragraph> <paragraph num="L."> <text>The Commission is subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the Fund.</text> </paragraph> <paragraph num="M."> <text>When a claim is allowed, the Secretary, as agent for the Fund, shall be subrogated in writing to the amount of the claim, and the Secretary is authorized to take all steps necessary to perfect the subrogation rights before payment of the claim. If payment of a school’s obligation is made from the Fund, the Secretary shall seek repayment of the sums from the school or such other persons or entities as may be responsible for the school’s obligations. This provision is enforced through the Office of the Attorney General.</text> </paragraph> <paragraph num="N."> <text>Advisory Council.</text> <paragraph num="(1)"> <text>The Secretary shall appoint an advisory council to whom the Secretary may refer matters pertaining to the Guaranty Student Tuition Fund.</text> </paragraph> <paragraph num="(2)"> <text>The advisory council shall meet periodically for the purpose of reviewing matters pertaining to the Fund that are referred by the Secretary for the council's consideration and advice.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Financial Guarantee."> <paragraph num="A."> <text>A financial guarantee required by this chapter shall be:</text> <paragraph num="(1)"> <text>In the form of a performance bond or an irrevocable letter of credit;</text> </paragraph> <paragraph num="(2)"> <text>Made under the terms and conditions determined by the Secretary, including the conditions that the school shall:</text> <paragraph num="(a)"> <text>Perform faithfully all agreements or contracts it makes with its students; and</text> </paragraph> <paragraph num="(b)"> <text>Comply with Education Article, Annotated Code of Maryland, and with this chapter;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Made payable to the Secretary on behalf of the Commission, and provided to the Secretary;</text> </paragraph> <paragraph num="(4)"> <text>Between the Commission and the surety; and</text> </paragraph> <paragraph num="(5)"> <text>In the amount the Secretary requires, which at a minimum shall be:</text> <paragraph num="(a)"> <text>The amount prescribed by §B of this regulation, if the school is a non-Title IV school;</text> </paragraph> <paragraph num="(b)"> <text>The amount prescribed by §C of this regulation, if the school is a Title IV school; or</text> </paragraph> <paragraph num="(c)"> <text>The amount prescribed by §D of this regulation, if the school is a Title IV school that has been notified by the U.S. Department of Education of an adverse, or potentially adverse, action affecting the school’s participation in Title IV.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Financial Guarantee Amount — Non-Title IV Schools. A non-Title IV school shall provide a financial guarantee in an amount sufficient to cover 100 percent of the total tuition liability of the school.</text> </paragraph> <paragraph num="C."> <text>Financial Guarantee Amount — Title IV School.</text> <paragraph num="(1)"> <text>Minimum Amount. A Title IV school shall maintain a financial guarantee in an amount sufficient to cover 100 percent of the total non-Title IV tuition liability of the school, unless a greater amount:</text> <paragraph num="(a)"> <text>Is deemed necessary by the Secretary; or</text> </paragraph> <paragraph num="(b)"> <text>Is required by the provision of this §C.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>During a Title IV school’s 1st through 5th years of operation, the school shall provide a financial guarantee in an amount sufficient to cover 100 percent of the total tuition liability of the school.</text> </paragraph> <paragraph num="(3)"> <text>During a Title IV school’s 6th through 10th years of operation, the school shall provide a financial guarantee in an amount sufficient to cover:</text> <paragraph num="(a)"> <text>50 percent of the total tuition liability of the school, if the school does not meet financial viability requirements set forth in §E of this regulation, and if 50 percent of the total tuition liability of the school is greater than 100 percent of the school’s total non-Title IV tuition liability;</text> </paragraph> <paragraph num="(b)"> <text>100 percent of the school’s total non-Title IV tuition liability, if the school meets the financial viability requirements set forth in §E of this regulation; or</text> </paragraph> <paragraph num="(c)"> <text>A greater amount if deemed necessary by the Secretary.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>After a Title IV school’s 10th year of operation, the school shall provide:</text> <paragraph num="(a)"> <text>A financial guarantee in an amount sufficient to cover 30 percent of the total tuition liability of the school, if the school does not meet the financial viability requirements set forth in §E of this regulation, and if 30 percent of the total tuition liability is greater than 100 percent of the school’s total non-Title IV tuition liability;</text> </paragraph> <paragraph num="(b)"> <text>A financial guarantee in an amount sufficient to cover 100 percent of the school’s total non-Title IV tuition liability, if the school meets the financial viability requirements set forth in §E of this regulation; or</text> </paragraph> <paragraph num="(c)"> <text>A greater amount if deemed necessary by the Secretary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Financial Guarantee Amount — Title IV Schools Notified of Potentially Adverse Action by the U.S. Department of Education.</text> <paragraph num="(1)"> <text>If the U.S. Department of Education notifies a Title IV school that the school is subject to an adverse or potentially adverse action, including any action that limits, suspends, terminates, or otherwise negatively affects the school’s participation in Title IV, the school shall notify the Commission in accordance with regulation .06 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of the school’s notice under §D(1) of this regulation, or on the Secretary’s own initiative, the Secretary may require the school to provide a financial guarantee in an amount deemed necessary by the Secretary to protect students, up to 100 percent of the school’s total tuition liability.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reduced Financial Guarantees Based on Financial Viability.</text> <paragraph num="(1)"> <text>Upon submission of its annual report under Regulation .06 of this chapter, a school that provides a financial guarantee in an amount greater than 100 percent of its non-Title IV tuition liability may request in writing that the Secretary reduce the school’s financial guarantee amount, in accordance with the criteria set forth in §§B—D of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The school’s request shall include the two most recent audited financial statements of the school, and of any corporate parent or holding company of the school.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary may grant the school’s request if the Secretary finds that:</text> <paragraph num="(a)"> <text>The financial statements and other relevant financial information, including external accounting reports, demonstrate that the school and its ownership meet the financial viability requirements set forth in §E(4) of this regulation, operate in accordance with sound principles of financial management, and maintain financial resources adequate for the satisfactory conduct of the school; and</text> </paragraph> <paragraph num="(b)"> <text>A reduction of the financial guarantee is appropriate under the criteria set forth in §§B—D of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Financial Viability Requirement. A school is considered financially viable if its financial statements, and those of its corporate parent or holding company, demonstrate that the school and its ownership, for each of the 2 most recent years:</text> <paragraph num="(a)"> <text>Had a net income that exceeded expenditures; and</text> </paragraph> <paragraph num="(b)"> <text>Maintained at least a 1:1 ratio of total current assets to total current liabilities.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>In no instance shall a financial guarantee of a school be reduced below an amount equal to 100 percent of the school’s total non-Title IV tuition liability.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Sanctions."> <paragraph num="A."> <text>The Secretary shall deny approval to or withdraw the approval of a school found to be in violation of these regulations or of the Education Article, Title 11, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A school's authority to operate becomes void if instruction does not begin within 6 months from the date of approval.</text> </paragraph> <paragraph num="C."> <text>A school's authority to operate becomes void if all instruction is discontinued unless the Secretary determines there are extenuating circumstances which justify or excuse the discontinuation of instruction.</text> </paragraph> <paragraph num="D."> <text>A school's authority to offer a program becomes void if instruction in that program does not occur for a period of 1 year, unless the Secretary determines there are extenuating circumstances that justify or excuse a school's failure to offer that program.</text> </paragraph> <paragraph num="E."> <text>The Secretary may withdraw approval from any school found to be in violation of any commitment made to the Commission as a prerequisite to the obtaining or maintaining of a certificate of approval in its application for approval of the school or of a program, or for failing to report changes in operating circumstances as required in these regulations.</text> </paragraph> <paragraph num="F."> <text>The Secretary shall deny approval to or withdraw approval from any school found to have provided the Maryland Higher Education Commission with false or misleading information.</text> </paragraph> <paragraph num="G."> <text>Sanctions.</text> <paragraph num="(1)"> <text>Notice.</text> <paragraph num="(a)"> <text>If the Secretary believes that a private career school does not meet the conditions or standards established by these regulations, or the conditions or standards on which its certificate of approval or any other approval issued by the Commission or the Secretary was based, the Secretary shall give the school written notice as set forth in this section specifying the deficiencies believed to exist.</text> </paragraph> <paragraph num="(b)"> <text>The notice shall specify the alleged deficiencies and direct the school to correct them within a period of not less than 30 days.</text> </paragraph> <paragraph num="(c)"> <text>If the school requests a hearing within 20 days of the notice, the Commission shall hold a hearing on the matter. The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(d)"> <text>If a hearing is timely requested, subject to §G(6) of this regulation, action on the notice of deficiencies shall be stayed until a determination is made after the hearing.</text> </paragraph> <paragraph num="(e)"> <text>If a hearing is timely requested, action on any approval request by a school issued a notice of deficiencies may be stayed until a determination is made after the hearing.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the school or suspend or revoke the school’s certificate of approval or any other approval issued by the Commission or Secretary.</text> </paragraph> <paragraph num="(3)"> <text>Instead of, or in addition to, reprimanding a private career school, or suspending or revoking an approval issued to the school, the Secretary may impose a penalty of up to $5,000 for each violation of these regulations or of the conditions on which any approval issued to the school was based.</text> </paragraph> <paragraph num="(4)"> <text>In imposing any sanctions under this section, the Secretary shall consider one or more of the following:</text> <paragraph num="(a)"> <text>The seriousness of the deficiency;</text> </paragraph> <paragraph num="(b)"> <text>The harm caused by the deficiency including, but not limited to, the number of individuals affected and the degree to which they were harmed;</text> </paragraph> <paragraph num="(c)"> <text>The good faith of the school and any corrective actions taken, including all reasonable steps or procedures taken by the school that are necessary and appropriate to comply with statutes and regulations and to correct the violations;</text> </paragraph> <paragraph num="(d)"> <text>Any history of previous deficiencies including, but not limited to, any prior violations by the school of statutes, regulations, or orders administered, adopted, or issued by the Secretary;</text> </paragraph> <paragraph num="(e)"> <text>Other pertinent circumstances.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The amount of a penalty imposed by the Secretary is determined by the criteria listed in §G(4) of this regulation, and is subject to the following limitations:</text> <paragraph num="(a)"> <text>The penalty may not be less than $100 per day per violation; and</text> </paragraph> <paragraph num="(b)"> <text>The total penalty may not exceed $5,000 per violation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Judicial Remedies.</text> <paragraph num="(a)"> <text>The Secretary may seek an injunction or other judicial remedy at any time following written notice of the deficiencies and before the Commission's final decision, if the Secretary determines that the public interest requires enforcement of the provisions of Education Article, Title 11, Annotated Code of Maryland, or any applicable regulations.</text> </paragraph> <paragraph num="(b)"> <text>If a court grants relief before a hearing that was requested on a timely basis, the Commission shall schedule a hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court's order, unless the school requests a delay. The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Judicial Review.</text> <paragraph num="(a)"> <text>A school that is aggrieved by an order of the Secretary or Commission has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>The decision of the Commission shall be presumed correct and the school has the burden of proving otherwise.</text> </paragraph> <paragraph num="(c)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Summary Order to Revoke or Suspend Certificate of Approval.</text> <paragraph num="(a)"> <text>The Commission may summarily order the revocation or suspension of a certificate of approval of a private career school if:</text> <paragraph num="(i)"> <text>The school's owner or director, or a person in whose name the approval is issued, is convicted of a crime of moral turpitude or a crime relating to the operation of the school if the conviction is final and the period of appeal has expired; or</text> </paragraph> <paragraph num="(ii)"> <text>An agency that exercises concurrent authority over the private career school has revoked any approval to operate required by law if the revocation is final and the period of appeal has expired.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Commission may summarily order a revocation or suspension of a certificate of approval of a private career school under §G(8)(a) of this regulation only if it gives the school:</text> <paragraph num="(i)"> <text>Prior oral or written notice of the proposed revocation or suspension, and a brief, informal opportunity for response;</text> </paragraph> <paragraph num="(ii)"> <text>Prior or prompt subsequent written notice of the revocation or suspension and the findings on which the revocation or suspension is based; and</text> </paragraph> <paragraph num="(iii)"> <text>After the revocation or suspension is effective, an opportunity to be heard promptly before the Commission or the Commission's designee.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>In any hearing held on the grounds for revocation under §G(8)(a) of this regulation, the Commission may limit the issues to be determined to whether the alleged:</text> <paragraph num="(i)"> <text>Conviction in fact occurred; or</text> </paragraph> <paragraph num="(ii)"> <text>Revocation under §G(8)(a)(ii) of this regulation in fact occurred.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Notwithstanding §G(8)(c) of this regulation, in any hearing held on the ground for revocation under §G(8)(a) of this regulation, a private career school may present matters in mitigation of the offense alleged by the Commission.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Interactive Distance Education by Private Career Schools—Approval."> <paragraph num="A."> <text>A school offering a program in whole or in part by distance education shall comply with:</text> <paragraph num="(1)"> <text>Regulations .21—.27 of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Unless otherwise specified, all other regulations of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A school shall obtain approval from the Secretary using distance education as a mode of instructional delivery for a program.</text> </paragraph> <paragraph num="C."> <text>A new school applicant shall seek and obtain approval to operate a private career school in accordance with Regulation .04 of this chapter before offering a program delivered in whole or part by distance education.</text> </paragraph> <paragraph num="D."> <text>An approved school shall seek and obtain approval for a new program in accordance with Regulation .05A(1) of this chapter before offering either:</text> <paragraph num="(1)"> <text>A new program in whole or part by distance education; or</text> </paragraph> <paragraph num="(2)"> <text>An approved program in whole or part by distance education.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An approved school shall seek and obtain approval for a substantial program modification in accordance with Regulation .05B(2) of this chapter before modifying an approved program offered in whole or in part by distance education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Interactive Distance Education by Private Career Schools—Curriculum and Instruction."> <paragraph num="A."> <text>A school shall utilize appropriate instructional delivery methods and technology to meet the objectives of a program, conform with generally accepted educational, professional, and ethical standards, and comply with the following conditions:</text> <paragraph num="(1)"> <text>The objectives of the program shall be reasonably attainable and be of a nature that they can be achieved through distance education;</text> </paragraph> <paragraph num="(2)"> <text>The learning objectives shall, if appropriate to the nature and type of the program, be comparable to similar programs that are not delivered by distance education;</text> </paragraph> <paragraph num="(3)"> <text>Learning outcomes promised to students shall be achievable with the technology utilized;</text> </paragraph> <paragraph num="(4)"> <text>Resident training shall supplement the instruction delivered by distance education if necessary to attain the stated educational objectives;</text> </paragraph> <paragraph num="(5)"> <text>A program delivered by distance education shall be coherent and complete; and</text> </paragraph> <paragraph num="(6)"> <text>A school shall demonstrate that the clock hours required and awarded are appropriate for the program or portion of the program delivered by distance education.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A program shall provide for real-time or delayed interaction between faculty and students, and comply with the following conditions:</text> <paragraph num="(1)"> <text>Interactive instructions shall be an integral, pervasive, and integrated feature of a program or portion of a program delivered by distance education;</text> </paragraph> <paragraph num="(2)"> <text>Distance education shall employ interactive, electronically communicated methods for delivering instruction to students;</text> </paragraph> <paragraph num="(3)"> <text>Instructor-to-student interactions shall be critical components in any learning experience, and schools shall plan for and include timely accessibility of faculty as well as the appropriate interactivity for their instruction; and</text> </paragraph> <paragraph num="(4)"> <text>A school shall utilize appropriate and effective instructional materials and teaching methods to ensure the active involvement of students.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A program of study shall be developed by a team of qualified faculty, administrators, and technologists.</text> </paragraph> <paragraph num="D."> <text>Qualified faculty shall provide appropriate oversight of the program offered, which shall comply with the following conditions:</text> <paragraph num="(1)"> <text>A school shall employ instructors who have the technical skills to teach in a distance education environment and meet the other qualifications for instructors identified in Regulation .10A of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>The qualifications of instructional staff shall be documented in their personnel files including, but not limited to, evidence of appropriate training or experience in distance education instruction, other relevant experience, and formal educational attainment including certificates and degrees earned; and</text> </paragraph> <paragraph num="(3)"> <text>Technically, academically, and experientially qualified faculty shall oversee the instruction, evaluation, and grading requirements of the distance education training.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Distance education shall be conducted in conformity with generally accepted educational, professional, and ethical standards.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Interactive Distance Education by Private Career Schools—Faculty Support."> <paragraph num="A."> <text>A school shall provide faculty support services specifically related to teaching by distance education.</text> </paragraph> <paragraph num="B."> <text>A school shall provide training for faculty who use technology in instruction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Interactive Distance Education by Private Career Schools—Students and Student Services."> <paragraph num="A."> <text>Accepted students shall have the documented background, knowledge, and technical skills needed to undertake the program. A school shall assess whether students have the skills and competencies to succeed in a distance-learning environment before their enrollment in the program. A prospective student may not begin training in a program until all entrance requirements have been fulfilled. A school shall maintain documentation indicating that all admissions requirements have been met by such admitted student.</text> </paragraph> <paragraph num="B."> <text>If an admissions test is required, it shall be administered in a manner that verifies the student's identity.</text> </paragraph> <paragraph num="C."> <text>Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available. A school shall provide students with clear, complete, and timely information on the curriculum, program requirements, nature of faculty/student interaction, assumptions about technology competence and skills, technical equipment requirements, availability of academic support services and financial aid resources, and costs and payment policies.</text> </paragraph> <paragraph num="D."> <text>A program shall ensure that appropriate learning resources for instruction delivered by distance education are available to students, including the following:</text> <paragraph num="(1)"> <text>A school shall provide students with the information and training needed to function in a distance education environment;</text> </paragraph> <paragraph num="(2)"> <text>A school shall support students with help and guidance on how to best learn through distance education and offer the resources to serve students in a timely manner if technical difficulties arise;</text> </paragraph> <paragraph num="(3)"> <text>Outside resources, electronic databases, and other library access features shall be readily available to students, and the curriculum shall actively encourage students to use these resources to acquire knowledge and skills; and</text> </paragraph> <paragraph num="(4)"> <text>Adequate, appropriate, and functional equipment, supplies, and furnishings required to provide effective education and training services shall be readily available for instructor or student use.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Enrolled students shall have reasonable and adequate access to the range of student services to support their learning. This includes providing academic counseling, financial advising, and placement assistance for students enrolled in programs delivered by distance education.</text> </paragraph> <paragraph num="F."> <text>A school shall provide adequately for the reliability, privacy, safety, and security of student information and student financial transactions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Interactive Distance Education by Private Career Schools—Evaluation and Assessment."> <paragraph num="A."> <text>A school shall provide for frequent assessment and documentation of student achievement in each course and at the completion of the program, which comply with the following:</text> <paragraph num="(1)"> <text>Examinations and other evaluative techniques shall adequately measure mastery of stated learning objectives;</text> </paragraph> <paragraph num="(2)"> <text>Adequate provisions and safeguards to ensure the security and integrity of student testing and evaluation shall be used;</text> </paragraph> <paragraph num="(3)"> <text>Adequate provisions to authenticate the identity of students taking tests or being evaluated shall be used;</text> </paragraph> <paragraph num="(4)"> <text>Requirements for successful completion of distance education courses and programs shall be similar to those of resident programs; and</text> </paragraph> <paragraph num="(5)"> <text>Documentation shall be maintained in each student's file to demonstrate compliance with the school's approved policies of attendance and academic progress.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A school shall demonstrate the educational effectiveness of distance education including assessments of student learning outcomes and student retention.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Interactive Distance Education by Private Career Schools — Commitment to Support."> <paragraph num="A."> <text>A school shall demonstrate a commitment to ongoing support, both financial and technical, and to a continuation of the program for a period sufficient to enable a student to complete a program.</text> </paragraph> <paragraph num="B."> <text>A school shall provide a financial guarantee in accordance with Regulation .19 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Interactive Distance Education by Private Career Schools—Tuition, Fees, Refunds."> <paragraph num="A."> <text>For a combined program, the tuition price for the distance education portion and the tuition price for the resident portion shall be separately stated on the enrollment agreement. The total of the two shall be the total tuition charge.</text> </paragraph> <paragraph num="B."> <text>For the resident portion of a combined program, charges shall be assessed only after a student attends the first resident class session.</text> </paragraph> <paragraph num="C."> <text>Minimum Refund.</text> <paragraph num="(1)"> <text>For the resident portion of a combined program, the minimum refund that a school shall pay a student who withdraws or is terminated after the 7-day cancellation period has expired and after instruction has begun is identified in Regulation .12M of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>For a program or portion of a program delivered by distance education, the minimum refunds that a school shall pay a student who withdraws or is terminated after the 7-day cancellation period has expired and after instruction has begun are as provided in §C(3)—(5) of this regulation and are not as provided in Regulation .12M of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>A prorated refund shall be made based on the proportion of the program completed by the student. The proportion of the program completed shall be the percentage of submitted lesson assignments completed by the student compared to the total number of lesson assignments in the program or portion of the program delivered by distance education.</text> </paragraph> <paragraph num="(4)"> <text>A refund due a student shall be based on the date of withdrawal or termination and paid within 60 days from the date of withdrawal or termination. In accordance with Regulation .02B(11) of this chapter, the student's last date of attendance is the date of withdrawal or termination.</text> </paragraph> <paragraph num="(5)"> <text>In the case of an official leave of absence, if a student fails to return to training by the end of the leave of absence, a refund due a student shall be based on the date of withdrawal or termination and paid within 60 days of the scheduled last date of the leave of absence.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A school's approved refund policy shall:</text> <paragraph num="(1)"> <text>Conform to this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Be disclosed on the school's enrollment contract, on application forms, and in the catalog.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A school shall maintain documentation to verify that a refund has been made.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, Title 11, Subtitles 1, 2, and 4; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 22, 1978 (5:19 Md. R. 1447)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13.50.01 to 13B.01.01</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective December 6, 1982 (9:24 Md. R. 2390)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09, Private Career Schools, repealed effective February 18, 1991 (18:3 Md. R. 307)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.20, Minimum Requirements for Private Career Schools, adopted effective February 18, 1991 (18:3 Md. R. 307)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02 and .12 amended as an emergency provision effective November 20, 1995 (22:25 Md. R. 1959); emergency status extended to April 30, 1996 (23:5 Md. R. 377); emergency status extended to April 30, 1996 (23:5 Md. R. 377); amended permanently effective May 6, 1996 (23:9 Md. R. 671)</annotation> <annotation type="History" subtype="Administrative History">Regulations .18 and .20 amended effective March 29, 1993 (20:6 Md. R. 583)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 23, 1998 (25:6 Md. R. 490)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 5, 2004 (30:26 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 23, 2001 (28:14 Md. R. 1323)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 5, 2004 (30:26 Md. R. 1916); June 13, 2011 (38:12 Md. R. 706); October 28, 2013 (40:21 Md. R. 1779); April 11, 2016 (43:7 Md. R. 451); September 24, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 5, 2004 (30:26 Md. R. 1916); March 27, 2017 (44:6 Md. R. 327)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D adopted effective April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 23, 2001 (28:14 Md. R. 1323); April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended as an emergency provision effective April 29, 2014 (41:11 Md. R. 604); amended permanently effective July 21, 2014 (41:14 Md. R. 798)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 27, 2000 (27:23 Md. R. 2150)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective November 27, 2000 (27:23 Md. R. 2150); June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective July 23, 2001 (28:14 Md. R. 1323)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12E amended effective June 23, 2003 (30:12 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13D adopted effective October 24, 2005 (32:21 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15A amended effective November 27, 2000 (27:23 Md. R. 2150)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15I amended effective March 27, 2017 (44:6 Md. R. 327)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17J adopted effective August 21. 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 repealed effective October 28, 2013 (40:21 Md. R. 1779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 adopted effective April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective September 24, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended as an emergency provision effective September 22, 2021 (48:21 Md. R. 883); emergency status expired January 15, 2022</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective January 24, 2022 (49:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20G amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulations .21—.27 adopted effective January 5, 2004 (30:26 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26B amended as an emergency provision effective September 22, 2021 (48:21 Md. R. 883); emergency status expired January 15, 2022</annotation> <annotation type="History" subtype="Administrative History">Regulation .26B amended effective January 24, 2022 (49:2 Md. R. 77)</annotation> </annotations> </chapter> <chapter num="02" heading="Joseph A. Sellinger Program—Aid to Nonpublic Higher Education Institutions"> <regulation prefix="Regulation" num=".01" heading="Applicability; Effective Date."> <text>The criteria and procedures contained in this chapter apply to the program of aid to nonpublic institutions of higher education provided for by Education Article, §17-101 et seq., Annotated Code of Maryland. These amended criteria and procedures are effective beginning with the expenditure, reporting, and verification of aid awarded for the 1994 fiscal year.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Eligible institution” means an institution of higher education satisfying the requirements of Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Program” or “academic program” means a series of courses which are arranged in a scope and a sequence leading to a degree or certificate, or which constitute a major.</text> </paragraph> <paragraph num="(4)"> <text>“Religious, seminarian, or theological academic programs” means a series of courses which are arranged in a scope and a sequence either leading to a degree or certificate which indicates specialization in the study of religion or in religious, seminarian, or theological studies, or which constitute a major in any of these subject matters.</text> </paragraph> <paragraph num="(5)"> <text>“State's general fund per full-time equivalent student appropriation for the 4-year public colleges and universities” means the general fund per full-time equivalent student appropriations for Bowie State University, Coppin State College, Frostburg State University, Morgan State University, Salisbury State University, St. Mary's College of Maryland, Towson State University, University of Maryland College Park, University of Maryland Baltimore County, and University of Maryland Eastern Shore.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Qualifications for Aid."> <paragraph num="A."> <text>The Commission shall determine which institutions are eligible for aid under this chapter.</text> </paragraph> <paragraph num="B."> <text>To qualify for State aid under this chapter, an institution of higher education shall:</text> <paragraph num="(1)"> <text>Be a nonprofit private:</text> <paragraph num="(a)"> <text>College or university that was established in the State before July 1, 1970,</text> </paragraph> <paragraph num="(b)"> <text>Institution of higher education that formerly received State aid as a component of a private college or university that was established in this State before July 1, 1970, or</text> </paragraph> <paragraph num="(c)"> <text>Institution of higher education that is established in this State and grants an associate of arts degree;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Be approved by the Commission;</text> </paragraph> <paragraph num="(3)"> <text>Be:</text> <paragraph num="(a)"> <text>Accredited by the Commission on Higher Education of the Middle States Association of Colleges and Schools, or</text> </paragraph> <paragraph num="(b)"> <text>A candidate for accreditation under §B(3)(a) of this regulation that is subject to an affirmative action plan approved by the Commission, and is authorized by the Commission for participation in the program established under this chapter;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Have awarded the associate of arts or baccalaureate degrees to at least one graduating class;</text> </paragraph> <paragraph num="(5)"> <text>Maintain one or more earned degree programs, other than seminarian or theological programs, leading to an associate of arts or baccalaureate degree; and</text> </paragraph> <paragraph num="(6)"> <text>Submit each new program and each major modification of an existing program to the Commission for its review and recommendation as to the initiation of the new or modified program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Computation of Amount of Annual Award."> <paragraph num="A."> <text>The Commission shall determine the annual apportionment available to each eligible institution in accordance with this regulation.</text> </paragraph> <paragraph num="B."> <text>Eligible Credit Hours Generated.</text> <paragraph num="(1)"> <text>The number of eligible credit hours generated in an institution during the fall semester or quarter of the fiscal year next preceding the fiscal year for which the apportionment is to be made shall be computed by adding the number of:</text> <paragraph num="(a)"> <text>Credit hours of enrollment in undergraduate courses regardless of student level;</text> </paragraph> <paragraph num="(b)"> <text>Credit hours of enrollment in graduate courses regardless of student level; and</text> </paragraph> <paragraph num="(c)"> <text>Equated credit hours of enrollment in special courses.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>From the sum reached in §B(1) of this regulation, subtract all credit hours, regardless of subject, taken by:</text> <paragraph num="(a)"> <text>Undergraduates then enrolled in a religious, seminarian, or theological academic program; and</text> </paragraph> <paragraph num="(b)"> <text>Graduate students then enrolled in a religious, seminarian, or theological academic program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Special Considerations for Determining Eligible Credit Hours Generated.</text> <paragraph num="(1)"> <text>Equated credit hours of enrollment in special courses are computed on the same basis as for a normal course. For example, if 3 weekly contact hours of English 101 equals 3 credits, then 3 weekly contact hours of prerequisite noncredit English are equated to 3 credit hours.</text> </paragraph> <paragraph num="(2)"> <text>Credit hours for short courses are prorated on the basis of a full semester. For example, if the full semester course carrying 3 weekly contact hours is for 16 weeks, and the short course is for 8 weeks, then the equated credit hours are 1.5.</text> </paragraph> <paragraph num="(3)"> <text>A student is considered to be enrolled in a religious, seminarian, or theological academic program if, on or before the date as of which enrollment figures are computed, the student has become a declared major in religion or religious, seminarian, or theological studies, or has otherwise formally advised the institution in writing that the student is seeking a degree or certificate indicating the type of specialization that characterizes religious, seminarian, or theological academic programs.</text> </paragraph> <paragraph num="(4)"> <text>In deducting credit hours taken by students enrolled in religious, seminarian, or theological academic programs, all credit hours of all of these students shall be deducted even if they are in subjects that do not relate directly to these programs.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Commission Form MHECIS S-6.</text> <paragraph num="(1)"> <text>An eligible institution shall fully complete Commission Form MHECIS S-6 and have it certified by an independent certified public accountant.</text> </paragraph> <paragraph num="(2)"> <text>The form may be revised from time to time by the Commission in a manner consistent with these regulations.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall furnish copies of this form to all known institutions by August 31 of each year.</text> </paragraph> <paragraph num="(4)"> <text>Institutions using the semester system shall file the form with the Commission not later than October 15 of each year, and shall reflect the number of eligible semester credit hours as of a date on which that fall's enrollment has stabilized.</text> </paragraph> <paragraph num="(5)"> <text>An institution using the quarter system shall file the form not later than October 15 of each year, indicating the number of eligible quarter credit hours generated during the fall quarter and, not later than January 15 of each year, indicating the number of eligible quarter credit hours generated during the winter quarter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Calculation of Full-Time Equivalent Students Enrolled. The Commission shall calculate the number of full-time equivalent students enrolled in an institution using the:</text> <paragraph num="(1)"> <text>Semester system by dividing the total number of eligible credit hours generated in that fall semester by 15; or</text> </paragraph> <paragraph num="(2)"> <text>Quarter system by dividing by 15 the sum of the fall eligible quarter credit hours multiplied by 0.69 and the winter eligible quarter credit hours multiplied by 0.31.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Annual Apportionment.</text> <paragraph num="(1)"> <text>The Commission shall multiply the number of full-time equivalent students enrolled in the institution by 16 percent of the State's general fund per full-time equivalent student appropriation to the 4-year public colleges and universities in Maryland for the preceding fiscal year. Upon approval and certification by the Commission, the resulting amount is the apportionment to the institution.</text> </paragraph> <paragraph num="(2)"> <text>The general fund per full-time equivalent student appropriation is based on the most recent prior year's appropriation as approved by the General Assembly or as revised by the Board of Public Works, and not the appropriation as subsequently reallocated by budget amendment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Administration of Program."> <paragraph num="A."> <text>Verification and Notice.</text> <paragraph num="(1)"> <text>The Commission may verify the information submitted pursuant to Regulation .04 of this chapter as to eligible credit hours of enrollment by examining the registration or other data on which these submissions are based.</text> </paragraph> <paragraph num="(2)"> <text>If the figure resulting from the verification in §A(1) of this regulation differs from the figure submitted, the Commission shall certify to the State Comptroller an award amount based upon the corrected figure.</text> </paragraph> <paragraph num="(3)"> <text>Representatives of the institutions shall be given notice of the correction and an opportunity to discuss the basis for the correction with the Commission before the revision of the award.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applications for Aid.</text> <paragraph num="(1)"> <text>Applications for aid shall be completed and filed not later than September 15 of the fiscal year for which aid is sought.</text> </paragraph> <paragraph num="(2)"> <text>Applications shall consist of a preexpenditure affidavit and a statement-of-intended-use report.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall distribute copies of all forms constituting an application to all known eligible institutions by June 30 of each year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Preexpenditure Affidavit.</text> <paragraph num="(1)"> <text>The preexpenditure affidavit shall be in a form as prescribed by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>The chief executive officer of the institution shall execute the preexpenditure affidavit.</text> </paragraph> <paragraph num="(3)"> <text>The chief executive officer shall certify under oath or affirmation that funds received from the State may not be used for sectarian purposes, and that the institution has adopted and shall maintain and follow the accounting procedures described in §G of this regulation until all State funds applied for have been expended and accounted for to the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Statement-of-Intended-Use Report.</text> <paragraph num="(1)"> <text>The statement-of-intended-use report shall:</text> <paragraph num="(a)"> <text>Be in a form required by the Commission;</text> </paragraph> <paragraph num="(b)"> <text>Be executed by the chief executive officer or the chief financial officer of the institution; and</text> </paragraph> <paragraph num="(c)"> <text>Describe and itemize in sufficient detail the purposes for which State funds will be expended during the fiscal year for which the application is filed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an institution later decides to use the funds for other purposes, the institution shall give the Commission prior written notice specifying the new purposes.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Certification and Payment of Awards.</text> <paragraph num="(1)"> <text>Following the receipt of timely and complete applications, and based upon its determination under Regulation .04 of this chapter, the Commission shall certify proposed awards to the State Comptroller not later than October 30.</text> </paragraph> <paragraph num="(2)"> <text>The State Comptroller's office shall make the awards by check to the institutions in two equal payments.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall forward promptly its certification of awards and request for the first payments to the Comptroller following formal approval by the Commission of awards.</text> </paragraph> <paragraph num="(4)"> <text>The Commission shall make the certification and request for the second payment not later than March 30.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Commission may not pay an award to an eligible institution if the Commission has determined that the institution has failed to submit an adequate utilization-of-funds report in compliance with these regulations for any prior fiscal year.</text> </paragraph> <paragraph num="G."> <text>Accounting Procedures.</text> <paragraph num="(1)"> <text>Eligible institutions shall follow the accounting procedures set forth in §G(2) of this regulation in connection with their receipt, expenditure, and accounting of State funds pursuant to these regulations.</text> </paragraph> <paragraph num="(2)"> <text>Procedures.</text> <paragraph num="(a)"> <text>An institution shall prepare its annual financial statements according to generally accepted accounting principles for auditing and reporting on financial statements of nonprofit institutions of higher education, including colleges, universities, and community or junior colleges.</text> </paragraph> <paragraph num="(b)"> <text>The budget for each institution receiving State funds shall identify the specific areas of activity for which the institution will expend grant funds.</text> </paragraph> <paragraph num="(c)"> <text>State funds, when received by an institution, shall be placed in a special revenue account.</text> </paragraph> <paragraph num="(d)"> <text>Each budgeted segment reflected in the accounts of an institution shall have an expense account number for recording the expenditure of State funds.</text> </paragraph> <paragraph num="(e)"> <text>Each institution shall retain sufficient documentation of the State funds expended to permit verification by the Commission that no funds were spent for sectarian purposes for a period of 1 year following submission of a utilization-of-funds report in accordance with §I of this regulation.</text> </paragraph> <paragraph num="(f)"> <text>If the Commission determines that a verification or audit of an institution is necessary or appropriate in connection with the institution's expenditure of State funds, the institution shall:</text> <paragraph num="(i)"> <text>Cooperate fully with the persons designated by the Commission; and</text> </paragraph> <paragraph num="(ii)"> <text>Supply all information reasonably necessary to facilitate the fastest possible completion of the verification or audit.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>End of Fiscal Year Reports.</text> <paragraph num="(1)"> <text>By the end of each fiscal year, the Commission shall send a utilization-of-funds report and a post-expenditure affidavit to all eligible institutions receiving funds for that year.</text> </paragraph> <paragraph num="(2)"> <text>An institution receiving funds shall complete and file the utilization-of-funds report and post-expenditure affidavit before the Commission may act upon any application for aid from that institution for a subsequent fiscal year.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Utilization-of-Funds Report.</text> <paragraph num="(1)"> <text>The utilization-of-funds report and the post-expenditure affidavit shall be in the form prescribed by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>The chief executive officer or chief financial officer of the institution shall certify the utilization-of-funds report.</text> </paragraph> <paragraph num="(3)"> <text>The institution shall describe and itemize in the utilization-of-funds report the purposes for which State funds have been expended during the fiscal year in sufficient detail to</text> </paragraph> </paragraph> <paragraph num="J."> <text>Post-Expenditure Affidavit. The chief executive officer of an institution shall:</text> <paragraph num="(1)"> <text>Execute the post-expenditure affidavit under oath or affirmation; and</text> </paragraph> <paragraph num="(2)"> <text>Certify that none of the monies covered in the utilization-of-funds report have been used for sectarian purposes.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Whenever an institution reports that it has expended any State funds for capital construction or permanent improvements, it shall report periodically, on forms and at intervals specified by the Commission, on the use being made of the building or facility in question and certify under oath or affirmation, given by its chief executive officer, that the building or facility is not being used for religious instruction or worship for any religious activity or sectarian purpose.</text> </paragraph> <paragraph num="L."> <text>Unexpended Funds.</text> <paragraph num="(1)"> <text>An institution shall fully expend and report upon any funds that it did not expend by the end of the fiscal year in which the funds were paid, in the next fiscal year.</text> </paragraph> <paragraph num="(2)"> <text>In addition to the requirements of §L(1) of this regulation, the institution shall submit a new statement-of-intended-use report and a new preexpenditure affidavit by October 31.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Verification of Expenditures.</text> <paragraph num="(1)"> <text>The Commission may verify or have audited an institution's expenditure of State funds, with respect to any report required by these regulations, to determine whether funds awarded to the institution have been expended as authorized by these regulations.</text> </paragraph> <paragraph num="(2)"> <text>Before conducting a verification or audit requiring a physical examination of an institution's books or records, the Commission shall make reasonable efforts to satisfy its concern on the basis of data submitted by the institution.</text> </paragraph> <paragraph num="(3)"> <text>A verification or audit shall be conducted with the greatest possible speed and the least possible disruption of an institution's activities.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Prohibition of Sectarian Use of Funds."> <paragraph num="A."> <text>Education Article, §17-107, Annotated Code of Maryland, prohibits recipient institutions from using State funds for sectarian purposes. That provision generally prohibits the use of State funds to support religious instruction, religious worship, or other activities of a religious nature.</text> </paragraph> <paragraph num="B."> <text>Prohibited Uses.</text> <paragraph num="(1)"> <text>Listed in §B(2) of this regulation are several potential uses of State funds that would violate the sectarian use prohibition. The list is not intended to be all inclusive and, if an institution is in doubt whether any other possible use of the funds might violate the sectarian use prohibition, it may consult with and seek the advice of the Commission in advance.</text> </paragraph> <paragraph num="(2)"> <text>An institution may not use State funds for:</text> <paragraph num="(a)"> <text>Student aid if the:</text> <paragraph num="(i)"> <text>Institution imposes religious restrictions or qualifications on eligibility for student aid, or</text> </paragraph> <paragraph num="(ii)"> <text>Students are enrolled in a religious, seminarian, or theological academic program;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The salary, in whole or in part, of an individual who:</text> <paragraph num="(i)"> <text>Is engaged in the teaching of religion or theology,</text> </paragraph> <paragraph num="(ii)"> <text>Serves as chaplain or director of the campus ministry, or</text> </paragraph> <paragraph num="(iii)"> <text>Administers or supervises a program of religious activities;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The portion of the cost of maintenance or repair of a building or facility used for:</text> <paragraph num="(i)"> <text>The teaching of religion or theology,</text> </paragraph> <paragraph num="(ii)"> <text>Religious worship, or</text> </paragraph> <paragraph num="(iii)"> <text>A religious activity;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Utility bills, if the institution has a building or facility that is used in whole or in part for the teaching of religion or theology, religious worship, or religious activity, unless the building is separately metered;</text> </paragraph> <paragraph num="(e)"> <text>Utility bills for a separately metered building or facility that is used in whole or in part for the teaching of religion or theology, religious worship, or religious activity; or</text> </paragraph> <paragraph num="(f)"> <text>The construction or renovation of a building or facility that is or will be used for the teaching of religion or theology, religious worship, or religious activity.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission shall require an institution that violates the prohibition against sectarian usage set forth in this regulation to repay to the State all monies expended in violation of this prohibition. The institution is ineligible to receive further State aid until it has repaid these funds. If the Commission determines that an institution has violated the prohibition and that the responsible officers knew or reasonably should have known that it was doing so, then the Commission shall notify the institution, and the Commission may declare the institution ineligible to receive further State aid either for a specified number of years or permanently, and so notify the institution. The institution shall be given notice and an opportunity for a hearing before the Commission before any declaration of ineligibility. The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Review by Board of Public Works."> <text>These criteria and procedures are subject to the review of the Board of Public Works.</text> </regulation> <annotations> <annotation type="Authority">Education Article, § 17-102, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 7, 1980 (7:5 Md. R. 476)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13.50.03 to 13B.01.02</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 10, 1995 (22:7 Md. R. 537)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective March 23, 1998 (25:6 Md. R. 490)</annotation> </annotations> </chapter> <chapter num="03" heading="Classification of Nonpublic Institutions of Higher Education"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>The purpose of this chapter is to provide a procedure for the Commission to determine if a nonpublic institution of higher education is a private nonprofit institution of higher education or a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>This chapter does not affect any rights or obligations of a nonpublic institution of higher education that are not governed by:</text> <paragraph num="(1)"> <text>Education Article, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>This title; or</text> </paragraph> <paragraph num="(3)"> <text>Commercial Law Article, Title 13, Annotated Code of Maryland, and regulations promulgated thereunder.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Disqualified person” means any person who was in a position to exercise substantial influence over the affairs of the institution any time during the 5 years prior to the date of a transaction, and includes, but is not limited to:</text> <paragraph num="(a)"> <text>Current and former officers, directors, trustees, and key employees;</text> </paragraph> <paragraph num="(b)"> <text>Family members of current and former officers, directors, trustees, and key employees; and</text> </paragraph> <paragraph num="(c)"> <text>An entity in which a current or former officer, director, trustee, key employee, or family member thereof has at least 35 percent ownership.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Excess benefit” means any economic benefit received by a disqualified person from an institution that exceeds the consideration, including services, given to the institution by the disqualified person.</text> </paragraph> <paragraph num="(4)"> <text>“Excess benefit transaction” means any transaction in which an excess benefit is provided by the institution, directly or indirectly, to or for the use of any disqualified person.</text> </paragraph> <paragraph num="(5)"> <text>“Family member” means a spouse, sibling, half-sibling, child, grandchild, great-grandchild, parent, grandparent, great-grandparent, or spouse of any relation listed in this definition.</text> </paragraph> <paragraph num="(6)"> <text>“For-profit institution of higher education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Institution” means an institution of higher education and its affiliate organizations.</text> </paragraph> <paragraph num="(8)"> <text>“IRS” means the United States Internal Revenue Service.</text> </paragraph> <paragraph num="(9)"> <text>“Key employee” means an employee of an institution, other than an officer, director, or trustee, who meets all three of the following tests, applied in the following order:</text> <paragraph num="(a)"> <text>$150,000 Test. The employee receives reportable compensation from the institution and all related institutions in excess of $150,000 for the calendar year ending with or within the institution’s tax year.</text> </paragraph> <paragraph num="(b)"> <text>Responsibility Test. The employee:</text> <paragraph num="(i)"> <text>Has responsibilities, powers, or influence over the institution as a whole, similar to those of officers, directors, or trustees;</text> </paragraph> <paragraph num="(ii)"> <text>Manages a discrete segment or activity of the institution that represents 10 percent or more of the activities, assets, income, or expenses of the institution, as compared to the institution as a whole; or</text> </paragraph> <paragraph num="(iii)"> <text>Has or shares authority to control or determine 10 percent or more of the institution’s capital expenditures, operating budget, or compensation for employees.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Top 20 Test. The employee meets the $150,000 Test and the Responsibility Test and is one of the 20 employees with the highest reportable compensation from the institution and related institutions for the calendar year ending with or within the institution’s tax year.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Net earnings” means gross revenue less expenses.</text> </paragraph> <paragraph num="(11)"> <text>“Person” means an individual, corporation, or other entity.</text> </paragraph> <paragraph num="(12)"> <text>“Private inurement” means financial arrangements that primarily benefit private interests instead of the institution’s charitable interests, which include but are not limited to:</text> <paragraph num="(a)"> <text>A compensation arrangement or contract where there is no upper limit or is based on factors extrinsic to performance at, and benefit to, the institution;</text> </paragraph> <paragraph num="(b)"> <text>Use of gross revenue or net earnings to provide goods and services to an individual or entity that primarily benefits private interests instead of the institution’s charitable interests; or</text> </paragraph> <paragraph num="(c)"> <text>Payment in excess of the fair market value in exchange for goods or services that primarily benefit private interests instead of the institution’s charitable interests.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Private nonprofit institution of higher education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Prohibited tax shelter transaction” has the meaning stated in 26 U.S.C. §4965(e)(1).</text> </paragraph> <paragraph num="(15)"> <text>Reportable Incident.</text> <paragraph num="(a)"> <text>“Reportable incident” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Reportable incident” includes the following activities:</text> <paragraph num="(i)"> <text>Providing a grant or other assistance to a disqualified person;</text> </paragraph> <paragraph num="(ii)"> <text>Having receivables from or payables to a disqualified person; or</text> </paragraph> <paragraph num="(iii)"> <text>Being a party to a business transaction with a disqualified person.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Delegation to Secretary."> <paragraph num="A."> <text>The Commission delegates to the Secretary the responsibility and authority to act on its behalf in the determination of whether an institution of higher education is a private nonprofit institution of higher education or a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall prepare and present a report to the Commission by June 30 of each year and as otherwise requested by the Commission summarizing actions taken under this delegation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Criteria for Classification."> <paragraph num="A."> <text>An institution of higher education shall be determined to be a private nonprofit institution of higher education under §10-101 of the Education Article if it:</text> <paragraph num="(1)"> <text>Benefits no person or entity through any part of its net earnings;</text> </paragraph> <paragraph num="(2)"> <text>Is legally authorized to operate as a nonprofit organization by each state in which it is physically located;</text> </paragraph> <paragraph num="(3)"> <text>Has been determined by the IRS to be an organization to which contributions are tax deductible in accordance with 26 U.S.C. §501(c)(3);</text> </paragraph> <paragraph num="(4)"> <text>Had no reportable incidents in the previous calendar year that:</text> <paragraph num="(a)"> <text>Are determined by the Secretary to constitute private inurement; and</text> </paragraph> <paragraph num="(b)"> <text>Were not satisfactorily corrected prior to the submission of the report in Regulation .05 of this chapter; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Timely files the report required under Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An institution shall be determined to be a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, if it:</text> <paragraph num="(1)"> <text>Does not request classification as a private nonprofit institution of higher education by filing the report required under Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Benefits any person or entity through any part of its net earnings;</text> </paragraph> <paragraph num="(3)"> <text>Is not legally authorized to operate as a nonprofit organization by each state in which it is physically located;</text> </paragraph> <paragraph num="(4)"> <text>Has not been determined by the IRS to be an organization to which contributions are tax deductible in accordance with 26 U.S.C. §501(c)(3);</text> </paragraph> <paragraph num="(5)"> <text>Had any reportable incidents in the previous calendar year that:</text> <paragraph num="(a)"> <text>Are determined by the Secretary to constitute private inurement; and</text> </paragraph> <paragraph num="(b)"> <text>Were not satisfactorily corrected prior to the submission of the report in Regulation .05 of this chapter;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Knowingly fails to disclose a reportable incident in the report required under Regulation .05 of this chapter; or</text> </paragraph> <paragraph num="(7)"> <text>Does not timely file the report required under Regulation .05 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Reporting Requirements."> <paragraph num="A."> <text>To be classified as a private nonprofit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, an institution of higher education shall provide to the Secretary, by March 1 of each year, a report in a form prescribed by the Secretary.</text> </paragraph> <paragraph num="B."> <text>In the report, the institution shall include the following:</text> <paragraph num="(1)"> <text>A certification that the institution:</text> <paragraph num="(a)"> <text>Benefits no person or entity through any part of its net earnings;</text> </paragraph> <paragraph num="(b)"> <text>Is legally authorized to operate as a nonprofit organization by each state in which it is physically located; and</text> </paragraph> <paragraph num="(c)"> <text>Is currently classified by the IRS to be an organization to which contributions are tax deductible in accordance with 26 U.S.C. §501(c)(3);</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A description of any reportable incidents in the previous calendar year and, for each reportable incident:</text> <paragraph num="(a)"> <text>An explanation of the basis for the institution’s belief that the reportable incident does not constitute private inurement; and</text> </paragraph> <paragraph num="(b)"> <text>What, if any, corrective actions have been taken to date; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A declaration signed and dated by the chief executive officer of the school, under penalty of perjury, that the information in the report and any attachments to the report are true and correct.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Initial Review."> <paragraph num="A."> <text>The Secretary may request additional information from an institution to determine its classification.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall consult with the Consumer Protection Division of the Office of the Attorney General before determining that any reportable incident does not constitute private inurement.</text> </paragraph> <paragraph num="C."> <text>If the Secretary finds, based on all the information available to the Secretary, that the requirements of Regulation .04A of this chapter are met by an institution, the Secretary shall classify the institution as a private nonprofit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, and send written notice of the determination to the institution no later than 45 days after submission of the report in Regulation .05 of this chapter.</text> </paragraph> <paragraph num="D."> <text>If the Secretary finds that an institution should be classified as a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, the Secretary shall provide a written statement of findings, including the basis of the findings, to the institution no later than 45 days after submission of the report in Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Determination After Statement of Findings."> <paragraph num="A."> <text>An institution may, within 20 days of receipt of a statement of findings under Regulation .06 of this chapter, submit to the Secretary a response and proposed corrective action plan.</text> </paragraph> <paragraph num="B."> <text>If the Secretary does not receive a response to the statement of findings within the specified time period, the Secretary shall issue a determination affirming the statement of findings and classifying the institution as a for-profit institution of higher education.</text> </paragraph> <paragraph num="C."> <text>Within 20 days of receipt of a response to the statement of findings, the Secretary shall:</text> <paragraph num="(1)"> <text>Issue a revised statement of findings and a determination classifying the institution as a private nonprofit institution of higher education;</text> </paragraph> <paragraph num="(2)"> <text>Issue a determination affirming the statement of findings and classifying the institution as a for-profit institution of higher education; or</text> </paragraph> <paragraph num="(3)"> <text>Notify the institution, in writing, that a determination is being deferred for the purposes of entering into a corrective action plan.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The criteria used to determine the action the Secretary shall take under §C of this regulation shall include the egregiousness of the private inurement and the feasibility of satisfactory corrective action.</text> </paragraph> <paragraph num="E."> <text>Corrective Action Plans.</text> <paragraph num="(1)"> <text>A corrective action plan proposal shall include, at a minimum:</text> <paragraph num="(a)"> <text>A description of the measures necessary to remedy the private inurement;</text> </paragraph> <paragraph num="(b)"> <text>A description of the measures necessary to prevent recurrence of the private inurement; and</text> </paragraph> <paragraph num="(c)"> <text>A timeline for the completion of the corrective action.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Secretary may recommend modifications to the proposed plan, including periodic monitoring or progress reports.</text> </paragraph> <paragraph num="(3)"> <text>If the Secretary and the institution are unable to agree on a final corrective action plan within 10 days of the Secretary’s deferment notification, the Secretary shall issue a determination classifying the institution as a for-profit institution of higher education.</text> </paragraph> <paragraph num="(4)"> <text>Upon agreement of the Secretary and the institution, a final corrective action plan may be modified due to a change in circumstances.</text> </paragraph> <paragraph num="(5)"> <text>If at any time the Secretary finds that an institution is not in compliance with the corrective action plan, the Secretary shall issue a notice to the institution stating the amount of time in which the institution must remedy the noncompliance.</text> </paragraph> <paragraph num="(6)"> <text>If the institution remains in noncompliance after the expiration of the time period in the notice of noncompliance, the Secretary shall issue a determination classifying the institution as a for-profit institution of higher education.</text> </paragraph> <paragraph num="(7)"> <text>If the Secretary finds that a corrective action plan has been satisfactorily completed, the Secretary shall issue a revised statement of findings and a determination classifying the institution as a private nonprofit institution of higher education.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Any determination classifying an institution as a for-profit institution of higher education shall state the basis of the determination.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Hearings."> <paragraph num="A."> <text>Requests.</text> <paragraph num="(1)"> <text>If, within 45 days after timely submission of a report under Regulation .05 of this chapter, an institution has not received a determination or a statement of findings, the institution may request a hearing before the Commission to determine its classification.</text> </paragraph> <paragraph num="(2)"> <text>If, within 20 days after timely submission of a response to a statement of findings, an institution has not received a determination or a notice of deferral, the institution may request a hearing before the Commission to determine its classification.</text> </paragraph> <paragraph num="(3)"> <text>If the Secretary issues a determination that an institution will be classified as a for-profit institution of higher education, the institution may, within 20 days of receiving notice of the determination, request a hearing before the Commission to determine if the classification was made in an arbitrary or capricious manner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A hearing requested under this regulation shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="C."> <text>If, after a hearing, the Secretary’s determination is upheld or the institution is determined by the Commission to be a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, the institution has the right to judicial review as provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Effect of Classification."> <paragraph num="A."> <text>The Secretary may take any action regarding the institution that is permissible under Education Article, Annotated Code of Maryland, and this title for the Commission to take regarding a for-profit institution of higher education, after:</text> <paragraph num="(1)"> <text>The Secretary issues a determination of classification as a for-profit institution of higher education and no request for a hearing is received within 20 days;</text> </paragraph> <paragraph num="(2)"> <text>An institution has been determined to be a for-profit institution of higher education after a hearing arising from Regulation .08A(1) or (2) of this chapter; or</text> </paragraph> <paragraph num="(3)"> <text>The Secretary’s determination of for-profit classification is upheld after a hearing arising from Regulation .08A(3) of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An institution’s nonprofit status shall be retained until the occurrence of one of the provisions of §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Notwithstanding any corrective action, an institution’s for-profit status shall be retained until the Secretary issues a determination classifying the institution as a nonprofit institution of higher education.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 11-407.1, Annotated Code of Maryland; Ch. 515, Acts of 2019</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 24, 2020 (47:4 Md. R. 262)</annotation> </annotations> </chapter> </subtitle> <subtitle num="02" heading="Academic Regulations"> <chapter num="01" heading="Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>This chapter implements the provisions of Education Article, §§11-201—11-204, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The purpose of this chapter is to require that out-of-State institutions:</text> <paragraph num="(1)"> <text>Maintain intellectual and academic integrity;</text> </paragraph> <paragraph num="(2)"> <text>Have adequate financial resources and be operated in accordance with acceptable principles of sound financial management;</text> </paragraph> <paragraph num="(3)"> <text>Have a clearly defined mission, with goals and objectives consistent with the purposes of higher education and related to the programs to be offered by the institution in Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Consistently maintain a faculty, a program of instruction, physical facilities, and resources adequate to the:</text> <paragraph num="(a)"> <text>Satisfactory delivery of the program approved to be offered in Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Attainment of educational quality;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Admit, retain, and graduate only those students who meet quantitatively and qualitatively creditable standards of achievement appropriate to the institution;</text> </paragraph> <paragraph num="(6)"> <text>Issue announcements and advertisements that accurately portray to the public the purposes, practices, and program offerings of the institution at the approved site or sites in Maryland;</text> </paragraph> <paragraph num="(7)"> <text>Provide appropriate student services; and</text> </paragraph> <paragraph num="(8)"> <text>Operate under an effective administrative structure.</text> </paragraph> </paragraph> <paragraph num="C."> <text>This chapter is to be interpreted to encourage and permit innovations aimed at improving the effectiveness of higher education through the use of new technologies, techniques, and modes of delivery that are consistent with quality education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>The requirements in this chapter apply to all out-of-State institutions, including colleges and universities, and separately incorporated graduate institutions or centers that require or seek a certificate of approval to operate in Maryland, or continue to operate in Maryland, and grant formal awards within the State.</text> </paragraph> <paragraph num="B."> <text>The requirements in this chapter also apply to existing out-of-State institutions that are seeking approval to offer a new degree level in Maryland.</text> </paragraph> <paragraph num="C."> <text>The approval granted to an out-of-State institution to operate in Maryland and award degrees applies only to the formal awards, instructional programs, and locations designated in the certificate of approval.</text> </paragraph> <paragraph num="D."> <text>Programs to be reviewed under this authority include:</text> <paragraph num="(1)"> <text>New certificates or degree levels; and</text> </paragraph> <paragraph num="(2)"> <text>Program suspensions or discontinuances.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Application of Chapter to Out-of-State SARA Institutions.</text> <paragraph num="(1)"> <text>Regulations .04-1—.22 of this chapter do not apply to out-of-State SARA institutions that do not operate in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The requirements of this chapter apply to out-of-State SARA institutions that operate in Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Academic Credit.</text> <paragraph num="(a)"> <text>“Academic credit” means the certification of a student's successful completion of a unit of a course of study leading to a formal award granted by an out-of-State institution approved to offer a collegiate degree, such as an associate or higher degree.</text> </paragraph> <paragraph num="(b)"> <text>“Academic credit” does not include credit that may be awarded for remedial education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Associate degree-granting institution” means an institution that awards a degree at the associate level in two or more instructional programs and does not award a higher degree.</text> </paragraph> <paragraph num="(3)"> <text>Classroom Instruction.</text> <paragraph num="(a)"> <text>“Classroom instruction” means live instruction for academic credit that allows immediate interaction between student and instructor, such as lectures, laboratory instruction, seminars, colloquia, interactive instructional television, and, if immediate live feedback is available from an instructor, independent study and computer-aided instruction.</text> </paragraph> <paragraph num="(b)"> <text>“Classroom instruction” does not include instruction through correspondence, non-interactive learning, credit for prior learning, cooperative education activities, practica, internships, externships, apprenticeships, portfolio review, departmental examinations, or challenge examinations.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Closed site” means a business, organization, educational entity, or government site that offers courses solely for its own employees.</text> </paragraph> <paragraph num="(5)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(5-1)"> <text>“C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.</text> </paragraph> <paragraph num="(6)"> <text>“Credit for prior learning” means credit granted toward the award of a certificate or degree for experiential learning that can be shown through various means of assessment to be the equivalent of learning gained through formal collegiate instruction.</text> </paragraph> <paragraph num="(7)"> <text>“Degree-granting institution” means an associate degree-granting institution or an institution offering baccalaureate or higher degrees.</text> </paragraph> <paragraph num="(8)"> <text>“Distance education” means education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor synchronously or asynchronously:</text> <paragraph num="(a)"> <text>Internet;</text> </paragraph> <paragraph num="(b)"> <text>One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;</text> </paragraph> <paragraph num="(c)"> <text>Audio conferencing; and</text> </paragraph> <paragraph num="(d)"> <text>Video cassette, DVDs, and CD-ROMs, if the cassette, DVDs, and CD-ROMs are used in a course in conjunction with a technology listed in §B(8)(a)—(c) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Formal award” means a certificate or degree that is conferred by the faculty and ratified by the out-of-State institution's governing board in recognition of successful completion of the requirements of a program.</text> </paragraph> <paragraph num="(10)"> <text>“Full-time faculty member” means an employee:</text> <paragraph num="(a)"> <text>Whose primary professional responsibility is instruction, research, scholarship, or service;</text> </paragraph> <paragraph num="(b)"> <text>Who performs those functions normally expected of a full-time faculty member at an institution of higher education, including curriculum development, student advising, and institutional service;</text> </paragraph> <paragraph num="(c)"> <text>Who is employed on an annual or renewable contract of at least 9 months long that stipulates an annual salary; and</text> </paragraph> <paragraph num="(d)"> <text>Who is not employed full-time by another employer.</text> </paragraph> </paragraph> <paragraph num="(10-1)"> <text>“Home state” means the SARA member state in which an institution holds its legal domicile.</text> </paragraph> <paragraph num="(11)"> <text>“New degree” means a degree level not specified in an out-of-state institution's certificate of approval such as an associate level, bachelor's level, master's level, doctoral level, or first professional level.</text> </paragraph> <paragraph num="(12)"> <text>“Operate in Maryland” means to:</text> <paragraph num="(a)"> <text>Establish or provide a physical location in the State for students to receive synchronous or asynchronous instruction for credit leading to a degree or certificate;</text> </paragraph> <paragraph num="(b)"> <text>Require students to physically meet in a location in the State for instructional purposes more than twice during a full-term (quarter or semester) course for a total of more than 6 hours; or</text> </paragraph> <paragraph num="(c)"> <text>Have more than ten students, in a single program, placed simultaneously at one site in the State in a supervised internship, practicum, or field experience as a required part of a degree or certificate program, unless the internship, practicum, or field experience:</text> <paragraph num="(i)"> <text>Is arranged and administered by a national placement center;</text> </paragraph> <paragraph num="(ii)"> <text>Occurs at the National Institutes of Health, the U.S. Food and Drug Administration, or another federal agency that, in the determination of the Secretary, recruits students nationwide from eligible academic programs, regardless of the student’s specific institution of higher education; or</text> </paragraph> <paragraph num="(iii)"> <text>In the determination of the Secretary, has de minimus contacts with Maryland and is subject to the sufficient oversight of another regulatory body or government agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Out-of-State institution” means a degree-granting institution whose primary campus exists outside of Maryland and the authority to grant degrees is conferred by another state.</text> </paragraph> <paragraph num="(13-1)"> <text>“Out-of-State SARA institution” means an out-of-State institution approved by its home state to participate in SARA.</text> </paragraph> <paragraph num="(14)"> <text>“Program” means a structured and coherent course of study with clearly defined objectives and intended student learning outcomes, requiring the completion of a specified number of course credits from among a prescribed group of courses, which leads to the award of a certificate or degree.</text> </paragraph> <paragraph num="(15)"> <text>“Regional higher education center” has the meaning stated in Education Article, §10-101(k), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>“Remedial education” means a course or series of courses or services, or both, designed to remedy deficiencies in preparation for college-level work, especially in reading, writing, mathematics, and study skills that cannot be applied to credit for a degree or certificate.</text> </paragraph> <paragraph num="(16-1)"> <text>“SARA” means a State Authorization Reciprocity Agreement overseen by the National Council for State Authorization Reciprocity Agreements and administered by the Southern Regional Education Board, the New England Board of Higher Education, the Midwestern Higher Education Compact, or the Western Interstate Commission for Higher Education.</text> </paragraph> <paragraph num="(16-2)"> <text>“SARA distance education” means interstate instruction, originating in the U.S. or a U.S. territory, offered by any means where the student and faculty member are in separate physical locations, including, but not limited to, online, interactive video, or correspondence courses or programs.</text> </paragraph> <paragraph num="(17)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(18)"> <text>“Segment of higher education” means:</text> <paragraph num="(a)"> <text>The University System of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Morgan State University;</text> </paragraph> <paragraph num="(c)"> <text>St. Mary's College of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>The Maryland community colleges;</text> </paragraph> <paragraph num="(e)"> <text>The Maryland Independent College and University Association; and</text> </paragraph> <paragraph num="(f)"> <text>The Maryland Association of Private Colleges and Career Schools.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Exemptions."> <paragraph num="A."> <text>This chapter does not apply to an out-of-State institution offering a course or a program on a military installation if:</text> <paragraph num="(1)"> <text>The recruitment and enrollment of students is limited to active duty military personnel, dependents of active duty military personnel, or civilians employed at the installation;</text> </paragraph> <paragraph num="(2)"> <text>The institution waives its right to claim veterans' benefits for enrollees; and</text> </paragraph> <paragraph num="(3)"> <text>The institution applies for and is granted an exemption from this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>At least 30 days before the proposed initiation date of a course of instruction, the chief executive officer of the out-of-State institution shall submit to the Secretary, on the forms provided, a written application for an exemption from the approval process set forth in Regulation .07 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The application shall include:</text> <paragraph num="(1)"> <text>A copy of the agreement or memorandum of understanding that specifies that the out-of-State institution may not recruit or enroll students unless they are active duty military personnel, dependents of active duty military personnel or civilians employed at the installation; and</text> </paragraph> <paragraph num="(2)"> <text>A statement waiving the institution's right to claim veterans' benefits for enrollees.</text> </paragraph> </paragraph> <paragraph num="D."> <text>There is no application fee for an exemption for a course or program on a military installation.</text> </paragraph> <paragraph num="E."> <text>The Secretary shall approve the exemption if the application is complete.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Report by Out-of-State Institutions."> <paragraph num="A."> <text>An out-of-State institution that has no more than ten students in a single program placed simultaneously at one site in the State in a supervised internship, practicum, or field experience as a required part of a degree or certificate program shall:</text> <paragraph num="(1)"> <text>Submit to the Secretary, by June 30 of each year, an annual report detailing the number of students placed at each internship, practicum, or field experience location; and</text> </paragraph> <paragraph num="(2)"> <text>Register any online programs in accordance with Education Article, §11–202.2, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The annual report to the Secretary shall be made in a form and manner required by the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Institutional Titles."> <paragraph num="A."> <text>An out-of-State institution or other out-of-State entity may not use the name “college”, “university”, “regional higher education center”, or word of similar import, in a manner that connotes the offering of a postsecondary educational course or program, unless that institution has first met the criteria established by, and obtained a certificate of approval from, the Commission in the manner provided by law.</text> </paragraph> <paragraph num="B."> <text>Change of Institutional Designation.</text> <paragraph num="(1)"> <text>An out-of-State institution may not change its institutional designation within the State without the approval of the Commission.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall pay a fee of $250 with an application to the Commission to change its institutional designation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An out-of-State institution shall use within the State a title appropriate to the programs and degrees it offers in the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Need Criteria."> <paragraph num="A."> <text>Before the Commission may evaluate the readiness of an out-of-State institution to operate in Maryland or award new degrees in the State, including the offering of an instructional program or a degree level not previously approved, the institution shall present evidence demonstrating the educational need to establish operations, offer programs, and award the degrees in question in the State.</text> </paragraph> <paragraph num="B."> <text>The evidence required by §A of this regulation shall include:</text> <paragraph num="(1)"> <text>The degree to be awarded;</text> </paragraph> <paragraph num="(2)"> <text>The area of specialization;</text> </paragraph> <paragraph num="(3)"> <text>The purpose or objective of the program or course of study to be offered;</text> </paragraph> <paragraph num="(4)"> <text>Specific academic content of the program or course of study;</text> </paragraph> <paragraph num="(5)"> <text>The quality of the proposed program in comparison to existing programs;</text> </paragraph> <paragraph num="(6)"> <text>An analysis of the market for the program; and</text> </paragraph> <paragraph num="(7)"> <text>The State's equal educational opportunity obligations under State and federal law.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition, the out-of-State institution shall demonstrate that the proposed program, for which the institution is making application:</text> <paragraph num="(1)"> <text>Meets a critical and compelling regional or Statewide need; and</text> </paragraph> <paragraph num="(2)"> <text>Is consistent with the Maryland State Plan for Postsecondary Education.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The out-of-State institution shall clearly state the demand and need for a program, for which the institution is making application, in terms of meeting present and future needs of the region and the State in general. Two kinds of need may be identified:</text> <paragraph num="(1)"> <text>Societal needs, including the tradition of liberal arts education, which provides immeasurable returns to the State in part by instilling in citizens a capacity for advanced learning and individual and societal benefits regardless of workforce or market demand considerations; and</text> </paragraph> <paragraph num="(2)"> <text>Occupational needs relative to meeting workforce requirements or upgrading vocational or technical skills.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Market Demand Data.</text> <paragraph num="(1)"> <text>The out-of-State institution shall present data projecting market demand and the availability of openings in the job market to be served by the new program for which the institution is making application. The type of information submitted will vary, depending on the program, but may include workforce and employment projections prepared by the federal and State governments as well as professional and trade associations.</text> </paragraph> <paragraph num="(2)"> <text>With the exception of programs in the liberal arts, recently collected, existing, or new market surveys shall be used which clearly provide quantifiable and reliable data from prospective employers on the educational and training needs, and the anticipated number of vacancies, expected over the next 5 years.</text> </paragraph> <paragraph num="(3)"> <text>In assessing demand for a new program, for which the institution is making application, an institution shall also present data showing the current supply of graduates in that program area in the State and region.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Institutional Initial Approval Process."> <paragraph num="A."> <text>An out-of-State institution seeking initial approval may not operate in Maryland, do business, recruit or enroll students, begin instruction, or promote advanced publicity through advertisements, announcements, or other similar media on proposed courses or programs to be offered in Maryland until it obtains approval from the Secretary in accordance with this chapter.</text> </paragraph> <paragraph num="B."> <text>The Secretary's approval to operate in Maryland, if granted, shall be for a period of 1 year and may be renewable on an annual basis for the first 5 years of operation in Maryland, and thereafter for an extended period of time up to 5 years.</text> </paragraph> <paragraph num="C."> <text>An out-of-State institution that has received a certificate of approval to operate in Maryland may not add a new program until it has complied with §D(3) of this regulation.</text> </paragraph> <paragraph num="D."> <text>Procedures to Apply for Initial Approval to Operate in Maryland.</text> <paragraph num="(1)"> <text>To receive initial approval to operate in Maryland, the chief executive officer shall submit to the Secretary, on the forms provided, a written application for authorization to offer one or more postsecondary educational courses or programs in a specific location in Maryland. The completed application and all supportive documentation shall be provided at least 5 months before the out-of-State institution proposes to begin operation.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall submit a non-refundable application fee in the amount of:</text> <paragraph num="(a)"> <text>$7,500 for up to two degree programs; and</text> </paragraph> <paragraph num="(b)"> <text>An additional $850 for each degree program over two programs.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The application to offer degree and certificate programs shall include:</text> <paragraph num="(a)"> <text>Identification of the institution;</text> </paragraph> <paragraph num="(b)"> <text>The specific address, if known, or the geographical location of proposed operation, including, at a minimum, the county or city, with the specific address to be provided when known;</text> </paragraph> <paragraph num="(c)"> <text>Proposed start date and term of operation;</text> </paragraph> <paragraph num="(d)"> <text>Identification of authorized representatives;</text> </paragraph> <paragraph num="(e)"> <text>Board of trustees resolution of financial solvency;</text> </paragraph> <paragraph num="(f)"> <text>Except as provided in §D(4)(a) of this regulation, certificate of incorporation as a foreign (out-of State) corporation from the Department of Assessments and Taxation;</text> </paragraph> <paragraph num="(g)"> <text>Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;</text> </paragraph> <paragraph num="(h)"> <text>Copies of awards to be granted;</text> </paragraph> <paragraph num="(i)"> <text>Programmatic data, including the degree or certificate, the curriculum, and proposed schedule of classes;</text> </paragraph> <paragraph num="(j)"> <text>A detailed and accurate description of the proposed programs and operations including:</text> <paragraph num="(i)"> <text>All degree and certificate programs to be offered by the institution;</text> </paragraph> <paragraph num="(ii)"> <text>A description of the objectives of each degree and certificate program including the mode of instructional delivery;</text> </paragraph> <paragraph num="(iii)"> <text>A description of the student population to be served; and</text> </paragraph> <paragraph num="(iv)"> <text>A description of a teach-out plan allowing enrolled students to complete their program if the institution decides to cease operation in Maryland;</text> </paragraph> </paragraph> <paragraph num="(k)"> <text>Evidence of a critical and compelling regional or Statewide need and demand for specific academic degree programs in a specific geographic region of the State in accordance with Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(l)"> <text>Data projecting market demand and the availability of openings in the job market to be served by each new program;</text> </paragraph> <paragraph num="(m)"> <text>Qualification of instructors and staff;</text> </paragraph> <paragraph num="(n)"> <text>Library resources;</text> </paragraph> <paragraph num="(o)"> <text>Certificate of compliance with fire and safety codes;</text> </paragraph> <paragraph num="(p)"> <text>Copies of advertisements; and</text> </paragraph> <paragraph num="(q)"> <text>If applicable, a letter of sponsorship from the employer or institution that is requesting the out-of-State institution to offer a program in Maryland.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Certificate of Incorporation.</text> <paragraph num="(a)"> <text>A public institution is not required to submit a certificate of incorporation as a foreign corporation.</text> </paragraph> <paragraph num="(b)"> <text>A business entity affiliated with a public institution is required to submit a certificate of incorporation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The institution may apply to offer courses only if the full complement of courses comprise not more than 3 courses or 9 credits of a degree or certificate program. The application to offer courses shall include:</text> <paragraph num="(a)"> <text>Identification of the institution;</text> </paragraph> <paragraph num="(b)"> <text>The specific address, if known, or the geographic location of proposed operation, including, at a minimum, the county or city, with the specific address to be provided when known;</text> </paragraph> <paragraph num="(c)"> <text>Proposed start date and term of operation;</text> </paragraph> <paragraph num="(d)"> <text>Certificate of incorporation as a foreign (out-of-State) corporation, if required by State law;</text> </paragraph> <paragraph num="(e)"> <text>Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;</text> </paragraph> <paragraph num="(f)"> <text>Programmatic data, including the degree or certificate, the curriculum, and the proposed schedule of classes;</text> </paragraph> <paragraph num="(g)"> <text>A description of the objectives of each course including the mode of instructional delivery;</text> </paragraph> <paragraph num="(h)"> <text>A description of the student population to be served;</text> </paragraph> <paragraph num="(i)"> <text>Evidence of a critical and compelling regional or Statewide need and demand for specific academic degree programs in a specific geographic region of the State in accordance with Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(j)"> <text>Qualification of instructors and staff;</text> </paragraph> <paragraph num="(k)"> <text>Certificate of compliance with fire and safety codes; and</text> </paragraph> <paragraph num="(l)"> <text>If applicable, a letter of sponsorship from the employer or institution that is requesting the institution to offer a course in Maryland.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Application to Operate in Maryland as a Closed Site Out-of-State Institution.</text> <paragraph num="(a)"> <text>An application to offer degree and certificate programs as a closed-site institution shall include all of the application requirements specified in §D(3) of this regulation. An application to offer not more than 3 courses or 9 credits of a degree or certificate program as a closed-site institution shall include all of the application requirements specified in §D(5) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>In addition, the institution shall supply a memorandum of understanding from the Maryland entity sponsoring the institution. The memorandum of understanding shall specify that the institution is operating as a closed-site and that courses are offered solely for its own employees.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Application Review, Notice, and Period for Comments and Objections.</text> <paragraph num="(1)"> <text>Upon submission by an out-of-State institution of the application and documentation required by §D of this regulation, the Secretary shall review the application and documentation to ensure that the institution has satisfied the requirements of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of a complete application and documentation, the Secretary shall inform all institutions of higher education and segments of higher education of the proposal.</text> </paragraph> <paragraph num="(3)"> <text>A 30-day period for comments and objections shall be allowed.</text> </paragraph> <paragraph num="(4)"> <text>Any institution of higher education or segment of higher education desiring to raise an objection shall do so during the 30-day comment period.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary shall consider all comments and objections received before making the final decision.</text> </paragraph> <paragraph num="(6)"> <text>The Secretary may not consider an objection raised after the 30-day period.</text> </paragraph> <paragraph num="(7)"> <text>The Secretary may ask the applicant institution for additional information in response to comments and objections received.</text> </paragraph> <paragraph num="(8)"> <text>The 30-day period for comments and objections does not apply to a closed-site institution.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Secretary's Grant of Approval to Operate in Maryland.</text> <paragraph num="(1)"> <text>The Secretary shall grant the certificate of approval to the out-of-State institution to operate in Maryland on such conditions as may be considered appropriate, if the Secretary is satisfied that:</text> <paragraph num="(a)"> <text>The application and documentation submitted by the institution is in compliance with this chapter and the institution is in compliance with this chapter;</text> </paragraph> <paragraph num="(b)"> <text>The institution is fully accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation; and</text> </paragraph> <paragraph num="(c)"> <text>The programs to be offered in Maryland are similar to programs offered at its main or primary campus, unless the Secretary finds that the institution has provided sufficient justification otherwise.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Secretary shall notify the chief executive officer of the institution in writing of the official action taken by the Secretary.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Secretary's Denial of Approval to Operate in Maryland.</text> <paragraph num="(1)"> <text>If the Secretary is not satisfied that an out-of-State institution is in compliance with this chapter, the Secretary shall issue a notice of deficiencies and deny approval to the institution.</text> </paragraph> <paragraph num="(2)"> <text>Within 20 days of receipt of a notice of deficiencies, the institution denied approval to operate in Maryland may request a hearing before the Commission as provided in Education Article, §11-202(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(4)"> <text>If the institution requests a hearing, the Commission may refer the hearing to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(5)"> <text>After the hearing in §G(3) of this regulation, the Commission may take the following action:</text> <paragraph num="(a)"> <text>Grant approval to operate;</text> </paragraph> <paragraph num="(b)"> <text>Deny approval to operate; or</text> </paragraph> <paragraph num="(c)"> <text>Remand the case to the Secretary for further action as directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the institution does not file a timely request for a hearing on the notice of deficiencies, the Secretary's decision becomes final.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Completed Application and Documentation.</text> <paragraph num="(1)"> <text>An application is complete as of the day on which an out-of-State institution submits documentation satisfactory to the Secretary that the institution has completed the application process.</text> </paragraph> <paragraph num="(2)"> <text>If the Secretary has neither issued a certificate of approval nor a written notice of deficiency within 6 months of the completed application, the institution may request a hearing before the Commission to determine whether a certificate of approval shall be issued.</text> </paragraph> <paragraph num="(3)"> <text>The request shall be made within 20 days of the expiration of the 6-month period.</text> </paragraph> <paragraph num="(4)"> <text>The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>An out-of-State institution that is denied a certificate of approval by the Commission after a hearing granted under §G or H of this regulation has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is presumed correct and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07-1" heading=". Operation of Out-of-State SARA Institutions in the State."> <paragraph num="A."> <text>An out-of-state SARA institution that does not operate in Maryland may provide SARA distance education in the State.</text> </paragraph> <paragraph num="B."> <text>An out-of-State SARA institution may not operate in Maryland unless it first obtains a certificate of approval from the Commission pursuant to Education Article, §11-202, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>An out-of-State SARA institution that operates in Maryland may not offer a program in Maryland unless the program is offered in compliance with Education Article, §11-206, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>An out-of-State SARA institution is subject to all generally applicable laws and regulations of Maryland, as may be amended by the General Assembly, including but not limited to the Maryland Consumer Protection Act.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Institutional Renewal Approval Process."> <paragraph num="A."> <text>An out-of-State institution seeking to continue to operate in Maryland at a previously approved location for an additional year may not operate in Maryland, do business, recruit or enroll students, begin instruction, or promote advanced publicity through advertisements, announcements, or other similar media on proposed courses or programs to be offered in Maryland until it obtains approval from the Secretary in accordance with this chapter.</text> </paragraph> <paragraph num="B."> <text>Procedures to Apply for Approval to Continue to Operate in Maryland at a Previously Approved Location.</text> <paragraph num="(1)"> <text>To receive approval to continue to operate in Maryland at a previously approved location for an additional year, whether to offer previously approved courses and programs or to offer new courses and programs, the chief executive officer shall submit to the Secretary on the forms provided a written application for authorization to continue to operate in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>With the exception of an out-of-State institution that is located at and part of a regional higher education center, an out-of-State institution shall submit a nonrefundable application fee in the amount of:</text> <paragraph num="(a)"> <text>$7,500 for up to two degree programs; and</text> </paragraph> <paragraph num="(b)"> <text>An additional $850 for each degree program over two programs.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The completed application and all supportive documentation for continued operation shall be provided at least 5 months before any existing approval expires.</text> </paragraph> <paragraph num="(4)"> <text>The application shall include:</text> <paragraph num="(a)"> <text>Identification of the institution;</text> </paragraph> <paragraph num="(b)"> <text>Specific mailing address of current operation;</text> </paragraph> <paragraph num="(c)"> <text>Proposed date of continued operation;</text> </paragraph> <paragraph num="(d)"> <text>Identification of authorized representatives;</text> </paragraph> <paragraph num="(e)"> <text>Board of trustees resolution of financial solvency;</text> </paragraph> <paragraph num="(f)"> <text>Certificate of incorporation as a foreign (out-of-State) corporation, if required by State law;</text> </paragraph> <paragraph num="(g)"> <text>Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;</text> </paragraph> <paragraph num="(h)"> <text>Copies of awards;</text> </paragraph> <paragraph num="(i)"> <text>Programmatic data, including the degree or certificate, the curriculum, and proposed schedule of classes;</text> </paragraph> <paragraph num="(j)"> <text>A detailed and accurate description of any proposed new programs and operations including:</text> <paragraph num="(i)"> <text>The degree and certificate programs to be offered by the institution for these programs;</text> </paragraph> <paragraph num="(ii)"> <text>A description of the objectives of each new degree and certificate program including the mode of instructional delivery;</text> </paragraph> <paragraph num="(iii)"> <text>A description of the student population to be served; and</text> </paragraph> <paragraph num="(iv)"> <text>A description of a teach-out plan allowing enrolled students to complete their program if the institution decides to cease operation in Maryland;</text> </paragraph> </paragraph> <paragraph num="(k)"> <text>Evidence of a critical and compelling regional or Statewide need and demand for the specific new academic degree programs in a specific geographical region of the State in accordance with Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(l)"> <text>Data projecting market demand and the availability of openings in the job market to be served by each new program;</text> </paragraph> <paragraph num="(m)"> <text>Qualification of instructors and staff;</text> </paragraph> <paragraph num="(n)"> <text>Library resources;</text> </paragraph> <paragraph num="(o)"> <text>Certificate of compliance with fire and safety codes;</text> </paragraph> <paragraph num="(p)"> <text>Copies of advertisements; and</text> </paragraph> <paragraph num="(q)"> <text>Enrollment data as prescribed by the Secretary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures to Apply for Approval for Extended Operation in Maryland.</text> <paragraph num="(1)"> <text>During or after the fifth year of operation in Maryland and during any subsequent renewal cycle, an out-of-State institution may apply for approval to operate in Maryland for an extended period of time up to 5 years.</text> </paragraph> <paragraph num="(2)"> <text>To receive approval to continue to operate in Maryland at a previously approved location for an extended period, whether to offer previously approved courses and programs or to offer new courses and programs, the chief executive officer shall submit to the Secretary on the forms provided a written application for authorization to continue to operate in Maryland. The completed application and all supportive documentation for continued operation shall be provided at least 5 months before any existing approval expires.</text> </paragraph> <paragraph num="(3)"> <text>The application shall include:</text> <paragraph num="(a)"> <text>Identification of the institution;</text> </paragraph> <paragraph num="(b)"> <text>Specific geographical location of current operation;</text> </paragraph> <paragraph num="(c)"> <text>Proposed date of continued operation;</text> </paragraph> <paragraph num="(d)"> <text>Identification of authorized representatives;</text> </paragraph> <paragraph num="(e)"> <text>Board of trustees resolution of financial solvency;</text> </paragraph> <paragraph num="(f)"> <text>Certificate of incorporation as a foreign (out-of-State) corporation;</text> </paragraph> <paragraph num="(g)"> <text>Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;</text> </paragraph> <paragraph num="(h)"> <text>Copies of awards;</text> </paragraph> <paragraph num="(i)"> <text>Programmatic data, including the degree or certificate, the curriculum, and proposed schedule of classes;</text> </paragraph> <paragraph num="(j)"> <text>Qualification of instructors and staff;</text> </paragraph> <paragraph num="(k)"> <text>Library resources;</text> </paragraph> <paragraph num="(l)"> <text>Certificate of compliance with fire and safety codes;</text> </paragraph> <paragraph num="(m)"> <text>Copies of advertisements; and</text> </paragraph> <paragraph num="(n)"> <text>Enrollment data as prescribed by the Secretary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Application Review, Notice, and Period for Comments and Objections.</text> <paragraph num="(1)"> <text>Upon submission by an out-of-State institution of the application and documentation required by §B or C of this regulation, the Secretary shall review the application for renewal and documentation to ensure that the institution continues to satisfy the requirements of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of a complete application and documentation, the Secretary shall inform all institutions of higher education and segments of higher education of the proposal.</text> </paragraph> <paragraph num="(3)"> <text>A 30-day period for comments and objections shall be allowed.</text> </paragraph> <paragraph num="(4)"> <text>Any institution of higher education or segment desiring to raise an objection shall do so during the 30-day comment period.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary shall consider all comments and objections received before making the final decision.</text> </paragraph> <paragraph num="(6)"> <text>The Secretary may not consider an objection raised after the 30-day period.</text> </paragraph> <paragraph num="(7)"> <text>The Secretary may ask the applicant institution for additional information in response to comments and objections received.</text> </paragraph> <paragraph num="(8)"> <text>The 30-day period for comments and objections does not apply to a closed-site institution.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Secretary's Grant of Approval to Operate in Maryland.</text> <paragraph num="(1)"> <text>The Secretary shall renew the out-of-State institution's approval to operate in Maryland at a previously approved location on such conditions as may be considered appropriate, if the Secretary is satisfied that:</text> <paragraph num="(a)"> <text>The application for renewal and documentation submitted by the institution is in compliance with this chapter and the institution is in continued compliance with this chapter;</text> </paragraph> <paragraph num="(b)"> <text>The institution remains fully accredited by an organization recognized as an accrediting agency by the United States Department of Education; and</text> </paragraph> <paragraph num="(c)"> <text>The programs to be offered in Maryland remain similar to programs offered at its main or primary campus.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Secretary shall notify the chief executive officer of the institution in writing of the Secretary's decision.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Secretary's Denial of Approval to Continue to Operate in Maryland.</text> <paragraph num="(1)"> <text>If the Secretary is not satisfied that an out-of-State institution is in continued compliance with this chapter, the Secretary shall issue a notice of deficiencies and deny renewal of the approval to the institution.</text> </paragraph> <paragraph num="(2)"> <text>Within 20 days of receipt of a notice of deficiencies, the institution denied renewal of the approval to operate in Maryland may request a hearing before the Commission as provided in Education Article, §11-202(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(4)"> <text>If the institution requests a hearing, the Commission may refer the hearing to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(5)"> <text>After the hearing in §F(3) of this regulation, the Commission may take the following action:</text> <paragraph num="(a)"> <text>Grant the renewal of approval to operate;</text> </paragraph> <paragraph num="(b)"> <text>Deny the renewal of approval to operate; or</text> </paragraph> <paragraph num="(c)"> <text>Remand the case to the Secretary for further action as directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the institution does not file a timely request for a hearing on the notice of deficiencies, the Secretary's decision becomes final.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Completed Application and Documentation.</text> <paragraph num="(1)"> <text>An application is complete as of the day on which an out-of-State institution submits documentation satisfactory to the Secretary that it has completed the application process.</text> </paragraph> <paragraph num="(2)"> <text>If the Secretary has neither issued a certificate of approval nor a written notice of deficiency within 6 months of the completed application, the institution may request a hearing before the Commission to determine whether a certificate of approval shall be issued.</text> </paragraph> <paragraph num="(3)"> <text>The request shall be made within 20 days of the expiration of the 6-month period.</text> </paragraph> <paragraph num="(4)"> <text>The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>An out-of-State institution that is denied a renewal of its certificate of approval by the Commission after a hearing granted under §F or G of this regulation has the right to judicial review as provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is presumed correct and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Further Requests by Institution.</text> <paragraph num="(1)"> <text>After an out-of-State institution has received extended operational approval, the Commission shall apply the standards set forth in Regulation .06 of this chapter to a request by the institution for approval to:</text> <paragraph num="(a)"> <text>Offer courses not previously approved;</text> </paragraph> <paragraph num="(b)"> <text>Offer a program not previously approved; or</text> </paragraph> <paragraph num="(c)"> <text>Operate in Maryland at a site not previously approved.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the approval is granted, the approval will be in effect for the duration of the extended approval period.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Withdrawal of Approval and Other Sanctions."> <paragraph num="A."> <text>If, on the basis of available documentation, the Secretary believes that an out-of-State institution does not meet the conditions or standards on which its certificate of approval, or any other approval issued by the Commission or Secretary, was based, the Secretary shall give the institution written notice specifying the deficiencies believed to exist.</text> </paragraph> <paragraph num="B."> <text>The written notice shall specify the alleged deficiencies, direct the out-of-State institution to correct them within a period of not less than 30 days, and specify the appropriate sanctions if the institution fails to correct the deficiencies.</text> </paragraph> <paragraph num="C."> <text>Hearing.</text> <paragraph num="(1)"> <text>If the out-of-State institution requests a hearing on the notice of deficiencies, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing is received by the Commission within 20 days of the institution's receipt of the notice of deficiencies.</text> </paragraph> <paragraph num="(2)"> <text>The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and 13B.04.01.</text> </paragraph> <paragraph num="(3)"> <text>Subject to §F of this regulation, action on the notice of deficiencies shall be stayed until a determination after the hearing.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the out-of-State institution or suspend or revoke the institution's certificate of approval or any other approval issued by the Commission or Secretary.</text> </paragraph> <paragraph num="E."> <text>In imposing any sanctions under this regulation, the Commission shall consider:</text> <paragraph num="(1)"> <text>The seriousness of the deficiency;</text> </paragraph> <paragraph num="(2)"> <text>The harm caused by the deficiency;</text> </paragraph> <paragraph num="(3)"> <text>The good faith of the out-of-State institution and any corrective actions taken;</text> </paragraph> <paragraph num="(4)"> <text>Any history of previous deficiencies; and</text> </paragraph> <paragraph num="(5)"> <text>Other pertinent circumstances.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>An out-of-State institution that is aggrieved by an order of the Secretary or Commission has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is presumed correct and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Judicial Remedies.</text> <paragraph num="(1)"> <text>The Secretary may seek an injunction or other judicial remedy at any time following written notice of the deficiencies and before the Commission's final decision, if the Secretary determines that the public interest requires enforcement of the provisions of Education Article, Title 11, Annotated Code of Maryland, or any applicable regulations.</text> </paragraph> <paragraph num="(2)"> <text>If a court grants relief before a hearing that was requested on a timely basis, the Commission shall schedule the hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court's order, unless the out-of-State institution requests a delay. The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Accreditation."> <paragraph num="A."> <text>An out-of-State institution shall maintain continuous full accreditation by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation. Candidacy status and official probationary status may not be considered as a valid substitution for full institutional accreditation.</text> </paragraph> <paragraph num="B."> <text>Proposed specialized fields of study, maintaining professional accreditation by an association recognized by the United States Department of Education shall meet the same standards applicable to the resident campus program.</text> </paragraph> <paragraph num="C."> <text>Out-of-State institutions shall present written evidence of compliance with institutional and professional accrediting associations' policies related to off-campus educational activities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Academic Policies."> <text>Institutional academic policies for admission, graduation, and the awarding of academic credit shall be consistent with policies maintained by the parent institution for resident students and shall be consistent with the State's minimum requirements for colleges operating in Maryland as provided in COMAR 13B.02.02.15, .16, and .19.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="One Semester Hour of Credit."> <paragraph num="A."> <text>A credit hour is an amount of student work defined by an institution that is consistent with commonly accepted practice in postsecondary education and that reasonably approximates not less than:</text> <paragraph num="(1)"> <text>One hour of classroom or direct faculty instruction and a minimum of 2 hour of out-of-class student work each week for approximately 15 weeks for one semester or trimester hour of credit, or 10 to 12 weeks for one quarter hour of credit, or the equivalent amount of work over a different period of time; or</text> </paragraph> <paragraph num="(2)"> <text>At least an equivalent amount of work as required in §A(1)(a) of this definition for other academic activities as established by the institution, including laboratory work, internships, practica, studio work and other academic work leading to the award of credit hours; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>In determining the amount of work associated with a credit hour, to take into account a variety of delivery methods, measurements of student work, academic calendars, disciplines, and degree levels.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Credit for Practica, Clinical Experience, Internships, and Cooperative Work Experiences."> <paragraph num="A."> <text>An out-of-State institution awarding academic credit for practica, clinical experiences, internships, and cooperative work experiences shall ensure that the credit is being awarded for actual academic learning.</text> </paragraph> <paragraph num="B."> <text>A student shall demonstrate competence through testing or through other appropriate evaluative measures.</text> </paragraph> <paragraph num="C."> <text>A degree-granting institution offering baccalaureate and higher degrees may not award more than 45 semester hours of the minimum 120 hours required for the baccalaureate degree or a proportional amount of a greater number of hours through credit offered in this manner.</text> </paragraph> <paragraph num="D."> <text>An associate degree-granting institution may not award more than 30 semester hours of the minimum 60 hours required for the associate degree or a proportional amount of a greater number of hours through credit offered in this manner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Credit for Prior Learning."> <paragraph num="A."> <text>An out-of-State institution may not award more than 1/2 the number of credits required for graduation, regardless of the method of assessing the credit, for credit for prior learning or experience.</text> </paragraph> <paragraph num="B."> <text>An out-of-State institution may grant credit for prior learning or experience based upon successful completion of an acceptable standardized examination such as the College-Level Examination Program.</text> </paragraph> <paragraph num="C."> <text>An out-of-State institution may not award more than:</text> <paragraph num="(1)"> <text>30 semester hours of the minimum 120 hours required for the baccalaureate degree or a proportional amount of a greater number of hours; or</text> </paragraph> <paragraph num="(2)"> <text>15 semester hours of the minimum 60 semester hours required for the associate degree or a proportional amount of a greater number of hours, for credit for prior learning, granted based on examinations developed by the institution and on portfolio assessments.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An out-of-State institution shall have on file copies of whatever examinations, test results, portfolios, and portfolio assessment reviews that are used for the award of credit for prior learning. Faculty of the institution in the appropriate discipline shall conduct the assessment. The institution shall maintain the results of the assessments in the student's academic file.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Administrative Staff."> <paragraph num="A."> <text>The out-of-State institution shall provide for an on-site administrative staff responsible for the overall administrative operation of educational activities, including counseling, advising, testing, orientation, financial aid services, and maintenance of academic records.</text> </paragraph> <paragraph num="B."> <text>In addition to being responsible for the administration of the policies and procedures established by the parent institution, the designated administrators are responsible for meeting the expectations set forth in this chapter.</text> </paragraph> <paragraph num="C."> <text>The duties, responsibilities, and size of the staff shall be adequate to the purpose and size of educational activities offered.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Faculty."> <paragraph num="A."> <text>The faculty employed by the out-of-State institution shall be competent on the basis of their formal education and professional experience to enable them, through effective instruction and other activities, to achieve the educational objectives of the institution.</text> </paragraph> <paragraph num="B."> <text>A faculty member shall have completed formal studies at an institution that is accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation or internationally recognized institution at least through the master's or first professional degree, or its equivalent, in the field in which the faculty member teaches. “Equivalent” means documented outstanding achievement in the arts, music, letters, science, research, business or industry, or public service. A faculty member shall demonstrate successful experience and provide continuing evidence of keeping abreast of developments in the faculty member's field.</text> </paragraph> <paragraph num="C."> <text>At least 1/3 of the classes offered shall be taught by full-time faculty of the parent institution.</text> </paragraph> <paragraph num="D."> <text>Faculty members who engage in instruction shall be able to communicate effectively in both written and spoken English.</text> </paragraph> <paragraph num="E."> <text>Institutional Waiver of Definition of Full-Time Faculty.</text> <paragraph num="(1)"> <text>An out-of-State institution may apply to the Commission for a waiver from the definition of “full-time faculty member” found in Regulation .03B of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>In order to obtain a waiver, an institution shall demonstrate that the unique role, scope, and mission of the institution require a waiver in order for the institution to operate in Maryland.</text> </paragraph> <paragraph num="(3)"> <text>After making the demonstration required in §E(2) of this regulation, the institution shall:</text> <paragraph num="(a)"> <text>Designate by name the faculty members whose primary responsibility is instruction, scholarship, research, or service who will perform the duties normally required of full-time faculty;</text> </paragraph> <paragraph num="(b)"> <text>Document that designated faculty members substantially participate in the development or implementation of one or more of the following activities at the institution requesting the waiver:</text> <paragraph num="(i)"> <text>Academic programs,</text> </paragraph> <paragraph num="(ii)"> <text>Professional programs,</text> </paragraph> <paragraph num="(iii)"> <text>Research programs,</text> </paragraph> <paragraph num="(iv)"> <text>Service programs,</text> </paragraph> <paragraph num="(v)"> <text>Admission or admission policies,</text> </paragraph> <paragraph num="(vi)"> <text>Academic advising,</text> </paragraph> <paragraph num="(vii)"> <text>Faculty appointments, or</text> </paragraph> <paragraph num="(viii)"> <text>Institutional governance;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Document that the designated faculty shall, as a group, participate in all of the activities listed in §D(3)(b) of this regulation; and</text> </paragraph> <paragraph num="(d)"> <text>Document that the designated faculty shall perform the requirements of full-time faculty under §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Documentation includes, but is not limited to the following:</text> <paragraph num="(a)"> <text>Minutes of meetings;</text> </paragraph> <paragraph num="(b)"> <text>Contractual obligations; or</text> </paragraph> <paragraph num="(c)"> <text>Job descriptions.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The request for a waiver shall be placed on the agenda of a regularly scheduled public meeting of the Education Policy Committee. The Chairman of the Education Policy Committee shall present the Committee's finding to the Commission at its next regularly scheduled public meeting. The decision of the Commission is considered final and not subject to further review.</text> </paragraph> <paragraph num="(6)"> <text>If the Commission is satisfied that an institution meets the requirements of this section, it may grant a waiver to the institution on such terms and conditions, including time limitations, as the Commission considers appropriate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Library Resources."> <paragraph num="A."> <text>An out-of-State institution offering programs or courses, or both, in Maryland, shall provide adequate and appropriate library resources within State boundaries and within reasonable distance of the instructional site. Usage statistics shall be kept to determine to what extent these resources are available and accessible.</text> </paragraph> <paragraph num="B."> <text>Waiver.</text> <paragraph num="(1)"> <text>In extraordinary circumstances, an out-of-State institution may request a waiver of the requirements of §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The request for a waiver shall be placed on the agenda of a regularly scheduled public meeting of the Education Policy Committee. The Chairman of the Education Policy Committee shall present the Committee's findings to the Commission at its next regularly scheduled public meeting. The decision of the Commission is considered final and not subject to further review.</text> </paragraph> <paragraph num="(3)"> <text>A waiver may be granted if the waiver is justified by:</text> <paragraph num="(a)"> <text>The specialized or technical nature of the institution's curriculum; or</text> </paragraph> <paragraph num="(b)"> <text>An executed contract or contracts with another library or libraries ensuring students adequate access to another appropriate collection either through location or through information technology.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>In determining the adequacy of the library collection of an existing institution, the Secretary shall consider relevant guidelines of professional associations and library associations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Student Services and Activities."> <paragraph num="A."> <text>Student services and activities shall realistically reflect the stated objectives, purposes, and philosophy of the out-of-State institution. The needs and welfare of students shall be of primary concern if there is to be motivation toward worthwhile academic achievement. Student policies shall encourage associations among students, faculty, and the administration, and shall provide opportunities for the development of individual potential.</text> </paragraph> <paragraph num="B."> <text>An out-of-State institution shall ensure that all students have access to a well developed program of counseling, testing, advisement, orientation, financial aid, career development, and placement. The institution may determine the specific organization of services, as well as the resources and staffing provided, as long as provision for the services noted in this section are made.</text> </paragraph> <paragraph num="C."> <text>Student activities that complement the instructional program are particularly encouraged. An out-of-State institution should establish student government organizations that are representative and provide a responsible forum for student views as well as a vehicle for student input into institutional decision making. While participation in varsity athletics, student organizations, and student governance is a valuable adjunct to the instructional program, these activities are not part of the instructional program itself, and the institution may not award academic credit for participation in these activities.</text> </paragraph> <paragraph num="D."> <text>An out-of-State institution shall keep complete and accurate records of admission, enrollment, grades, scholarships, transfers of credits, transcripts, graduates, and other essentials in accordance with standard practice.</text> </paragraph> <paragraph num="E."> <text>An out-of-State institution shall:</text> <paragraph num="(1)"> <text>Maintain student records in accordance with acceptable national standards regarding institutions of higher education;</text> </paragraph> <paragraph num="(2)"> <text>Ensure the physical security and confidentiality of student records, and store physical records in fire-proof cabinets;</text> </paragraph> <paragraph num="(3)"> <text>Have adequate security to prevent loss of records maintained in electronic systems; and</text> </paragraph> <paragraph num="(4)"> <text>Have a document security plan appropriate to its record-keeping system.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An out-of-State institution shall develop a statement of the rights, privileges, and responsibilities of students, and make this statement available to students through the catalog, student handbook, or other appropriate means.</text> </paragraph> <paragraph num="G."> <text>An out-of-State institution shall adhere to published student grievance procedures which assure a fair and timely review of student complaints.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Facilities."> <paragraph num="A."> <text>Because the effective operation of an institution depends largely upon the physical atmosphere of the surroundings, the cleanliness, state of repair, and attractive appearance of the out-of-State institution's grounds and buildings shall provide an adequate and effective educational environment.</text> </paragraph> <paragraph num="B."> <text>An out-of-State institution shall provide safe, accessible, functional, and appropriately maintained facilities.</text> </paragraph> <paragraph num="C."> <text>Facilities shall meet applicable federal, State, and local fire, safety, and health standards.</text> </paragraph> <paragraph num="D."> <text>An out-of-State institution shall have a schedule for cleaning, repair, and maintenance of buildings and grounds.</text> </paragraph> <paragraph num="E."> <text>An out-of-State institution shall appropriately assign specific responsibilities for care of grounds, campus security, traffic safety and control, fire protection, utilities, and plant upkeep.</text> </paragraph> <paragraph num="F."> <text>An out-of-State institution shall appropriately assign specific responsibilities for storage, handling, and disposal of dangerous and toxic materials.</text> </paragraph> <paragraph num="G."> <text>An out-of-State institution shall provide laboratory and classroom space appropriate to its curriculum.</text> </paragraph> <paragraph num="H."> <text>An out-of-State institution shall provide office space and conference space to full-time and part-time faculty and administrators.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Catalog and Official Publications."> <paragraph num="A."> <text>General Requirements.</text> <paragraph num="(1)"> <text>An out-of-State institution shall publish in print or electronically on a regular and continuing basis an official catalog or other official publication that describes the institution and its program and course offerings, relative to its operations in Maryland, accurately and completely.</text> </paragraph> <paragraph num="(2)"> <text>The catalog is the official document of the institution.</text> </paragraph> <paragraph num="(3)"> <text>The catalog and other publications of the institution shall present accurate, up-to-date information about the administration and operation of the institution.</text> </paragraph> <paragraph num="(4)"> <text>The institution shall make the catalog available to all students before the beginning of the period of instruction covered by the catalog and during that period of instruction.</text> </paragraph> <paragraph num="(5)"> <text>An institution shall ensure that all publications containing information normally included in the catalog are consistent with the catalog.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The catalog or other appropriate publications shall contain, at a minimum, the following information:</text> <paragraph num="(1)"> <text>The date of publication;</text> </paragraph> <paragraph num="(2)"> <text>The current academic calendar;</text> </paragraph> <paragraph num="(3)"> <text>A comprehensive table of contents and appropriate indices;</text> </paragraph> <paragraph num="(4)"> <text>A statement of the origin and the objectives of the institution;</text> </paragraph> <paragraph num="(5)"> <text>The roster of the official governing board;</text> </paragraph> <paragraph num="(6)"> <text>The entrance requirements, academic regulations, support services, graduation requirements, and general procedures;</text> </paragraph> <paragraph num="(7)"> <text>The financial policies of the institution, including all costs, schedule of payments, and refunds of all types of charges for academic and other services;</text> </paragraph> <paragraph num="(8)"> <text>A detailed description of all types of financial assistance available from the institution, including private, State, and federal programs;</text> </paragraph> <paragraph num="(9)"> <text>A description of each course and each program and its prerequisites, if applicable, to be offered during the year or years for which the catalog is issued;</text> </paragraph> <paragraph num="(10)"> <text>A clear indication if a particular course is not offered regularly;</text> </paragraph> <paragraph num="(11)"> <text>A statement of student rights and responsibilities, including:</text> <paragraph num="(a)"> <text>A student grievance procedure;</text> </paragraph> <paragraph num="(b)"> <text>Constraints on students, such as automobiles, parking, and parietal rules, including rules for the maintenance of order on campus and in other facilities under the institution's control; and</text> </paragraph> <paragraph num="(c)"> <text>A contact office for the resolution of complaints; and</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>A statement of nondiscrimination, student privacy legislation, and provisions for barrier-free access to the handicapped in accordance with State and federal regulations, if applicable.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Statements and policies contained in official publications shall be in accordance with State and federal law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Instruction Delivered by Distance Education."> <text>An out-of-State institution operating in Maryland and delivering instruction in Maryland by distance education shall provide evidence to the Secretary of compliance with the C-RAC guidelines.</text> </regulation> <regulation prefix="Regulation" num=".22" heading="Out-of-State Institutions Operating at a Regional Higher Education Center or in a Community College Facility."> <paragraph num="A."> <text>The governing body of a regional higher education center may submit to the Commission a request for proposals for the offering of a baccalaureate degree program at a center in accordance with §C of this regulation.</text> </paragraph> <paragraph num="B."> <text>A board of trustees of a community college may submit to the Commission a request for proposals for the offering of a baccalaureate degree program not currently offered in the region in accordance with §C of this regulation.</text> </paragraph> <paragraph num="C."> <text>Before submitting a request for proposals to the Commission, a regional higher education center or a community college shall:</text> <paragraph num="(1)"> <text>Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region;</text> </paragraph> <paragraph num="(2)"> <text>Determine the regional or Statewide need for graduates of each program for which a request for proposals is submitted;</text> </paragraph> <paragraph num="(3)"> <text>Identify the enrollment patterns, special characteristics of students, and other unique circumstances that would require a program to be offered in a particular manner; and</text> </paragraph> <paragraph num="(4)"> <text>Determine that the degree program is necessary to meet the academic and economic development needs of the region or State.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon receiving a request for proposals for the offering of a baccalaureate degree program from the governing body of a regional higher education center or board of trustees of a community college, the Commission shall circulate that request to the public and nonpublic senior higher education institutions in the State within 30 days of having received the request.</text> </paragraph> <paragraph num="E."> <text>In consultation with the Commission, the governing body of the regional higher education center or board of trustees of the community college making the request may accept or reject a proposal for offering a baccalaureate degree program submitted by a public or nonpublic senior higher education institution in accordance with §D of this regulation.</text> </paragraph> <paragraph num="F."> <text>If none of the public and nonpublic senior higher education institutions in the State submits an acceptable response to the request for proposals circulated by the Commission within a 30-day period, the governing body of the regional higher education center or board of trustees of the community college making the request may submit the request for proposals to one or more out-of-State senior higher education institutions.</text> </paragraph> <paragraph num="G."> <text>Before offering the degree program that is the subject of the request for proposals, an out-of-State senior higher education institution shall seek the approval of the Commission under Education Article, Title 11, Annotated Code of Maryland, and the procedures in Regulation .04 of this chapter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§10-212, 11-105, 11-201—11-207, and 16-108, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 27, 1979 (6:15 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13.50.02 to 13B.02.01</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed and new Regulations .01—.21 adopted effective January 12, 1998 (25:1 Md. R. 16)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 23, 2003 (30:12 Md. R. 790); December 22, 2003 (30:25 Md. R. 1850); December 31, 2007 (34:26 Md. R. 2263)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21A amended effective December 22, 2003 (30:25 Md. R. 1850)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 adopted effective December 31, 2007 (34:26 Md. R. 2263)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 20, 2009 (36:8 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E adopted effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 24, 2014 (41:23 Md. R. 1375); December 21, 2015 (42:25 Md. R. 1545); May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective November 24, 2014 (41:23 Md. R. 1375)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07F amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07-1 adopted effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective October 13, 2025 (52:20 Md. R. 1002)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective May 7, 2018 (45:9 Md. R. 462)</annotation> </annotations> </chapter> <chapter num="02" heading="Minimum Requirements for In-State Degree-Granting Institutions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>This chapter implements the provisions of Education Article, §§11-201—11-204, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The purpose of this chapter is to require that in-State institutions:</text> <paragraph num="(1)"> <text>Maintain intellectual and academic integrity;</text> </paragraph> <paragraph num="(2)"> <text>Have adequate financial resources and be operated in accordance with acceptable principles of sound financial management;</text> </paragraph> <paragraph num="(3)"> <text>Have a clearly defined mission, with goals and objectives consistent with the purposes of higher education;</text> </paragraph> <paragraph num="(4)"> <text>Consistently maintain a faculty, a program of instruction, physical facilities, and resources adequate to the:</text> <paragraph num="(a)"> <text>Satisfactory realization of its mission and goals, and</text> </paragraph> <paragraph num="(b)"> <text>Attainment of educational quality;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Admit, retain, and graduate only those students who meet quantitatively and qualitatively creditable standards of achievement appropriate to the institution;</text> </paragraph> <paragraph num="(6)"> <text>Issue announcements that accurately portray to the public the purposes and practices of the institution;</text> </paragraph> <paragraph num="(7)"> <text>Provide appropriate student services; and</text> </paragraph> <paragraph num="(8)"> <text>Operate under an effective administrative structure.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An in-State institution shall maintain a broad and firm foundation of general education supportive of and complementary to specialized areas of knowledge. The depth and breadth of the general education component are of paramount significance in providing students with the intellectual tools necessary to deal effectively with personal, social, and political issues.</text> </paragraph> <paragraph num="D."> <text>This chapter is to be interpreted to encourage and permit innovations aimed at improving the effectiveness of higher education through the use of new technologies, techniques, and modes of delivery that are consistent with quality education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope and Applicability."> <paragraph num="A."> <text>The requirements in this chapter apply to all in-State institutions that require or seek a certificate of approval to operate, or continue to operate, and grant formal awards within the State. Those private in-State institutions that are exempt under charters granted by the General Assembly, as provided in Education Article, §11-202(c), Annotated Code of Maryland, are covered under §D of this regulation and Regulations .05, .10, .11, and .12 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The requirements in this chapter also apply to existing in-State institutions that are seeking approval to offer a new degree level in Maryland.</text> </paragraph> <paragraph num="C."> <text>The approval granted to an in-State institution to operate and award degrees applies only to the formal awards, instructional programs, and locations designated in the certificate of approval and is not applicable to off-campus programs that are separately authorized by the Commission.</text> </paragraph> <paragraph num="D."> <text>Programs to be reviewed under this authority include:</text> <paragraph num="(1)"> <text>New certificates or degree levels;</text> </paragraph> <paragraph num="(2)"> <text>Off-campus program offerings; and</text> </paragraph> <paragraph num="(3)"> <text>Program suspensions or discontinuances.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Academic Credit.</text> <paragraph num="(a)"> <text>“Academic credit” means the certification of a student's successful completion of a unit of a course of study leading to a formal award granted by an in-State institution approved to offer a collegiate degree, such as an associate or higher degree.</text> </paragraph> <paragraph num="(b)"> <text>“Academic credit” does not include credit that may be awarded for remedial education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Associate degree-granting institution” means an institution that awards a degree at the associate level in two or more instructional programs and does not award a higher degree.</text> </paragraph> <paragraph num="(3)"> <text>“Certificate of advanced study” means a certificate awarded for successful completion of at least 30 semester credit hours of graduate study beyond the master's degree.</text> </paragraph> <paragraph num="(4)"> <text>Classroom Instruction.</text> <paragraph num="(a)"> <text>“Classroom instruction” means live instruction for academic credit that allows immediate interaction between student and instructor, such as lectures, laboratory instruction, seminars, colloquia, interactive instructional television, and, if immediate live feedback is available from an instructor, independent study and computer-aided instruction.</text> </paragraph> <paragraph num="(b)"> <text>“Classroom instruction” does not include instruction through correspondence, non-interactive learning, credit for prior learning, cooperative education activities, practica, internships, externships, apprenticeships, portfolio review, departmental examinations, or challenge examinations.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Closed site” means a business, organization, educational entity, or government site that offers courses solely for its own employees.</text> </paragraph> <paragraph num="(6)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(6-1)"> <text>“C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.</text> </paragraph> <paragraph num="(7)"> <text>“Credit for prior learning” means credit granted toward the award of a certificate or degree for experiential learning that can be shown through various means of assessment to be the equivalent of learning gained through formal collegiate instruction.</text> </paragraph> <paragraph num="(8)"> <text>“Degree-granting institution” means an associate degree-granting institution and an institution granting baccalaureate or higher degrees.</text> </paragraph> <paragraph num="(9)"> <text>“Distance education” means education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor synchronously or asynchronously:</text> <paragraph num="(a)"> <text>Internet;</text> </paragraph> <paragraph num="(b)"> <text>One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;</text> </paragraph> <paragraph num="(c)"> <text>Audio conferencing; and</text> </paragraph> <paragraph num="(d)"> <text>Video cassette, DVDs, and CD-ROMs, if the cassette, DVDs, and CD-ROMs are used in a course in conjunction with a technology listed in §B(9)(a)—(c) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Formal award” means a certificate or degree that is conferred by the faculty and ratified by the in-State institution's governing board in recognition of successful completion of the requirements of a program.</text> </paragraph> <paragraph num="(11)"> <text>“FTE” means full-time equivalent.</text> </paragraph> <paragraph num="(12)"> <text>“Full-time faculty member” means an employee:</text> <paragraph num="(a)"> <text>Whose primary professional responsibility is instruction, research, scholarship, or service;</text> </paragraph> <paragraph num="(b)"> <text>Who performs those functions normally expected of a full-time faculty member at an institution of higher education, including curriculum development, student advising, and institutional service;</text> </paragraph> <paragraph num="(c)"> <text>Who is employed on an annual or renewable contract of at least 9 months length that stipulates an annual salary; and</text> </paragraph> <paragraph num="(d)"> <text>Who is not employed full-time by another employer.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“In-State institution” means a degree-granting institution whose primary campus is in Maryland and whose authority to grant degrees is conferred by Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Institution granting baccalaureate or higher degrees” means an institution that awards a degree at the baccalaureate or graduate level, including:</text> <paragraph num="(a)"> <text>4-year colleges and universities; and</text> </paragraph> <paragraph num="(b)"> <text>Separately incorporated graduate institutions and centers.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Lower division certificate” means a certificate awarded for successful completion of at least 12 semester credit hours at the freshman or sophomore levels, or both.</text> </paragraph> <paragraph num="(16)"> <text>“Major field of study” means that portion of the course work of a program related directly to the academic discipline in which the student is specializing.</text> </paragraph> <paragraph num="(17)"> <text>“New degree” means a degree level not specified in an in-State institution's certificate of approval or authorized by its charter such as an associate level, bachelor's level, master's level, doctoral level, or first professional level.</text> </paragraph> <paragraph num="(18)"> <text>“Non-accredited in-State institution” is an in-State institution that is not accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation.</text> </paragraph> <paragraph num="(19)"> <text>“Off-campus program” means:</text> <paragraph num="(a)"> <text>More than 1/3 of the required course work in a major field of study leading to an undergraduate or graduate degree or graduate certificate offered by an approved or chartered in-State institution at a location other than the principal location of the sponsoring institution during any 12-month period; or</text> </paragraph> <paragraph num="(b)"> <text>Course work offered at a location other than the principal location of an approved or chartered in-State institution that is advertised as leading to an undergraduate or graduate degree or to a graduate certificate at that location, regardless of the portion of a program offered at that location.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>“Off-campus site” means a facility other than the main campus of an approved or chartered in-State institution that:</text> <paragraph num="(a)"> <text>Is not a closed site but is open to the general public;</text> </paragraph> <paragraph num="(b)"> <text>Offers three or more off-campus programs by that institution; and</text> </paragraph> <paragraph num="(c)"> <text>Does not offer substantially all the instruction necessary to offer an undergraduate degree.</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>“Out-of-State institution” means a degree-granting institution whose primary campus is outside of Maryland and whose authority to grant degrees is conferred by another state.</text> </paragraph> <paragraph num="(22)"> <text>“Post-baccalaureate certificate” means a certificate awarded for successful completion of at least 12 semester credit hours at the graduate or upper divisional level, the majority of which are at the master's or specialized postgraduate level.</text> </paragraph> <paragraph num="(23)"> <text>“Post-master's certificate” means a certificate awarded for successful completion of at least 12 semester credit hours of graduate study beyond the master's degree.</text> </paragraph> <paragraph num="(24)"> <text>“Program” means a structured and coherent course of study with clearly defined objectives and intended student learning outcomes, requiring the completion of a specified number of course credits from among a prescribed group of courses, which leads to the award of a certificate or degree.</text> </paragraph> <paragraph num="(25)"> <text>“Regional higher education center” means a higher education facility in the State that:</text> <paragraph num="(a)"> <text>Includes participation by two or more institutions of higher education in the State;</text> </paragraph> <paragraph num="(b)"> <text>Offers an array of program offerings;</text> </paragraph> <paragraph num="(c)"> <text>Offers multiple degree levels; and</text> </paragraph> <paragraph num="(d)"> <text>Is either affiliated with an institution of higher education or is established by statute.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Remedial education” means a course or series of courses or services, or both, designed to remedy deficiencies in preparation for college-level work, especially in reading, writing, mathematics, and study skills that cannot be applied to credit for a degree or certificate.</text> </paragraph> <paragraph num="(27)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(28)"> <text>“Segment of higher education” means:</text> <paragraph num="(a)"> <text>The University System of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Morgan State University;</text> </paragraph> <paragraph num="(c)"> <text>St. Mary's College of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>The Maryland community colleges;</text> </paragraph> <paragraph num="(e)"> <text>The Maryland Independent College and University Association; and</text> </paragraph> <paragraph num="(f)"> <text>The Maryland Association of Private Colleges and Career Schools.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“Separately incorporated graduate institution or center” means a public or private institution of higher education that:</text> <paragraph num="(a)"> <text>Is a separately incorporated entity not owned or operated by an approved college or university offering baccalaureate or higher degrees;</text> </paragraph> <paragraph num="(b)"> <text>Awards the master's, doctoral, or first professional degree in one or more academic disciplines, but does not award the baccalaureate degree; and</text> </paragraph> <paragraph num="(c)"> <text>Offers appropriate courses in support of the academic disciplines.</text> </paragraph> </paragraph> <paragraph num="(30)"> <text>“Upper division certificate” means a certificate awarded for successful completion of at least 12 semester credit hours at the junior or senior levels, or both.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Institutional Titles."> <paragraph num="A."> <text>A person, firm, association, corporation, or other entity may not use the name “college”, “university”, “regional higher education center”, or word of similar import, in such manner as to connote the offering of a postsecondary educational course or program, unless that person, firm, association, or corporation has first met the criteria established by, and obtained a certificate of approval from, the Commission in the manner provided by law.</text> </paragraph> <paragraph num="B."> <text>Change of Institutional Designation.</text> <paragraph num="(1)"> <text>An in-State institution may not change its institutional designation without the approval of the Commission.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall pay a fee of $250 with an application to the Commission to change its institutional designation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An in-State institution shall use a title appropriate to the programs and degrees it offers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Need Criteria."> <paragraph num="A."> <text>Before the Commission may evaluate the readiness of an institution to operate or award new degrees in the State, including the offering of an instructional program or a degree level not previously subject to approval or recommendation or not authorized by an institution's charter, the institution shall present evidence demonstrating the educational need to establish operations, offer programs, and award the degrees in question in the State.</text> </paragraph> <paragraph num="B."> <text>The evidence to be considered shall include:</text> <paragraph num="(1)"> <text>Degree to be awarded;</text> </paragraph> <paragraph num="(2)"> <text>Area of specialization;</text> </paragraph> <paragraph num="(3)"> <text>Purpose or objective of the program or course of study to be offered;</text> </paragraph> <paragraph num="(4)"> <text>Specific academic content of the program or course of study;</text> </paragraph> <paragraph num="(5)"> <text>Quality of the proposed program in comparison to existing programs;</text> </paragraph> <paragraph num="(6)"> <text>Analysis of the market for the program; and</text> </paragraph> <paragraph num="(7)"> <text>State's equal educational opportunity obligations under State and federal law.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition, the institution shall demonstrate that the proposed program, for which the institution is making application, meets a critical and compelling regional or Statewide need and is consistent with the Maryland State Plan for Postsecondary Education.</text> </paragraph> <paragraph num="D."> <text>The institution shall clearly state the demand and need for a program, for which the institution is making application, in terms of meeting present and future needs of the region and the State in general. Two kinds of needs may be identified:</text> <paragraph num="(1)"> <text>Societal needs, including the tradition of liberal arts education, which provides immeasurable returns to the State in part by instilling in citizens a capacity for advanced learning and individual and societal benefits regardless of workforce or market demand considerations; and</text> </paragraph> <paragraph num="(2)"> <text>Occupational needs relative to meeting workforce requirements or upgrading vocational or technical skills.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Market Demand Data.</text> <paragraph num="(1)"> <text>The institution shall present data projecting market demand and the availability of openings in the job market to be served by the new program for which the institution is making application. The type of information submitted will vary, depending on the program, but may include workforce and employment projections prepared by the federal and State governments, professional associations, and trade associations.</text> </paragraph> <paragraph num="(2)"> <text>With the exception of programs in the liberal arts, recently collected, existing, or new market surveys shall be used, which clearly provide quantifiable and reliable data from prospective employers on the education and training needs and the anticipated number of vacancies expected over the next 5 years.</text> </paragraph> <paragraph num="(3)"> <text>In assessing demand for a new program for which the institution is making application, an institution shall also present data showing the current and projected supply of prospective graduates in that program area in the State and region.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Institutional Approval Process."> <paragraph num="A."> <text>A prospective in-State institution may not operate, do business, recruit or enroll students, or begin instruction until it obtains approval from the Commission in accordance with this regulation.</text> </paragraph> <paragraph num="B."> <text>An existing associate degree-granting institution seeking approval to offer baccalaureate or higher degrees may not recruit or enroll students, or begin instruction for the proposed new degree program until it obtains approval from the Commission in accordance with this regulation.</text> </paragraph> <paragraph num="C."> <text>An application for institutional approval shall be submitted in two stages in a format prescribed by the Secretary and accompanied by additional information as required. A prospective in-State institution shall complete the two stages before the Commission may grant approval.</text> </paragraph> <paragraph num="D."> <text>A prospective in-State institution shall submit two separate non-refundable application [fee] fees for a Stage One Application and a Stage Two Application in the amount of:</text> <paragraph num="(1)"> <text>$7,500 for up to two degree programs; and</text> </paragraph> <paragraph num="(2)"> <text>An additional $850 for each degree program over two programs.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Application for Approval at Stage One.</text> <paragraph num="(1)"> <text>A prospective in-State institution shall provide a Stage One application to the Secretary that includes the following items in a form and manner prescribed by the Secretary:</text> <paragraph num="(a)"> <text>Evidence of a critical and compelling regional or Statewide need and demand for specific academic degree programs in a specific geographic region of the State in accordance with Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Evidence of adequate financial resources to establish and maintain an institution of higher education as provided in Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Financial information in a form and manner prescribed by the Secretary to include:</text> <paragraph num="(i)"> <text>For an existing in-State institution, financial statements for each of the past 3 years or fewer, if the institution has operated for fewer than 3 years, or for an institution owned by a parent institution, organization, corporation, or other entity, separate financial statements for the institution and the parent institution, organization, corporation, or entity, and any intermediate subsidiaries; and</text> </paragraph> <paragraph num="(ii)"> <text>For both existing and prospective in-State institutions, a 4-year projection of anticipated income and expenditures that demonstrates that tuition and other sources of income shall be sufficient to provide a sound financial operation and assure diversity of intellectual interest and resources; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>A detailed and accurate description of the prospective in-State institution's proposed programs and operations to include:</text> <paragraph num="(i)"> <text>All degree and certificate programs to be offered by the institution;</text> </paragraph> <paragraph num="(ii)"> <text>A description of the objectives of each degree and certificate program including the modes of instructional delivery;</text> </paragraph> <paragraph num="(iii)"> <text>The specific address, if known, or the geographic location of the institution to include at a minimum the county or city, with the specific address to be provided when known;</text> </paragraph> <paragraph num="(iv)"> <text>A description of the student population to be served;</text> </paragraph> <paragraph num="(v)"> <text>The curriculum for each program to be offered; and</text> </paragraph> <paragraph num="(vi)"> <text>The nature of faculty and resources required to support the degree programs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Elements of the projection under §E(1)(c)(ii) of this regulation shall demonstrate that the institution:</text> <paragraph num="(a)"> <text>Possesses financial resources sufficient to realize its mission;</text> </paragraph> <paragraph num="(b)"> <text>Has a long-range financial plan including income sources in addition to tuition; and</text> </paragraph> <paragraph num="(c)"> <text>Plans its expenditures by budgeting for approved programs and courses in the State.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Additional Information.</text> <paragraph num="(1)"> <text>If the Secretary determines that conditions warrant, the Secretary may require a prospective in-State institution to submit any additional information that the Secretary determines necessary to obtain a Stage One decision.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary may require an independent market analysis performed by a firm or individual whose name appears on a prequalified list approved by the Secretary.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Notice and Period for Comments and Objections.</text> <paragraph num="(1)"> <text>Upon receipt of a completed Stage One proposal, the Secretary shall inform all institutions of higher education and segments of higher education of the proposal.</text> </paragraph> <paragraph num="(2)"> <text>A 30-day period for comments and objections shall be allowed.</text> </paragraph> <paragraph num="(3)"> <text>Any institution of higher education or segment of higher education desiring to raise an objection shall do so during the 30-day comment period.</text> </paragraph> <paragraph num="(4)"> <text>The Secretary shall consider all comments and objections received prior to making the final Stage One decision.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary may not consider an objection raised after the 30-day period.</text> </paragraph> <paragraph num="(6)"> <text>The Secretary may ask the prospective in-State institution for additional information in response to comments and objections received.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Secretary's Decision.</text> <paragraph num="(1)"> <text>If the Secretary determines to approve the Stage One proposal, the Secretary shall make public the Secretary's final decision of approval on the Stage One proposal of the prospective in-State institution at a regularly scheduled meeting of the Commission.</text> </paragraph> <paragraph num="(2)"> <text>After the Secretary has approved the Stage One proposal, the Secretary shall notify the institution that it may proceed to Stage Two.</text> </paragraph> <paragraph num="(3)"> <text>If the Secretary is not satisfied that a prospective in-State institution has met the criteria set forth in §E of this regulation, the Secretary shall issue a notice of deficiencies and deny approval to the institution.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Appeals.</text> <paragraph num="(1)"> <text>Within 20 days of receipt of a notice of deficiencies, the prospective in-State institution may request a hearing before the Commission as provided in Education Article, §11-202(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Within 20 days of the public announcement of an approval, an institution of higher education or segment of higher education that timely objected under §G of this regulation may request a hearing before the Commission.</text> </paragraph> <paragraph num="(3)"> <text>If any party requests a hearing, the hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(4)"> <text>After the hearing provided for in §I(3) of this regulation, the Commission may grant approval for Stage One or deny approval for Stage One.</text> </paragraph> <paragraph num="(5)"> <text>If a timely request for a hearing is not filed, the Secretary's decision becomes final.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Application for Approval at Stage Two.</text> <paragraph num="(1)"> <text>Upon notice from the Secretary that a prospective in-State institution has met the requirements of Stage One, the institution shall provide:</text> <paragraph num="(a)"> <text>Documentation required for Stage Two in a form and manner prescribed by the Secretary;</text> </paragraph> <paragraph num="(b)"> <text>Documentation indicating how the institution shall satisfy Regulations .13—.22 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Evidence that the institution has sufficient insurance or self-insurance to maintain the solvency of the institution in case of loss by fire or other causes, to protect the institution in instances of personal or public liability, and to ensure continuity of the institution;</text> </paragraph> <paragraph num="(d)"> <text>If applicable, the required financial guarantee provided in accordance with Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(e)"> <text>A license to operate as a business entity in the State issued by the State Department of Assessments and Taxation or other appropriate State office.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>On-Site Visit.</text> <paragraph num="(a)"> <text>If the Secretary is satisfied that the documentation submitted by the prospective in-State institution satisfies the requirements of Stage Two, the Secretary shall appoint an evaluation team to conduct an on-site visit to the institution to ensure that the institution complies with the regulations of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>The evaluation team shall be advisory to the Secretary.</text> </paragraph> <paragraph num="(c)"> <text>At least 1 member of the evaluation team shall be affiliated with an out-of-State institution.</text> </paragraph> <paragraph num="(d)"> <text>The appropriate segmental executive or segmental executive's designee shall serve ex-officio as an observer.</text> </paragraph> <paragraph num="(e)"> <text>During the on-site visit, the team shall conduct a detailed review of the institution's programs.</text> </paragraph> <paragraph num="(f)"> <text>The team shall prepare a report to the Secretary on the extent to which the institution is compliant with the regulations of this chapter.</text> </paragraph> <paragraph num="(g)"> <text>The institution shall be responsible for all financial obligations related to the on-site visit.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>Completed Application.</text> <paragraph num="(1)"> <text>An application is complete as of the day on which a prospective in-State institution submits documentation satisfactory to the Secretary that it has completed the application process, including completion of the on-site visit, and evidence of the financial guarantee as provided for in Regulation .07 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If the Secretary has issued neither a certificate of approval nor a written notice of deficiencies within 6 months of the submission of the application, the institution may request a hearing before the Commission to determine whether a certificate of approval shall be issued.</text> </paragraph> <paragraph num="(3)"> <text>The request shall be made within 20 days of the expiration of the 6-month period.</text> </paragraph> <paragraph num="(4)"> <text>The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Secretary's Grant of Approval to Operate.</text> <paragraph num="(1)"> <text>If, based on the evaluation team report and other available information, the Secretary is satisfied that the prospective in-State institution is in compliance with this chapter and the minimum requirements of the chapter are met, the Secretary shall grant approval to operate.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary shall issue a certificate of approval to operate and grant degrees on any condition and for a period of time as may be considered appropriate.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary shall specify in the certificate of approval the degrees, formal awards, instructional programs, and location approved by the Secretary.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Secretary's Denial of Approval to Operate.</text> <paragraph num="(1)"> <text>If the Secretary is not satisfied that a prospective in-State institution is in compliance with this chapter, the Secretary shall issue a notice of deficiencies and deny approval to the institution.</text> </paragraph> <paragraph num="(2)"> <text>Within 20 days of receipt of a notice of deficiencies, the institution denied approval may request a hearing before the Commission as provided in Education Article, §11-202(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(4)"> <text>If the institution requests a hearing, the Commission may refer the hearing to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(5)"> <text>After the hearing provided for in §M(3) of this regulation, the Commission may take the following action:</text> <paragraph num="(a)"> <text>Grant approval to operate;</text> </paragraph> <paragraph num="(b)"> <text>Deny approval to operate; or</text> </paragraph> <paragraph num="(c)"> <text>Remand the case to the Secretary for further action as directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the institution does not file a timely request for a hearing on the notice of deficiencies, the Secretary's recommendation becomes the final action of the Commission.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>A prospective in-State institution that is denied approval for Stage One or a certificate of approval by the Commission after a hearing granted under §I, K, or M of this regulation has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is considered correct and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Post-Approval Review.</text> <paragraph num="(1)"> <text>The Secretary shall appoint an evaluation team to conduct an on-site visit to the in-State institution at the end of an institution's first instructional year to ensure that the institution is in compliance with the requirements of this chapter and any other condition upon which the Commission based the institution's approval to operate.</text> </paragraph> <paragraph num="(2)"> <text>The institution shall be responsible for all financial obligations related to the on-site visit.</text> </paragraph> <paragraph num="(3)"> <text>If, on the basis of available documentation, the Secretary has reason to believe that an institution is not in compliance with this chapter or the terms of the institution's approval, the Secretary may institute the procedures in Regulations .08 and .09 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>The post-approval evaluation team shall serve as the evaluation team for the purposes of Regulation .08 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Financial Guarantee."> <paragraph num="A."> <text>Before considering the initial approval of a public institution granting baccalaureate or higher degrees, the Commission shall receive assurance from the institution's governing board that it will support adequate funding for capital and operating costs of the institution.</text> </paragraph> <paragraph num="B."> <text>Private Institutions Granting Baccalaureate or Higher Degrees.</text> <paragraph num="(1)"> <text>For a private institution granting baccalaureate or higher degrees, the governing board, or the incorporators if the board has not yet been selected, shall provide a surety bond or letter of credit issued by a surety company or banking institution authorized to transact business in Maryland with a credit rating satisfactory to the Commission in an amount:</text> <paragraph num="(a)"> <text>Adequate to provide refunds for students for current tuition and fee liability and to cover the administrative cost associated with the instrument claim; but</text> </paragraph> <paragraph num="(b)"> <text>Not less than $500,000.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The surety bond or letter of credit shall be in place for 6 years.</text> </paragraph> <paragraph num="(3)"> <text>If, during the term of the guarantee, the institution's current tuition and fee liability exceeds the level of the initial guarantee, the required level may be adjusted at the discretion of the Secretary.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Private Associate Degree-Granting Institutions.</text> <paragraph num="(1)"> <text>For a private associate degree-granting institution, the governing board, or the incorporators if the board has not yet been selected, shall provide a surety bond or letter of credit issued by a surety company or banking institution authorized to transact business in Maryland with a credit rating satisfactory to the Commission in an amount:</text> <paragraph num="(a)"> <text>Adequate to provide refunds to students for current tuition and fee liability and to cover the administrative cost associated with the instrument claim; but</text> </paragraph> <paragraph num="(b)"> <text>Not less than $300,000.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The surety bond or letter of credit shall be in place for 4 years.</text> </paragraph> <paragraph num="(3)"> <text>If, during the term of the guarantee, the institution's current tuition and fee liability exceeds the level of the initial guarantee, the required level may be adjusted at the discretion of the Secretary.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If an institution intends to cease or ceases operations, the institution shall use the balance of the financial guarantee with the approval of the Secretary or the Secretary's designee in order to:</text> <paragraph num="(1)"> <text>Conduct an orderly closure of the institution; and</text> </paragraph> <paragraph num="(2)"> <text>Refund tuition monies owed to students.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Maintenance of Authority to Operate."> <paragraph num="A."> <text>An approval granted by the Secretary or the Commission remains in effect in accordance with its terms unless the Secretary or the Commission has limited the approval for a certain period of time in the approval action.</text> </paragraph> <paragraph num="B."> <text>Upon the expiration of an approval issued by the Commission, the Secretary may renew or reaffirm an in-State institution's approval if the Secretary is satisfied that the institution is in continued compliance with relevant approval criteria.</text> </paragraph> <paragraph num="C."> <text>The Secretary shall monitor the continued compliance of approved in-State institutions in accordance with the requirements of this chapter.</text> </paragraph> <paragraph num="D."> <text>To maintain the authority to operate, for-profit in-State institutions, and non-accredited in-State institutions, both for-profit and non-profit, shall annually submit documents to the Commission relevant to the financial and academic health of the institution on a schedule and in a form specified by the Secretary that shall include, but are not limited to, the following:</text> <paragraph num="(1)"> <text>Audited financial statements for the past fiscal year;</text> </paragraph> <paragraph num="(2)"> <text>Financial ratios indicating the relationship of annual expenditures to annual revenues to include a primary reserve ratio, an equity ratio, and a net income ratio;</text> </paragraph> <paragraph num="(3)"> <text>Advertising budget as a percentage of total expenditures;</text> </paragraph> <paragraph num="(4)"> <text>Instructional expenses as a percentage of total expenditures;</text> </paragraph> <paragraph num="(5)"> <text>Reinvestment of gross revenues to support educational purposes and programs;</text> </paragraph> <paragraph num="(6)"> <text>Student recruitment and enrollment trends;</text> </paragraph> <paragraph num="(7)"> <text>An academic profile of entering students;</text> </paragraph> <paragraph num="(8)"> <text>Retention and graduation rates;</text> </paragraph> <paragraph num="(9)"> <text>Student loan default rates and agreements with private lenders;</text> </paragraph> <paragraph num="(10)"> <text>Faculty salaries and benefits;</text> </paragraph> <paragraph num="(11)"> <text>Faculty longevity and turnover data;</text> </paragraph> <paragraph num="(12)"> <text>Curriculum vitae of faculty and administrative staff members;</text> </paragraph> <paragraph num="(13)"> <text>Changes in accreditation status; and</text> </paragraph> <paragraph num="(14)"> <text>Litigation status including any adverse administrative actions.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the Secretary has reason to believe an approved in-State institution is not in compliance with the minimum requirements of this chapter, the Secretary shall inform the institution and request a written response.</text> </paragraph> <paragraph num="F."> <text>The Secretary may appoint an advisory evaluation team in accordance with Regulation .06J(2) of this chapter to make an on-site visit to the in-State institution to determine compliance with the minimum requirements of this chapter.</text> </paragraph> <paragraph num="G."> <text>The advisory evaluation team shall submit an advisory team report to the Secretary on the compliance of the in-State institution with the requirements of this chapter. The Secretary shall provide the institution with a copy of the report. If deficiencies are found, the team report may recommend actions to be taken by the institution being evaluated to correct the deficiencies. Upon receiving the team report, the institution has 20 days to submit to the Secretary a response to the report.</text> </paragraph> <paragraph num="H."> <text>After receiving the team report and the institution's response, the Secretary shall prepare an evaluation report based on all the information available to the Secretary on the compliance of the in-State institution with the requirements of this chapter.</text> </paragraph> <paragraph num="I."> <text>If the Secretary is satisfied that the in-State institution is in compliance with the requirements of this chapter, the Secretary shall reaffirm the institution's approval.</text> </paragraph> <paragraph num="J."> <text>If the Secretary is not satisfied that the in-State institution is in compliance with the requirements of this chapter, the Secretary shall issue a notice of deficiencies in accordance with Regulation .09 of this chapter.</text> </paragraph> <paragraph num="K."> <text>Hearing.</text> <paragraph num="(1)"> <text>If the Secretary has issued neither a reaffirmation nor a notice of deficiencies within 6 months of the Secretary's receipt of the last required written submission from the in-State institution, the institution may request a hearing before the Commission to determine whether a reaffirmation should be given.</text> </paragraph> <paragraph num="(2)"> <text>The request shall be made within 20 days of the expiration of the 6-month period.</text> </paragraph> <paragraph num="(3)"> <text>The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Accreditation.</text> <paragraph num="(1)"> <text>Within 4 years of an in-State institution receiving approval to operate within the State, the institution shall apply for accreditation with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation.</text> </paragraph> <paragraph num="(2)"> <text>Within 8 years of an institution granting baccalaureate or higher degrees or within 6 years of an associate degree-granting institution receiving approval to operate within the State, the institution shall become accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation.</text> </paragraph> <paragraph num="(3)"> <text>Non-accredited in-State institutions approved by the State prior to January 1, 2007, shall apply by December 31, 2012, for accreditation by an organization recognized as an accrediting agency by the U. S. Department of Education to grant institutional accreditation, and shall become accredited by December 31, 2015.</text> </paragraph> <paragraph num="(4)"> <text>Except as provided in §L(5) of this regulation, the Secretary shall withdraw an institution's authority to operate in Maryland if the institution fails to become accredited by an organization recognized as an accrediting agency by the U. S. Department of Education to grant institutional accreditation within the time periods required by §L(1), (2), and (3) of this regulation.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary may extend for a specified period the time required for an institution to obtain accreditation under §L of this regulation.</text> </paragraph> <paragraph num="(6)"> <text>If an institution’s accreditation is terminated, the institution’s authority to operate in Maryland shall cease effective the date that accreditation is terminated, unless the institution continues to be accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Effect of the removal of recognition of an accrediting agency by the U.S. Department of Education (USDOE).</text> <paragraph num="(1)"> <text>If an institution ceases to be accredited by an organization recognized as an accrediting agency by the USDOE because the USDOE terminates its recognition of the accrediting agency, the institution shall inform the Commission of its accreditation status in writing within 7 calendar days of the accrediting agency’s loss of recognition.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §M(3) of this regulation, if an institution ceases to be accredited by an organization recognized as an accrediting agency by the USDOE because the USDOE terminates its recognition of the accrediting agency, the institution’s authority to operate in Maryland shall cease effective the date that the USDOE terminates its recognition of the accrediting agency, unless the institution continues to be accredited by an organization recognized as an accrediting agency by the USDOE to grant institutional accreditation.</text> </paragraph> <paragraph num="(3)"> <text>If an institution ceases to be accredited by an organization recognized as an accrediting agency by the USDOE because the USDOE terminates its recognition of the accrediting agency, and the institution is not accredited by another organization recognized as an accrediting agency by the USDOE to grant institutional accreditation, the Secretary may grant the institution a temporary approval to operate, and impose terms and conditions as the Secretary deems appropriate, provided that:</text> <paragraph num="(a)"> <text>Within 60 days of the accreditation agency’s loss of recognition or the effective date of this regulation, whichever occurs later, the institution shall apply for accreditation from an organization recognized as an accrediting agency by the USDOE, and shall inform the Commission of the new accrediting agency and the institution’s application status; and</text> </paragraph> <paragraph num="(b)"> <text>Within 4 years of the accreditation agency’s loss of recognition, the institution shall become accredited by an organization recognized as an accrediting agency by the USDOE to grant institutional accreditation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Withdrawal of Approval.</text> <paragraph num="(a)"> <text>Except as provided in §M(4)(b) of this regulation, the Secretary shall withdraw an institution’s authority to operate in Maryland if the institution fails to meet the time periods required by §M(3) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary may, upon conditions that the Secretary deems appropriate, extend for a specified period the time requirements under §M(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The provisions of §M of this regulation apply to a decision by the USDOE, effective on or after July 1, 2016, to withdraw an accrediting agency’s recognition.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Withdrawal of Approval and Other Sanctions."> <paragraph num="A."> <text>If, on the basis of available documentation, the Secretary believes that an in-State institution does not meet the conditions or standards on which its certificate of approval, or any other approval issued by the Commission or Secretary, was based, the Secretary shall give the institution written notice specifying the deficiencies believed to exist.</text> </paragraph> <paragraph num="B."> <text>The written notice shall specify the alleged deficiencies, direct the in-State institution to correct them within a period of not less than 30 days, and recommend appropriate sanctions if the institution fails to correct the deficiencies.</text> </paragraph> <paragraph num="C."> <text>Hearing.</text> <paragraph num="(1)"> <text>If the in-State institution requests a hearing on the notice of deficiencies, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing shall be received by the Commission within 20 days of the institution's receipt of the notice of deficiencies.</text> </paragraph> <paragraph num="(2)"> <text>The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(3)"> <text>Subject to §F of this regulation, action on the notice of deficiencies shall be stayed until a determination after the hearing.</text> </paragraph> <paragraph num="(4)"> <text>Notwithstanding Regulation .11B of this chapter, the Secretary may stay action on any request for approval of a new program by an in-State institution issued a notice of deficiencies, until a determination is made after the hearing.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the in-State institution or suspend or revoke the institution's certificate of approval or any other approval issued by the Commission or Secretary.</text> </paragraph> <paragraph num="E."> <text>In imposing any sanctions under this regulation, the Commission shall consider:</text> <paragraph num="(1)"> <text>The seriousness of the deficiency;</text> </paragraph> <paragraph num="(2)"> <text>The harm caused by the deficiency;</text> </paragraph> <paragraph num="(3)"> <text>The good faith of the in-State institution and any corrective actions taken;</text> </paragraph> <paragraph num="(4)"> <text>Any history of previous deficiencies; and</text> </paragraph> <paragraph num="(5)"> <text>Other pertinent circumstances.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>An in-State institution that is aggrieved by an order of the Secretary or Commission has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is presumed correct, and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Judicial Remedies.</text> <paragraph num="(1)"> <text>The Secretary may seek an injunction or other judicial remedy at any time following written notice of the deficiencies and before the Commission's final decision, if the Secretary determines that the public interest requires enforcement of the provisions of Education Article, Title 11, Annotated Code of Maryland, or any applicable regulations.</text> </paragraph> <paragraph num="(2)"> <text>If a court grants relief before a hearing that was requested on a timely basis, the Commission shall schedule the hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court's order, unless the institution requests a delay. The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="New Degrees."> <paragraph num="A."> <text>If an in-State institution wishes to offer a new degree not previously offered by the institution unless already controlled by Regulation .06 of this chapter, the institution, through its governing board, shall submit a proposal and request the Commission to assess the readiness of the institution to grant the degree in accordance with Commission policies and procedures.</text> </paragraph> <paragraph num="B."> <text>Review.</text> <paragraph num="(1)"> <text>In response to a request for approval of a new degree, the Secretary may appoint a team to make an on-site visit. If appointed, the team's assessment and recommendations shall be presented to the Secretary.</text> </paragraph> <paragraph num="(2)"> <text>The institution is responsible for the costs of the review.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary shall grant full approval to an institution exhibiting the capability to award a new degree.</text> </paragraph> <paragraph num="(4)"> <text>The Secretary may grant conditional approval to an institution demonstrating potential capability to award the degree.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary shall prepare a report for the Commission on the Secretary's action.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Associate Degree-Granting Authority.</text> <paragraph num="(1)"> <text>The Secretary may not grant approval to offer new associate degrees to:</text> <paragraph num="(a)"> <text>A public institution granting baccalaureate or higher degrees; or</text> </paragraph> <paragraph num="(b)"> <text>A private institution granting baccalaureate or higher degrees that does not offer an associate degree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In extraordinary situations, the Secretary may grant approval to offer a new associate degree-level program to a private institution granting baccalaureate or higher degrees that offers associate degrees when that program is justified by the:</text> <paragraph num="(a)"> <text>Institution's mission;</text> </paragraph> <paragraph num="(b)"> <text>Unique nature of the program; and</text> </paragraph> <paragraph num="(c)"> <text>Need for the program.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="New Programs."> <paragraph num="A."> <text>If an in-State institution wishes to offer an instructional program not authorized in the institution's certificate of approval or charter or not previously subject to approval or recommendation of the Commission, the institution shall submit a proposal and a request for approval or recommendation through its governing board to the Commission in accordance with this chapter and policies and procedures specified by the Secretary.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall review and act upon an application for a new program in accordance with the Commission's policies and procedures within 60 days of the date the completed proposal is received by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Off-Campus Instruction."> <paragraph num="A."> <text>In-State institutions may offer credit-bearing course work amounting to less than 1/3 of the required course work of a major field of study leading to a degree or certificate at a location other than that of the sponsoring institution/campus without Commission approval.</text> </paragraph> <paragraph num="B."> <text>Off-Campus Programs.</text> <paragraph num="(1)"> <text>An in-State institution shall obtain the Secretary's approval or recommendation for off-campus programs before students are enrolled.</text> </paragraph> <paragraph num="(2)"> <text>With the exception of public associate-degree granting institutions offering instruction within their primary service area, if an in-State institution wishes to offer off-campus programs during any 12-month period, the institution shall submit a proposal and a request for approval through its governing board to the Commission in accordance with instructions provided by the Secretary. The Secretary shall review and act upon the application for an off-campus program under procedures established by the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When an in-State institution applies for approval of a third off-campus program at a specific proposed off-campus site, the sponsoring institution shall submit to the Secretary a plan for the future development of that site and a request for review and response to that plan in a format provided by the Secretary.</text> </paragraph> <paragraph num="D."> <text>The Secretary shall evaluate the off-campus site under the requirements and procedures established in this chapter and shall approve the off-campus site if it is satisfied that the off-campus site satisfies the minimum requirements in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Organization and Administration."> <paragraph num="A."> <text>A prospective in-State institution shall design its organization to bring together the institution's total resources in an effectively coordinated effort that will accomplish the institution's stated objectives. The institution shall inform all individuals in the organization of their responsibilities and of those of the other principal administrative positions.</text> </paragraph> <paragraph num="B."> <text>The members of the administration and the governing board of the prospective in-State institution shall have a demonstrated history of ethical practice.</text> </paragraph> <paragraph num="C."> <text>A member of the administration or governing board may not have a history of fraudulent practices.</text> </paragraph> <paragraph num="D."> <text>Governing Board.</text> <paragraph num="(1)"> <text>A private institution seeking initial approval shall have a governing board that conforms to the requirements of regulations in existence at the time of the application.</text> </paragraph> <paragraph num="(2)"> <text>Board members shall represent the founders, benefactors, and public, and are responsible for directing the accomplishment of the purposes for which an institution was founded.</text> </paragraph> <paragraph num="(3)"> <text>Board members of higher education institutions are responsible for:</text> <paragraph num="(a)"> <text>Establishing broad policy and long-range planning;</text> </paragraph> <paragraph num="(b)"> <text>Appointing and evaluating the chief executive officer;</text> </paragraph> <paragraph num="(c)"> <text>Developing financial resources and providing oversight of financial management;</text> </paragraph> <paragraph num="(d)"> <text>Playing a major role in the development of external relations; and</text> </paragraph> <paragraph num="(e)"> <text>Maintaining the administrative integrity of the institution.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Board members may not use their positions on the board for personal material gain, with the exception of private institutions.</text> </paragraph> <paragraph num="(5)"> <text>Meetings shall be held at regularly stated times. The institution shall prepare an agenda of the meeting and keep accurate minutes of the meeting on file.</text> </paragraph> <paragraph num="(6)"> <text>The duties, responsibilities, and relationship of the board with the administration, faculty, and other staff members shall be clearly defined in an organizational chart. Decisions shall be made based on consultation with affected parties. The board shall concentrate on broad policy matters and avoid concerning itself with administrative detail.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Chief Executive Officer.</text> <paragraph num="(1)"> <text>Within the organizational structure, the chief executive officer shall delegate responsibilities and authority to the administrative staff and provide for a regular evaluation of the administrative staff. The results of an evaluation are solely for internal institutional purposes.</text> </paragraph> <paragraph num="(2)"> <text>The chief executive officer shall:</text> <paragraph num="(a)"> <text>Be responsible to the board for the entire operation of an institution or of all institutions in a multi-campus or multi-college system;</text> </paragraph> <paragraph num="(b)"> <text>Serve as a liaison between the board and the staff, and be directly responsible for the administration of the policies and procedures as set forth by the board;</text> </paragraph> <paragraph num="(c)"> <text>Provide leadership for the development and operation of all institutional functions;</text> </paragraph> <paragraph num="(d)"> <text>Be committed to the comprehensive purpose of the institution;</text> </paragraph> <paragraph num="(e)"> <text>Ensure the development and use of appropriate procedures of plant maintenance and fiscal management;</text> </paragraph> <paragraph num="(f)"> <text>Maintain a sound administrative structure for the orderly operation of the institution; and</text> </paragraph> <paragraph num="(g)"> <text>Be responsible for communications between the institution and the community served.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Chief Academic Officer.</text> <paragraph num="(1)"> <text>An in-State institution shall have a chief academic officer who is not the chief executive officer. When required by the size and complexity of the institution, the institution may have several academic officers sharing the responsibilities of a chief academic officer.</text> </paragraph> <paragraph num="(2)"> <text>The chief academic officer shall:</text> <paragraph num="(a)"> <text>Be responsible for implementing the educational goals of the institution; and</text> </paragraph> <paragraph num="(b)"> <text>Develop and enforce the academic standards and procedures of the institution.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The chief academic officer shall be qualified by academic training and appropriate experience to fulfill the responsibilities of the position.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Chief Business Officer.</text> <paragraph num="(1)"> <text>An in-State institution shall have a chief business officer who is not the chief executive officer.</text> </paragraph> <paragraph num="(2)"> <text>The chief business officer shall:</text> <paragraph num="(a)"> <text>Manage the business and financial affairs of the institution;</text> </paragraph> <paragraph num="(b)"> <text>Keep the chief executive officer and the board apprised of the institution's financial condition; and</text> </paragraph> <paragraph num="(c)"> <text>Act as financial adviser to the chief executive officer and the board.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The chief business officer shall be qualified by appropriate training and experience to fulfill the responsibilities of the position.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Administrative Staff.</text> <paragraph num="(1)"> <text>The administrative staff shall have an organizational structure that is appropriate to the size and purpose of the in-State institution.</text> </paragraph> <paragraph num="(2)"> <text>An in-State institution shall define and clearly communicate the duties and responsibilities of all employees.</text> </paragraph> <paragraph num="(3)"> <text>The administrative personnel shall furnish effective leadership for institutional development and viability.</text> </paragraph> <paragraph num="(4)"> <text>Administrators shall be qualified by appropriate training and experience to perform their responsibilities.</text> </paragraph> </paragraph> <paragraph num="I."> <text>For private in-State institutions, the Commission shall give prior approval to substantial changes in majority ownership, direct or indirect.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Mission and Goals."> <paragraph num="A."> <text>An in-State institution shall have a statement of mission and goals.</text> </paragraph> <paragraph num="B."> <text>An adequate statement of institutional goals shall incorporate:</text> <paragraph num="(1)"> <text>The institutional identity, to include:</text> <paragraph num="(a)"> <text>A summary of the institution's character and purpose;</text> </paragraph> <paragraph num="(b)"> <text>A designation of the institution's functional emphasis as instruction, research, or public service;</text> </paragraph> <paragraph num="(c)"> <text>The degree levels offered and relative emphasis given to undergraduate and graduate instruction; and</text> </paragraph> <paragraph num="(d)"> <text>The institution's current or proposed Carnegie classification;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The constituencies served by the institution, including:</text> <paragraph num="(a)"> <text>A general description of the student body, including:</text> <paragraph num="(i)"> <text>The geographic origin of students, and</text> </paragraph> <paragraph num="(ii)"> <text>Admission standards and the anticipated academic preparation of entering students;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Relationships with special constituencies such as elementary and secondary schools, government, business, and industry; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The institution's instructional program emphasis.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Publication of Mission and Goals.</text> <paragraph num="(1)"> <text>An in-State institution shall publish a comprehensive statement of its mission that is consistent with Education Article, Annotated Code of Maryland, with the philosophy of the institution's board, and with the Maryland State Plan for Postsecondary Education.</text> </paragraph> <paragraph num="(2)"> <text>The in-State institution shall set forth the statement in §C(1) of this regulation in the institution's catalog.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The institution shall periodically review its mission and goals statement. For public institutions, this statement shall remain consistent with the identification of the role, function, and mission of the institution of higher education and segment of higher education as established in the Commission's Statewide plan, as revised from time to time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Admission."> <paragraph num="A."> <text>Admissions Policy.</text> <paragraph num="(1)"> <text>An in-State institution's admissions policy shall be related to the objectives and resources of the institution, and clearly stated.</text> </paragraph> <paragraph num="(2)"> <text>An in-State institution that maintains an open-door policy shall make adequate provision for placement testing, counseling, and compensatory services.</text> </paragraph> <paragraph num="(3)"> <text>There shall be a demonstrable correlation between admissions policies and educational practices.</text> </paragraph> <paragraph num="(4)"> <text>Because the admissions policy affects all aspects of institutional planning, funding, and staffing, an institution shall carefully plan the admissions policy to determine whether it is serving the needs and interests of its students, or how it could be doing so more effectively.</text> </paragraph> <paragraph num="(5)"> <text>The admissions policy shall be nondiscriminatory, and in compliance with all State and federal laws with regard to nondiscrimination.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Individuals to Be Admitted.</text> <paragraph num="(1)"> <text>A student admitted to an in-State institution shall:</text> <paragraph num="(a)"> <text>Be a graduate of a high school accredited either by its own state department of education or by a regional accrediting association recognized by the United States Department of Education; or</text> </paragraph> <paragraph num="(b)"> <text>Have received a high school equivalency certificate or a high school equivalency diploma.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Notwithstanding §B(1) of this regulation, an institution may admit to college level courses and programs individuals who present evidence, through testing or other means, of the ability to profit from the instruction. In making decisions about the potential of these individuals to complete a course or courses, or programs, the institution may consider previous formal education, equivalency of other learning by examination, and competencies gained through practical experience, maturity, or other appropriate criteria.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In those instances when a student has been admitted under exceptions to existing institutional policies, the in-State institution shall retain an explanation of those exceptions and a record of the student's academic success in collegiate credit-bearing courses.</text> </paragraph> <paragraph num="D."> <text>The receiving institution shall limit the credit earned in or transferred from an associate degree-granting institution to approximately 1/2 the baccalaureate degree program requirement, not to exceed 70 credits. The receiving institution shall limit these transferred credits to the first 2 years of the undergraduate educational experience.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Graduation Requirements."> <paragraph num="A."> <text>Associate Degree.</text> <paragraph num="(1)"> <text>Credit Hour Requirement.</text> <paragraph num="(a)"> <text>An associate degree requires the satisfactory completion of not less than 60 or more than 70 credit hours, representing a planned sequence of learning experiences.</text> </paragraph> <paragraph num="(b)"> <text>Beginning with the Fall 2015 academic year, the standard number of credit hours required for an associate's degree from a public community college is 60 credit hours.</text> </paragraph> <paragraph num="(c)"> <text>The standard number of credit hours required under §A(1)(b) of this regulation does not apply if:</text> <paragraph num="(i)"> <text>The degree program is defined as more than a 2-year associate's degree;</text> </paragraph> <paragraph num="(ii)"> <text>Professional accreditation requires a higher number of credit hours or requires course work that cannot be completed in 60 credit hours; or</text> </paragraph> <paragraph num="(iii)"> <text>Certification requirements result in a need for credit hours in excess of 60.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>In consultation with the Commission, the governing board of a public community college may approve additional exceptions to the credit hour requirements of this subsection.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An in-State institution shall require a minimum average of 2.0 on a 4.0 scale for graduation for both degree and certificate programs.</text> </paragraph> <paragraph num="(3)"> <text>A student shall earn at least 15 credit hours at the institution granting the degree.</text> </paragraph> <paragraph num="(4)"> <text>An institution may not include credit awarded for remedial education towards the credit hours required for graduation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Baccalaureate Degree.</text> <paragraph num="(1)"> <text>Credit Hour Requirement.</text> <paragraph num="(a)"> <text>An in-State institution shall require the satisfactory completion of not less than 120 credit hours, distributed according to the requirements of the curriculum, for a baccalaureate degree.</text> </paragraph> <paragraph num="(b)"> <text>The standard number of credit hours required for a baccalaureate degree from a public senior higher education institution is 120 credit hours.</text> </paragraph> <paragraph num="(c)"> <text>The standard number of credit hours required under §B(1)(b) of this regulation does not apply if:</text> <paragraph num="(i)"> <text>The degree program is defined as a 5-year baccalaureate program;</text> </paragraph> <paragraph num="(ii)"> <text>Professional accreditation requires a higher number of credit hours or requires course work that cannot be completed in 120 credit hours; or</text> </paragraph> <paragraph num="(iii)"> <text>Certification requirements result in a need for credit hours in excess of 120.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>In consultation with the Commission, the governing board of a public senior higher education institution may approve additional exceptions to the credit hour requirements of this subsection.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An institution shall require a minimum average of 2.0 on a 4.0 scale for graduation for both degree and certification programs.</text> </paragraph> <paragraph num="(3)"> <text>A student shall earn at least 30 credit hours, of which at least 15 credit hours are upper divisional credit hours, at the institution awarding the degree.</text> </paragraph> <paragraph num="(4)"> <text>An institution may not include credit awarded for remedial education towards the credit hours required for graduation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An in-State institution shall have appropriate policies concerning students who do not make adequate progress toward a degree or certificate.</text> </paragraph> <paragraph num="D."> <text>A credit hour is an amount of student work defined by an institution that is consistent with commonly accepted practice in postsecondary education and that:</text> <paragraph num="(1)"> <text>Reasonably approximates not less than:</text> <paragraph num="(a)"> <text>One hour of classroom or direct faculty instruction and a minimum of 2 hour of out-of-class student work each week for approximately 15 weeks for one semester or trimester hour of credit, or 10 to 12 weeks for one quarter hour of credit, or the equivalent amount of work over a different period of time; or</text> </paragraph> <paragraph num="(b)"> <text>At least an equivalent amount of work as required in §D(1)(a) of this definition for other academic activities as established by the institution, including laboratory work, internship, practica, studio work and other academic work leading to the award of credit hours; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In determining the amount of work associated with a credit hour, to take into account a variety of delivery methods, measurements of student work, academic calendars, disciplines, and degree levels.</text> </paragraph> </paragraph> <paragraph num="E."> <text>General Education Requirement.</text> <paragraph num="(1)"> <text>An in-State institution shall provide to its students, within the required curriculum for graduation, a general education that is designed to provide the student with the skills and knowledge necessary to:</text> <paragraph num="(a)"> <text>Communicate effectively in oral and written English;</text> </paragraph> <paragraph num="(b)"> <text>Read with comprehension;</text> </paragraph> <paragraph num="(c)"> <text>Reason abstractly and think critically;</text> </paragraph> <paragraph num="(d)"> <text>Understand and interpret numerical data;</text> </paragraph> <paragraph num="(e)"> <text>Understand the scientific method;</text> </paragraph> <paragraph num="(f)"> <text>Recognize and appreciate cultural diversity;</text> </paragraph> <paragraph num="(g)"> <text>Understand the nature and value of the fine and performing arts; and</text> </paragraph> <paragraph num="(h)"> <text>Demonstrate information literacy.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A private institution shall satisfy the general education requirement by:</text> <paragraph num="(a)"> <text>Requiring each associate degree program to include not less than 20 credit hours and that each baccalaureate degree program shall include not less than 40 credit hours of required arts and science core courses, with at least one 3-credit hour course from each of the following five areas:</text> <paragraph num="(i)"> <text>Arts and humanities;</text> </paragraph> <paragraph num="(ii)"> <text>English composition;</text> </paragraph> <paragraph num="(iii)"> <text>Social and behavioral sciences;</text> </paragraph> <paragraph num="(iv)"> <text>Mathematics; and</text> </paragraph> <paragraph num="(v)"> <text>Biological and physical sciences;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>An integrated and structured general education experience required of all students, adopted by the governing board of the institution, which shall be demonstrated to the Commission at the time of initial approval or reaffirmation of approval, to achieve the goals of general education as defined in §E(1) of this regulation; or</text> </paragraph> <paragraph num="(c)"> <text>A process to measure competencies and to award credit in the areas of general education adopted by the governing board of the institution, which shall be demonstrated to the Commission to achieve the goals of general education in accordance with guidelines approved by the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>General education requirements for public institutions are governed by COMAR 13B.06.01.</text> </paragraph> <paragraph num="G."> <text>Credit for Practica, Clinical Experience, Internships, and Cooperative Work Experiences.</text> <paragraph num="(1)"> <text>An in-State institution awarding credit hours for practica, clinical experiences, internships, and cooperative work experiences shall ensure that the credit hours are being awarded for actual academic learning.</text> </paragraph> <paragraph num="(2)"> <text>A student shall demonstrate competence through testing or through other appropriate evaluative measures.</text> </paragraph> <paragraph num="(3)"> <text>An institution granting baccalaureate or higher degrees may not award more than 45 credit hours of the minimum 120 credit hours required for the baccalaureate degree or a proportional amount of a greater number of credit hours for practica, clinical experiences, internships, and cooperative work experiences.</text> </paragraph> <paragraph num="(4)"> <text>An associate degree-granting institution may not award more than 30 credit hours of the minimum 60 credit hours required for the associate degree or a proportional amount of a greater number of credit hours for practica, clinical experiences, internships, and cooperative work experiences.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Credit for Competency-Based Education.</text> <paragraph num="(1)"> <text>An institution may award credit hours for competency-based education, such as credit for prior learning or demonstration of skills and knowledge in specific areas, based on:</text> <paragraph num="(a)"> <text>Successful completion of an acceptable standardized examination such as the College Level Examination Program;</text> </paragraph> <paragraph num="(b)"> <text>An examination developed by the institution;</text> </paragraph> <paragraph num="(c)"> <text>A portfolio assessment; or</text> </paragraph> <paragraph num="(d)"> <text>Another assessment method approved by the Secretary to demonstrate competencies.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An institution that awards credit for competency-based education shall follow nationally accepted standards for the notation of such credit on a student's transcript.</text> </paragraph> <paragraph num="(3)"> <text>Institutional Policy.</text> <paragraph num="(a)"> <text>An institution that awards credit for competency-based education shall submit to the Secretary a written policy that articulates standards for the assessment and awarding of credit hours to students.</text> </paragraph> <paragraph num="(b)"> <text>The institution shall:</text> <paragraph num="(i)"> <text>Develop and approve the policy through appropriate governance channels, including seeking input from students and faculty;</text> </paragraph> <paragraph num="(ii)"> <text>Submit the policy to the Secretary for approval;</text> </paragraph> <paragraph num="(iii)"> <text>Review and update the policy at least every 3 years to ensure that it reflects current practice; and</text> </paragraph> <paragraph num="(iv)"> <text>Resubmit the policy to the Secretary for approval when changes are made.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Secretary shall:</text> <paragraph num="(i)"> <text>Review the institution's policy;</text> </paragraph> <paragraph num="(ii)"> <text>Approve the policy if the Secretary determines that the policy is complete and that all assessment methods will be effective for assessing students' competencies; and</text> </paragraph> <paragraph num="(iii)"> <text>Maintain the written policy on file at the Commission.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>An institution may not implement its policy until it receives the Secretary's written approval.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Faculty of the institution in the appropriate discipline shall conduct each assessment.</text> </paragraph> <paragraph num="(5)"> <text>Maintenance of Copies.</text> <paragraph num="(a)"> <text>An institution shall maintain copies of all examinations, test results, portfolios, portfolio assessment reviews, and other methods approved by the Secretary to assess learning for the award of credit hours for competency-based education.</text> </paragraph> <paragraph num="(b)"> <text>The copies shall be maintained for 1 year after a student graduates or for 5 years after a student was last enrolled, as applicable.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Report to Secretary.</text> <paragraph num="(a)"> <text>Where graduates of an institution earn more than half of the credit hours toward their degree or certificate program through competency-based education, the institution shall submit an annual report to the Secretary.</text> </paragraph> <paragraph num="(b)"> <text>The report shall be:</text> <paragraph num="(i)"> <text>In the form required by the Secretary; and</text> </paragraph> <paragraph num="(ii)"> <text>Submitted by October 1st of each year for the prior academic year.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The report shall detail:</text> <paragraph num="(i)"> <text>The number of degrees and certificates awarded in this manner;</text> </paragraph> <paragraph num="(ii)"> <text>The number of credits for competency-based education granted per degree or certificate awarded; and</text> </paragraph> <paragraph num="(iii)"> <text>The methods used for assessing and awarding credit for competency-based education.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>An in-State institution shall require satisfactory completion of the requirements of a program of studies representing a planned sequence of learning experiences that consists of:</text> <paragraph num="(1)"> <text>At least 12 credit hours at the freshman or sophomore levels, or both, to confer a lower division certificate;</text> </paragraph> <paragraph num="(2)"> <text>At least 12 credit hours at the junior or senior levels, or both, to confer an upper division certificate;</text> </paragraph> <paragraph num="(3)"> <text>At least 12 credit hours at the graduate or upper divisional level, the majority of which are at the master's or specialized postgraduate level, to confer a post-baccalaureate certificate;</text> </paragraph> <paragraph num="(4)"> <text>At least 30 credit hours or the equivalent of graduate-level courses to confer a master's degree;</text> </paragraph> <paragraph num="(5)"> <text>At least 12 credit hours of graduate study or the equivalent beyond the master's degree, to confer a post-master's certificate;</text> </paragraph> <paragraph num="(6)"> <text>At least 30 credit hours of graduate study or the equivalent beyond the master's degree, to confer a certificate of advanced study;</text> </paragraph> <paragraph num="(7)"> <text>At least 2 years of study beyond the master's level, including completion of a thesis or dissertation, to confer a doctoral degree; or</text> </paragraph> <paragraph num="(8)"> <text>All institutional requirements for becoming a practitioner in a field such as law, medicine, dentistry, pharmacy, or theology, to confer a first professional degree.</text> </paragraph> </paragraph> <paragraph num="J."> <text>An in-State institution may award an informal award certifying satisfactory completion of a course or sequence of courses that are either noncredit or less than 12 credit hours.</text> </paragraph> <paragraph num="K."> <text>An in-State institution may not award transfer of course credit hours for courses completed:</text> <paragraph num="(1)"> <text>By correspondence, unless credit for these courses was earned at a college or university accredited by an organization recognized as an accrediting agency by the United States Department of Education to grant institutional accreditation and would be accepted by that institution as credit toward a degree; or</text> </paragraph> <paragraph num="(2)"> <text>In institutions or organizations that are not legally authorized to grant standard college degrees, unless the courses have been evaluated and recommended by the American Council on Education or other nationally recognized bodies, or are a part of an articulation agreement approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="L."> <text>An in-State institution may accept transfer credit hours for courses that are:</text> <paragraph num="(1)"> <text>From another in-State institution approved by the Commission;</text> </paragraph> <paragraph num="(2)"> <text>From an in-State institution that is:</text> <paragraph num="(a)"> <text>Exempted by law from approval by the Commission, and</text> </paragraph> <paragraph num="(b)"> <text>Accredited by an organization recognized as an accrediting agency by the United States Department of Education to grant institutional accreditation;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>From an out-of-State institution that is accredited by an organization recognized as an accrediting agency by the United States Department of Education to grant institutional accreditation; or</text> </paragraph> <paragraph num="(4)"> <text>Part of an articulated agreement with a high school for which course competencies are specified, with copies of the agreement being maintained on file.</text> </paragraph> </paragraph> <paragraph num="M."> <text>COMAR 13B.06.01 governs the transfer of credit hours from public associate degree-granting institutions to public institutions granting baccalaureate or higher degrees.</text> </paragraph> <paragraph num="N."> <text>Second-Degree Students.</text> <paragraph num="(1)"> <text>Students newly enrolling at an in-State institution who are seeking an associate degree or a baccalaureate degree and who hold a baccalaureate degree from a college or university accredited by an organization recognized as an accrediting agency by the United States Department of Education to grant institutional accreditation may be deemed to have satisfied the Maryland general education requirement under §E of this regulation, but not necessarily the total general education requirements of the institution.</text> </paragraph> <paragraph num="(2)"> <text>Students newly enrolling at an in-State institution who are seeking an associate degree and who hold an associate degree from a college or university accredited by an organization recognized as an accrediting agency by the United States Department of Education to grant institutional accreditation may be deemed to have satisfied the Maryland general education requirement for the associate degree under §E of this regulation, but not necessarily the total general education requirements of the institution.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Instruction Delivered by Distance Education. An in-State institution delivering instruction in Maryland by distance education shall provide evidence to the Secretary of compliance with the C-RAC guidelines.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Faculty."> <paragraph num="A."> <text>The faculty employed by an in-State institution shall be competent on the basis of their formal education and professional experience to enable them, through effective instruction and other activities, to achieve the educational objectives of the institution.</text> </paragraph> <paragraph num="B."> <text>A faculty member shall have completed formal studies at an institution accredited by an organization recognized as an accrediting agency by the United States Department of Education to grant institutional accreditation or internationally recognized institution at least through the master's or first professional degree, or its equivalent, in the field in which the faculty member teaches. “Equivalent” means documented outstanding achievement in the arts, music, letters, science, research, business or industry, or public service. A faculty member shall demonstrate successful experience and provide continuing evidence of keeping abreast of developments in the faculty member's field.</text> </paragraph> <paragraph num="C."> <text>The highest educational requirements for faculty members who teach courses of a technical or vocational nature at an associate degree-granting institution shall be compatible with their teaching assignments, with practical experience being given special consideration.</text> </paragraph> <paragraph num="D."> <text>An associate degree-granting institution shall ensure the quality of the general education courses offered by:</text> <paragraph num="(1)"> <text>Assigning a full-time employee, with appropriate credentials, to be responsible for coordinating and supervising the general education offerings;</text> </paragraph> <paragraph num="(2)"> <text>Having a plan for relating the general education requirements to the curriculum offered by the institution; and</text> </paragraph> <paragraph num="(3)"> <text>Ensuring that faculty teaching in the general education courses comply with the requirements set forth for all faculty in this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Faculty members who engage in instruction shall be able to communicate effectively in both written and spoken English.</text> </paragraph> <paragraph num="F."> <text>At least 35 percent of the full-time faculty in colleges offering baccalaureate or higher degrees, and 50 percent of the full-time faculty in universities and in separately incorporated graduate institutions or centers shall hold a terminal degree in the field in which they teach.</text> </paragraph> <paragraph num="G."> <text>At least 50 percent of the total credit hours offered by an institution within a normal academic year of 2 semesters or 3 trimesters, normally September to May, which are creditable toward a formal award, shall be taught by full-time faculty members at the institution.</text> </paragraph> <paragraph num="H."> <text>Full-time faculty members of the parent institution shall teach at least 1/3 of the credit hours offered in an off-campus program.</text> </paragraph> <paragraph num="I."> <text>Institutions Granting Baccalaureate or Higher Degrees.</text> <paragraph num="(1)"> <text>There shall be at least one full-time faculty member with a degree in an appropriate discipline in each degree program, except as provided in §I(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>For degree programs with a collective title involving more than one major discipline and with areas of concentration in unrelated disciplines, such as general studies, interdisciplinary studies, or liberal studies, there shall be at least one full-time faculty member with a degree in an appropriate discipline in each area of concentration.</text> </paragraph> </paragraph> <paragraph num="J."> <text>In programs at an associate degree-granting institution in which 20 or more degrees are granted annually, there shall be at least one full-time faculty member with an appropriate degree in an appropriate discipline.</text> </paragraph> <paragraph num="K."> <text>Institutional Waiver of Definition of Full-Time Faculty.</text> <paragraph num="(1)"> <text>An institution may apply to the Commission for a waiver from the definition of “full-time faculty member” found in Regulation .03B of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>In order to obtain a waiver, an institution shall demonstrate that the unique role, scope, and mission of the institution require a waiver in order for the institution to operate.</text> </paragraph> <paragraph num="(3)"> <text>After making the demonstration required in §K(2) of this regulation, the institution shall:</text> <paragraph num="(a)"> <text>Designate by name the faculty members whose primary responsibility is instruction, scholarship, research, or service who will perform the duties normally required of full-time faculty;</text> </paragraph> <paragraph num="(b)"> <text>Document that designated faculty members substantially participate in the development or implementation of one or more of the following activities at the institution requesting the waiver:</text> <paragraph num="(i)"> <text>Academic programs;</text> </paragraph> <paragraph num="(ii)"> <text>Professional programs;</text> </paragraph> <paragraph num="(iii)"> <text>Research programs;</text> </paragraph> <paragraph num="(iv)"> <text>Service programs;</text> </paragraph> <paragraph num="(v)"> <text>Admission or admission policies;</text> </paragraph> <paragraph num="(vi)"> <text>Academic advising;</text> </paragraph> <paragraph num="(vii)"> <text>Faculty appointments; or</text> </paragraph> <paragraph num="(viii)"> <text>Institutional governance;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Document that the designated faculty shall, as a group, participate in all of the activities listed in §K(3)(b) of this regulation;</text> </paragraph> <paragraph num="(d)"> <text>Document that the designated faculty shall perform the requirements of full-time faculty under §§F, G, and H of this regulation; and</text> </paragraph> <paragraph num="(e)"> <text>Document that full-time faculty members, as defined in Regulation .03B of this chapter, shall fulfill the requirements of §§I and J of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Documentation may include but not be limited to the following:</text> <paragraph num="(a)"> <text>Minutes of meetings;</text> </paragraph> <paragraph num="(b)"> <text>Contractual obligations; or</text> </paragraph> <paragraph num="(c)"> <text>Job descriptions.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The request for a waiver shall be placed on the agenda of a regularly scheduled public meeting of the Education Policy Committee. The Chairman of the Education Policy Committee shall present the Committee's findings to the Commission at its next regularly scheduled public meeting. The decision of the Commission is considered final and not subject to further review.</text> </paragraph> <paragraph num="(6)"> <text>If the Commission is satisfied that an institution meets the requirements of this section, it may grant a waiver to the institution on such terms and conditions, including time limitations, as the Commission considers appropriate.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Part-time faculty shall have appropriate qualifications for their assignment.</text> </paragraph> <paragraph num="M."> <text>Graduate teaching assistants:</text> <paragraph num="(1)"> <text>Shall be students in good standing in a graduate program leading to a degree in the academic discipline that they are assigned to teach, or to a degree in an appropriately related discipline;</text> </paragraph> <paragraph num="(2)"> <text>May only provide classroom instruction in courses at a degree level lower than the one they are pursuing;</text> </paragraph> <paragraph num="(3)"> <text>Teaching a course, shall be supervised by a faculty member of the institution who has ultimate responsibility for the course; and</text> </paragraph> <paragraph num="(4)"> <text>Shall be able to communicate effectively in both written and spoken English.</text> </paragraph> </paragraph> <paragraph num="N."> <text>The in-State institution shall have evidence of a defined nondiscriminatory faculty selection and evaluation process that is systematically planned and executed.</text> </paragraph> <paragraph num="O."> <text>Faculty professional assignments:</text> <paragraph num="(1)"> <text>Shall be based directly on institutional policy;</text> </paragraph> <paragraph num="(2)"> <text>Shall be reasonable and consistent with professional standards; and</text> </paragraph> <paragraph num="(3)"> <text>May not exceed published professional standards of the institution.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Teaching faculty shall schedule and publish office hours for purposes of student advising and counseling.</text> </paragraph> <paragraph num="Q."> <text>Faculty Handbook.</text> <paragraph num="(1)"> <text>An in-State institution shall publish a faculty handbook that encompasses the institution's personnel practices affecting faculty members, as well as other appropriate policies.</text> </paragraph> <paragraph num="(2)"> <text>The faculty handbook shall have accurate and current information.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Library/Learning Resource Center."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>A library/learning resource center shall provide print and nonprint materials, services, media, and related equipment and facilities designed to facilitate and improve learning and to foster inquiry.</text> </paragraph> <paragraph num="(2)"> <text>A library/learning resource center's program and services shall:</text> <paragraph num="(a)"> <text>Be available to students, faculty, and the community as appropriate; and</text> </paragraph> <paragraph num="(b)"> <text>Include functions as the mission and goals of the institution may require.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Collection Adequacy.</text> <paragraph num="(1)"> <text>An in-State institution shall have an accessible library materials collection adequate to support the educational program. The type and variety of books and materials depend upon the nature of the institution, and they shall relate realistically to the institution's educational goals, curricula, size, complexity, or degree level, and the diversity of its teaching, learning, and research requirements.</text> </paragraph> <paragraph num="(2)"> <text>For institutions seeking initial approval, the minimum number of bound volume equivalents (BVEs), as defined by national library associations, required to be accessible on the date when the first students are enrolled is calculated according to the following cumulative formula:</text> </paragraph> <paragraph num="(3)"> <text>Waiver.</text> <paragraph num="(a)"> <text>In extraordinary circumstances, an institution may request a waiver of the minimum collection required by §B(2) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>The request for a waiver shall be placed on the agenda of a regularly scheduled public meeting of the Education Policy Committee. The Chairman of the Education Policy Committee shall present the Committee's findings to the Commission at its next regularly scheduled public meeting. The decision of the Commission is considered final and not subject to further review.</text> </paragraph> <paragraph num="(c)"> <text>A waiver may be granted if the waiver is justified by:</text> <paragraph num="(i)"> <text>The specialized or technical nature of the institution's curriculum; or</text> </paragraph> <paragraph num="(ii)"> <text>An executed contract or contracts with another library or libraries ensuring students adequate access to another appropriate collection either through location or through information technology.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>In determining the adequacy of the library collection of an existing institution, the Secretary shall consider relevant guidelines of professional associations and library associations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Library/learning resource center professionals shall:</text> <paragraph num="(1)"> <text>Be sufficient in number; and</text> </paragraph> <paragraph num="(2)"> <text>Have appropriate professional education to perform the functions required by the institution's mission and goals.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Library/learning resource center professionals shall have faculty status or appropriate administrative professional status.</text> </paragraph> <paragraph num="E."> <text>Faculty and student usage statistics shall be kept to determine to what extent the library/learning resource center's resources are available and accessible. In addition to monitoring activities, the in-State institution shall use these statistics to identify additional resources required to meet the needs of the faculty and students and estimate the strengths of the current resources.</text> </paragraph> <paragraph num="F."> <text>An in-State institution shall include in its operating budget adequate funds to provide library services on its campus and for off-campus instruction.</text> </paragraph> <paragraph num="G."> <text>An in-State institution offering off-campus programs within the State shall provide adequate and appropriate library resources within State boundaries and within reasonable distance of the instructional site. The institution shall keep usage statistics to determine to what extent these resources are available and accessible.</text> </paragraph> <paragraph num="H."> <text>The Secretary shall approve executed contracts providing for library resources to supplement, and not to substitute for, the holdings of the institution's library/learning resource center, if the in-State institution ensures adequacy and accessibility. The institution shall maintain evidence of the extent of student usage of the supplemental resources.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Student Services and Activities."> <paragraph num="A."> <text>Student services and activities shall realistically reflect the stated objectives, purposes, and philosophy of the in-State institution. The needs and welfare of students shall be of primary concern if there is to be motivation toward worthwhile academic achievement. Student policies shall encourage associations among students, faculty, and the administration, and shall provide opportunities for the development of individual potential.</text> </paragraph> <paragraph num="B."> <text>An in-State institution shall ensure that all students have access to a well developed program of counseling, testing, advisement, orientation, financial aid, career development, placement, health services, food dispensing, and a college bookstore. The institution may determine specific organization of services, as well as the resources and staffing provided, as long as provision for the services noted in this section is made.</text> </paragraph> <paragraph num="C."> <text>Student activities that complement the instructional program are particularly encouraged. An in-State institution should establish student government organizations that are representative and provide a responsible forum for student views as well as a vehicle for student input into institutional decision making. While participation in varsity athletics, student organization, and student governance is a valuable adjunct to the instructional program, these activities are not part of the instructional program itself, and the institution may not award academic credit for participation in these activities.</text> </paragraph> <paragraph num="D."> <text>An in-State institution shall keep complete and accurate records of admission, enrollment, grades, scholarships, transfer of credits, transcripts, graduates, and other essentials in accordance with standard practice.</text> </paragraph> <paragraph num="E."> <text>An in-State institution shall:</text> <paragraph num="(1)"> <text>Maintain student records in accordance with acceptable national standards regarding institutions of higher education;</text> </paragraph> <paragraph num="(2)"> <text>Ensure the physical security and confidentiality of student records, and store physical records in fire-proof cabinets;</text> </paragraph> <paragraph num="(3)"> <text>Have adequate security to prevent loss of records maintained in electronic systems; and</text> </paragraph> <paragraph num="(4)"> <text>Have a document security plan appropriate to its record-keeping system.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An in-State institution shall develop a statement of the rights, privileges, and responsibilities of students, and make this statement available to students through the catalog, student handbook, or other appropriate means.</text> </paragraph> <paragraph num="G."> <text>An in-State institution shall adhere to published student grievance procedures that assure a fair and timely review of student complaints.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Facilities."> <paragraph num="A."> <text>Because the effective operation of an in-State institution depends largely upon the physical atmosphere of the surroundings, the cleanliness, state of repair, and attractive appearance of the institution's grounds and buildings shall provide an adequate and effective educational environment.</text> </paragraph> <paragraph num="B."> <text>An in-State institution shall provide safe, accessible, functional, and appropriately maintained facilities.</text> </paragraph> <paragraph num="C."> <text>Facilities shall meet applicable federal, State, and local fire, safety, and health standards.</text> </paragraph> <paragraph num="D."> <text>An in-State institution shall have a schedule for cleaning, repair, and maintenance of buildings and grounds.</text> </paragraph> <paragraph num="E."> <text>An in-State institution shall appropriately assign specific responsibilities for care of grounds, campus security, traffic safety and control, fire protection, utilities, and plant upkeep.</text> </paragraph> <paragraph num="F."> <text>An in-State institution shall appropriately assign specific responsibilities for storage, handling, and disposal of dangerous and toxic materials.</text> </paragraph> <paragraph num="G."> <text>An in-State institution shall provide laboratory and classroom space appropriate to its curriculum.</text> </paragraph> <paragraph num="H."> <text>An in-State institution shall provide office space and conference space to full-time and part-time faculty and administrators.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Finances."> <paragraph num="A."> <text>An in-State institution shall operate in accordance with sound principles of financial management.</text> </paragraph> <paragraph num="B."> <text>An in-State institution shall expend its revenue to provide adequately for instruction, administration, learning resources, student services, maintenance, equipment, and supplies. The institution's expenditures for specific functions shall be consistent with the goals and objectives of the institution.</text> </paragraph> <paragraph num="C."> <text>Annual expenditures of an in-State institution shall be consistent with the annual revenue, financial plan, and other resources of the institution. The institution shall have adequate controls over expenditures in accordance with sound principles of financial management.</text> </paragraph> <paragraph num="D."> <text>An in-State institution shall have appropriate and adequate financial planning to ensure the stability of the institution.</text> </paragraph> <paragraph num="E."> <text>An in-State institution shall maintain its accounts in accordance with recognized national standards regarding institutions of higher education.</text> </paragraph> <paragraph num="F."> <text>An in-State institution shall have a financial management process that includes the following functions:</text> <paragraph num="(1)"> <text>Ascertaining the institution's needs for funds;</text> </paragraph> <paragraph num="(2)"> <text>Generating adequate funds to meet the institution's needs;</text> </paragraph> <paragraph num="(3)"> <text>Using funds in a responsible manner to satisfy the institution's needs;</text> </paragraph> <paragraph num="(4)"> <text>Evaluating whether identified needs have been satisfied in the most efficient and effective manner;</text> </paragraph> <paragraph num="(5)"> <text>Maintaining a certified copy of its annual financial statements; and</text> </paragraph> <paragraph num="(6)"> <text>Providing a copy of the certified annual financial statements to the Commission upon request.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Audits.</text> <paragraph num="(1)"> <text>An in-State institution shall have a financial audit conducted at least every 2 years by an independent certified public accountant or a State legislative auditor, which provides a detailed and accurate picture of the financial status of the institution since the preceding audit.</text> </paragraph> <paragraph num="(2)"> <text>The audit shall be an unqualified audit.</text> </paragraph> <paragraph num="(3)"> <text>In the case of management issues raised by an audit, the latest audit shall indicate resolution of exceptions noted in the previous audit.</text> </paragraph> <paragraph num="(4)"> <text>An institution shall maintain a copy of its certified annual audit.</text> </paragraph> <paragraph num="(5)"> <text>A copy of the certified annual audit shall be made available to the Commission upon request.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Catalog and Official Publications."> <paragraph num="A."> <text>General Requirements.</text> <paragraph num="(1)"> <text>An in-State institution shall publish in print or electronically on a regular and continuing basis an official catalog that describes the institution and its program and course offerings accurately and completely.</text> </paragraph> <paragraph num="(2)"> <text>The catalog is the official document of the institution.</text> </paragraph> <paragraph num="(3)"> <text>The catalog and other publications of the institution shall present accurate, up-to-date information about the administration and operation of the institution.</text> </paragraph> <paragraph num="(4)"> <text>The institution shall make the catalog available to all students before the beginning of the period of instruction covered by the catalog and during that period of instruction.</text> </paragraph> <paragraph num="(5)"> <text>An institution shall ensure that all publications containing information normally included in the catalog are consistent with the catalog.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The catalog or other appropriate publications shall contain, at a minimum, the following information:</text> <paragraph num="(1)"> <text>The date of publication;</text> </paragraph> <paragraph num="(2)"> <text>The current academic calendar;</text> </paragraph> <paragraph num="(3)"> <text>A comprehensive table of contents and appropriate indices;</text> </paragraph> <paragraph num="(4)"> <text>A statement of the origin and the objectives of the institution;</text> </paragraph> <paragraph num="(5)"> <text>The roster of the official governing board;</text> </paragraph> <paragraph num="(6)"> <text>A complete roster of faculty and administrators showing earned degrees and the granting institution;</text> </paragraph> <paragraph num="(7)"> <text>The entrance requirements, academic regulations, support services, graduation requirements, and general procedures;</text> </paragraph> <paragraph num="(8)"> <text>The financial policies of the institution, including all costs, schedule of payments, and refunds of all types of charges for academic and other services;</text> </paragraph> <paragraph num="(9)"> <text>A detailed description of all types of financial assistance available from the institution, including private, State, and federal programs;</text> </paragraph> <paragraph num="(10)"> <text>A description of each course and each program and its prerequisites, if applicable, to be offered during the year or years for which the catalog is issued;</text> </paragraph> <paragraph num="(11)"> <text>A clear indication if a particular course is not offered regularly;</text> </paragraph> <paragraph num="(12)"> <text>A full description of student support services, including:</text> <paragraph num="(a)"> <text>Personal counseling;</text> </paragraph> <paragraph num="(b)"> <text>Academic counseling and advisement;</text> </paragraph> <paragraph num="(c)"> <text>Health services;</text> </paragraph> <paragraph num="(d)"> <text>Services for veterans, disadvantaged individuals, and other special groups;</text> </paragraph> <paragraph num="(e)"> <text>Intercollegiate athletics and recreation;</text> </paragraph> <paragraph num="(f)"> <text>Extracurricular activities;</text> </paragraph> <paragraph num="(g)"> <text>Cooperative work experiences;</text> </paragraph> <paragraph num="(h)"> <text>Student participation in institutional decision making;</text> </paragraph> <paragraph num="(i)"> <text>Alumni activities;</text> </paragraph> <paragraph num="(j)"> <text>Housing;</text> </paragraph> <paragraph num="(k)"> <text>Food services; and</text> </paragraph> <paragraph num="(l)"> <text>Bookstore;</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>A statement of student rights and responsibilities, including:</text> <paragraph num="(a)"> <text>A student grievance procedure;</text> </paragraph> <paragraph num="(b)"> <text>Constraints on students, such as automobiles, parking, and parietal rules, including rules for the maintenance of order on campus and in other facilities under the institution's control; and</text> </paragraph> <paragraph num="(c)"> <text>A contact office for the resolution of complaints;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>A statement of nondiscrimination, student privacy legislation, and provisions for barrier-free access to the handicapped in accordance with State and federal regulations, if applicable; and</text> </paragraph> <paragraph num="(15)"> <text>For public institutions, the Commission's student transfer policies.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Statements and policies contained in official publications shall be in accordance with State and federal law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Tuition Exemption for Foster Care Recipients and Unaccompanied Homeless Youth."> <paragraph num="A."> <text>In this regulation, the following terms have the meaning indicated:</text> <paragraph num="(1)"> <text>Foster Care Recipient.</text> <paragraph num="(a)"> <text>“Foster care recipient” means an individual who was placed in an out-of-home placement by the Maryland Department of Human Services and:</text> <paragraph num="(i)"> <text>Resided in an out-of-home placement in the State at the time the individual graduated from high school or successfully completed a general equivalency development examination (GED); or</text> </paragraph> <paragraph num="(ii)"> <text>Resided in an out-of-home placement in the State on the individual’s 13th birthday and was placed into guardianship or adopted out of an out-of-home placement after the individual’s 13th birthday.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Foster care recipient” includes a younger sibling of an individual described in §A(1)(a) of this regulation if the younger sibling is concurrently placed into guardianship or adopted out of an out-of-home placement by the same guardianship or adoptive family.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Out-of-home placement” has the meaning stated in Family Law Article, §5-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Tuition.</text> <paragraph num="(a)"> <text>“Tuition” means the charges imposed by a public institution of higher education for enrollment at the institution.</text> </paragraph> <paragraph num="(b)"> <text>“Tuition” includes charges for registration and all fees required as a condition of enrollment.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Unaccompanied homeless youth” means a child or youth who:</text> <paragraph num="(a)"> <text>Has had a consistent presence in the State for at least 1 year before enrollment in a public institution of higher education that is documented by school, employment, or other records;</text> </paragraph> <paragraph num="(b)"> <text>Is not in the physical custody of a parent or guardian;</text> </paragraph> <paragraph num="(c)"> <text>Is a homeless child or youth, as defined by the McKinney-Vento Homeless Assistance Act; and</text> </paragraph> <paragraph num="(d)"> <text>Was determined to be a homeless child or youth by:</text> <paragraph num="(i)"> <text>A Maryland local school system homeless liaison, as defined by the McKinney-Vento Homeless Assistance Act;</text> </paragraph> <paragraph num="(ii)"> <text>A director or a designee of the director of a Maryland-based program funded under the Runaway and Homeless Youth Act;</text> </paragraph> <paragraph num="(iii)"> <text>A director or a designee of the director of a Maryland-based program funded under Title IV, Subtitle B of the McKinney-Vento Homeless Assistance Act; or</text> </paragraph> <paragraph num="(iv)"> <text>The financial aid director at the public institution of higher education in which the youth seeks to enroll.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Vocational certificate” means a certification or licensure program offered by a public institution of higher education:</text> <paragraph num="(a)"> <text>Through courses for credit; or</text> </paragraph> <paragraph num="(b)"> <text>Through noncredit courses if the Commission approves the courses for State funding.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>When determining whether a youth is an unaccompanied homeless youth, a financial aid administrator shall verify annually that the youth qualifies as an independent student under the federal College Cost Reduction and Access Act, 20 U.S.C. §1087vv(d)(1)(H).</text> </paragraph> <paragraph num="C."> <text>A foster care recipient or an unaccompanied homeless youth is exempt from paying any tuition at a public institution of higher education, regardless of that foster care recipient’s or unaccompanied homeless youth’s receipt of any scholarship or grant if:</text> <paragraph num="(1)"> <text>The foster care recipient or unaccompanied homeless youth is enrolled at the institution on or before the date that the foster care recipient or unaccompanied homeless youth reaches the age of 25 years;</text> </paragraph> <paragraph num="(2)"> <text>The foster care recipient or unaccompanied homeless youth is enrolled as a candidate for a vocational certificate, an associate’s degree, or a bachelor’s degree; and</text> </paragraph> <paragraph num="(3)"> <text>The foster care recipient or unaccompanied homeless youth has filed for federal and State financial aid by March 1 each year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a foster care recipient or an unaccompanied homeless youth receives a scholarship or grant for postsecondary study and is enrolled before the recipient’s 25th birthday as a candidate for a vocational certificate, an associate’s degree, or bachelor’s degree at a public institution of higher education, the scholarship or grant may not be applied to the tuition for the foster care recipient or unaccompanied homeless youth.</text> </paragraph> <paragraph num="E."> <text>A foster care recipient or an unaccompanied homeless youth who is exempt from tuition under this section continues to be exempt until the earlier of:</text> <paragraph num="(1)"> <text>5 years after first enrolling as a candidate for an associate’s degree or a bachelor’s degree at a public institution of higher education in the State; or</text> </paragraph> <paragraph num="(2)"> <text>The date that the foster care recipient or unaccompanied homeless youth is awarded a bachelor’s degree.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105, 11-201—11-207, and 15-106.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1980 (7:13 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13.50.04 to 13B.02.02</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.14, Minimum Requirements for Degree-Granting 4-Year Colleges and Universities, repealed effective December 14, 1987 (14:25 Md. R. 2661)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16, Minimum Requirements for 4-Year Degree-Granting Institutions, adopted effective December 14, 1987 (14:25 Md. R. 2661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 17, 1989 (16:7 Md. R. 812)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16, Minimum Requirements for 4-Year Degree-Granting Institutions, repealed and Regulations .01—.22, Minimum Requirements for Degree-Granting Institutions, adopted effective April 10, 1995 (22:7 Md. R. 537)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 8, 1999 (26:3 Md. R. 175); September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 23, 1998 (25:6 Md. R. 490)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C, E amended as an emergency provision effective March 6, 1996 (23:7 Md. R. 549)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C, E amended as an emergency provision effective June 30, 1996 (23:15 Md. R. 1084); amended permanently effective October 21, 1996 (23:21 Md. R. 1468)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C, F amended effective March 23, 1998 (25:6 Md. R. 490)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective December 4, 1995 (22:24 Md. R. 1901); February 8, 1999 (26:3 Md. R. 175)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17K amended effective March 23, 1998 (25:6 Md. R. 490)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18B amended effective March 23, 1998 (25:6 Md. R. 490)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 19, 2008 (35:10 Md. R. 973)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 15, 2009 (36:12 Md. R. 838)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective July 26, 2010 (37:15 Md. R. 999); May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08L amended effective March 27, 2017 (44:6 Md. R. 327)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08M adopted effective March 27, 2017 (44:6 Md. R. 327)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective October 28, 2013 (40:21 Md. R. 1780); July 21, 2014 (41:14 Md. R. 798); October 13, 2025 (52:20 Md. R. 1002)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16I amended effective July 26, 2010 (37:15 Md. R. 999)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16O amended effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 adopted effective March 28, 2016 (43:6 Md. R. 410)</annotation> </annotations> </chapter> <chapter num="03" heading="Academic Programs — Degree-Granting Institutions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter sets forth requirements for program development by all institutions of higher education, including public, independent, private for-profit, 2-year, and 4-year institutions.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Area of concentration” means a sequential arrangement of courses within a program that:</text> <paragraph num="(a)"> <text>At the associate’s level is at least 12 semester credit hours, and not greater than 30 semester credit hours;</text> </paragraph> <paragraph num="(b)"> <text>At the bachelor’s level is at least 24 semester credit hours;</text> </paragraph> <paragraph num="(c)"> <text>At the master’s level is at least 12 semester credit hours above the bachelor’s degree; and</text> </paragraph> <paragraph num="(d)"> <text>At the doctoral level is at least 18 semester credit hours above the master’s degree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Articulation agreement” has the meaning stated in COMAR 13B.06.02.02.</text> </paragraph> <paragraph num="(3)"> <text>“Certificate” includes:</text> <paragraph num="(a)"> <text>Lower division certificate;</text> </paragraph> <paragraph num="(b)"> <text>Upper division certificate;</text> </paragraph> <paragraph num="(c)"> <text>Post-baccalaureate certificate;</text> </paragraph> <paragraph num="(d)"> <text>Post-master's certificate;</text> </paragraph> <paragraph num="(e)"> <text>Professional certificate;</text> </paragraph> <paragraph num="(f)"> <text>Certificate of advanced study; and</text> </paragraph> <paragraph num="(g)"> <text>Directed Technology Certificate.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(4-1)"> <text>“C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.</text> </paragraph> <paragraph num="(5)"> <text>“Degree” includes:</text> <paragraph num="(a)"> <text>Associate of Applied Science (A.A.S.);</text> </paragraph> <paragraph num="(b)"> <text>Associate of Arts (A.A.);</text> </paragraph> <paragraph num="(c)"> <text>Associate of Arts in Teaching (A.A.T.);</text> </paragraph> <paragraph num="(d)"> <text>Associate of Fine Arts (A.F.A.);</text> </paragraph> <paragraph num="(e)"> <text>Associate of Science (A.S.);</text> </paragraph> <paragraph num="(f)"> <text>Associate of Science in Engineering (A.S.E.);</text> </paragraph> <paragraph num="(g)"> <text>Bachelor of Arts (B.A.);</text> </paragraph> <paragraph num="(h)"> <text>Bachelor of Fine Arts (B.F.A.);</text> </paragraph> <paragraph num="(i)"> <text>Bachelor of Professional Studies (B.P.S.);</text> </paragraph> <paragraph num="(j)"> <text>Bachelor of Science (B.S.);</text> </paragraph> <paragraph num="(k)"> <text>Bachelor of Technical Studies (B.T.S.);</text> </paragraph> <paragraph num="(l)"> <text>Master’s; and</text> </paragraph> <paragraph num="(m)"> <text>Doctorate.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Distance education” means education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor synchronously or asynchronously:</text> <paragraph num="(a)"> <text>Internet;</text> </paragraph> <paragraph num="(b)"> <text>One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;</text> </paragraph> <paragraph num="(c)"> <text>Audio conferencing; and</text> </paragraph> <paragraph num="(d)"> <text>Video cassette, DVDs, and CD-ROMs, if the cassette, DVDs, and CD-ROMs are used in a course in conjunction with a technology listed in §B(6)(a)—(c) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Distance education course” means a course in which the instructional content is delivered exclusively via distance education, except that requirements for coming to campus for orientation, testing, or academic support services do not exclude a course from being classified as a distance education course.</text> </paragraph> <paragraph num="(8)"> <text>“Distance education program” means a program for which all the required coursework for program completion may be completed by distance education courses.</text> </paragraph> <paragraph num="(9)"> <text>“Formal award” means a certificate or degree granted in recognition of successful completion of the requirements of a program, conferred by the faculty and ratified by an institution's governing board.</text> </paragraph> <paragraph num="(10)"> <text>“Historically black institution (HBI)” means a Maryland public historically black institution, including Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore.</text> </paragraph> <paragraph num="(11)"> <text>“Independent institution” means a private nonprofit institution of higher education.</text> </paragraph> <paragraph num="(12)"> <text>“In-State institution” means an institution of higher education whose primary campus is in Maryland and whose authority to grant degrees is conferred by Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Institution of higher education” means an institution of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at the associate, bachelor’s, or graduate level.</text> </paragraph> <paragraph num="(14)"> <text>“Internship” means a supervised work experience or field placement in a student's program.</text> </paragraph> <paragraph num="(15)"> <text>“Joint degree” means a single degree offered by two or more institutions bearing the name and seal of each in which all cooperating institutions are substantively involved in required course work, faculty exchange, and shared use of facilities.</text> </paragraph> <paragraph num="(16)"> <text>Off-Campus Program.</text> <paragraph num="(a)"> <text>“Off-campus program” means, for institutions other than community colleges:</text> <paragraph num="(i)"> <text>A program in which more than 1/3 of the required course work leading to a bachelor’s degree or a certificate beyond the bachelor's level is offered by an institution at a location other than the principal location of the institution during any 12-month period; or</text> </paragraph> <paragraph num="(ii)"> <text>Course work offered at a location other than the principal location of an institution that is advertised as leading to a degree or a certificate beyond the bachelor's level at that location, regardless of the portion of a program offered at that location.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Off-campus program” means, for community colleges, course work offered outside the community college service area.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>On-campus Education.</text> <paragraph num="(a)"> <text>“On-campus education” means education in which the instruction occurs when the learner or learners and the instructor or instructors are in the same location, synchronously to all students.</text> </paragraph> <paragraph num="(b)"> <text>“On-campus education” may incorporate elements of technology, and may be web-enhanced, e.g., instruction with standard meeting places and times, which include an electronic component to deliver homework assignments or require e-mail exchanges between the instructor and students.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“On-campus program” means a program that is not a distance education program.</text> </paragraph> <paragraph num="(19)"> <text>“Parallel program” means a program at a community college and a program at a public 4-year institution of higher education having comparable objectives.</text> </paragraph> <paragraph num="(20)"> <text>“Primary degree” means a single degree offered by one institution having responsibility for at least 2/3 of the course requirements in which cooperating institutions participate by the appropriate and complementary addition of courses, faculty, and facilities intended to complete the degree requirements of the primary institution.</text> </paragraph> <paragraph num="(21)"> <text>“Private for-profit institution” means a privately owned and operated institution of higher education that is intended to operate as a business.</text> </paragraph> <paragraph num="(22)"> <text>“Program” means a structured and coherent course of study with clearly defined learning objectives and intended student learning outcomes, requiring the completion of a specified number of credit hours from among a prescribed group of courses, leading to the award of a certificate or degree.</text> </paragraph> <paragraph num="(23)"> <text>“Program modality” means:</text> <paragraph num="(a)"> <text>Distance education; or</text> </paragraph> <paragraph num="(b)"> <text>On-campus education.</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Program proposal” means a proposal for a new program or a proposal for a substantial modification of an existing program submitted for review in the form and manner required by the Secretary.</text> </paragraph> <paragraph num="(25)"> <text>“Regional higher education center” or “RHEC” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(26)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(27)"> <text>“Segment” means:</text> <paragraph num="(a)"> <text>The University System of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Morgan State University;</text> </paragraph> <paragraph num="(c)"> <text>St. Mary's College of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>The Maryland Independent College and University Association;</text> </paragraph> <paragraph num="(e)"> <text>The Maryland Association of Private Colleges and Career Schools; and</text> </paragraph> <paragraph num="(f)"> <text>The Maryland Association of Community Colleges.</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>“State Plan” means the document entitled Maryland State Plan for Postsecondary Education.</text> </paragraph> <paragraph num="(29)"> <text>“Undergraduate major” means, varying by degree program and subject area:</text> <paragraph num="(a)"> <text>A minimum of 30 semester credit hours, 1/2 of which must be upper-divisional credit, in one field or in an interdisciplinary or multidisciplinary field; and</text> </paragraph> <paragraph num="(b)"> <text>A coherent, sequential, and integrated program of study-in-depth which is intended to provide:</text> <paragraph num="(i)"> <text>A body of knowledge;</text> </paragraph> <paragraph num="(ii)"> <text>Methods of study; and</text> </paragraph> <paragraph num="(iii)"> <text>Practice appropriate to a subject area.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Program Review Fees."> <paragraph num="A."> <text>Except as provided in §C of this regulation, each institution of higher education shall pay an academic program review fee for each program review action as provided in this regulation.</text> </paragraph> <paragraph num="B."> <text>The following schedule sets forth the fees for academic program review actions.</text> </paragraph> <paragraph num="C."> <text>An institution of higher education requesting a program review action related to a program offered at a regional higher education center is exempt from payment of an academic program review fee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Statutory Authority of the Commission Regarding Academic Program Review, Approval, and Recommendation."> <paragraph num="A."> <text>The Commission shall review program proposals for public institutions, independent institutions, and private for-profit institutions of higher education.</text> </paragraph> <paragraph num="B."> <text>For public institutions, the Commission shall review and approve or disapprove program proposals for:</text> <paragraph num="(1)"> <text>New programs; and</text> </paragraph> <paragraph num="(2)"> <text>Substantial modifications.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For independent institutions and private for-profit institutions, the Commission shall review and recommend or not recommend implementation of program proposals for:</text> <paragraph num="(1)"> <text>New programs; and</text> </paragraph> <paragraph num="(2)"> <text>Substantial modifications.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An institution shall submit a program proposal for a new program to establish:</text> <paragraph num="(1)"> <text>A program leading to a formal award in a subject area in which the award is not presently authorized;</text> </paragraph> <paragraph num="(2)"> <text>A program in a subject area in which a formal award is offered at a different degree level (for example, an institution awards a Bachelor of Science (B.S.) in chemistry and wishes to award a Master of Science (M.S.) in chemistry, or an institution wishes to offer an associate degree in addiction counseling, but currently offers only a lower-division certificate in addiction counseling);</text> </paragraph> <paragraph num="(3)"> <text>A new undergraduate major by combining course work offered in two or more existing programs (for example, an institution wishes to offer a program in biochemistry by permitting students to combine course work offered in its current programs in biology and in chemistry); or</text> </paragraph> <paragraph num="(4)"> <text>A formal award of a different type in a subject matter area in which another formal award at the same level is already offered (for example, an institution awards the Master of Science in Management (M.S.) and wishes to offer a Master of Business Administration (M.B.A.), or an institution awards an Associate of Applied Science (A.A.S.) and wishes to offer an Associate of Arts (A.A.) or Associate of Science (A.S.)).</text> </paragraph> </paragraph> <paragraph num="E."> <text>An institution shall submit a program proposal for a substantial modification to:</text> <paragraph num="(1)"> <text>Change more than 50 percent of an existing program’s course work, unless all of the proposed changes are required by an accreditor, licensing board, or other state or national entity that governs academic program elements required to enter into a particular field or industry;</text> </paragraph> <paragraph num="(2)"> <text>Offer an existing program as an off-campus program or at a regional higher education center; or</text> </paragraph> <paragraph num="(3)"> <text>Establish a new area of concentration within an existing program.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Program Review Process.</text> <paragraph num="(1)"> <text>If the Commission fails to act on a program proposal within 60 days after the submission of the program proposal to the Commission, the program is officially approved without any further action of the Commission.</text> </paragraph> <paragraph num="(2)"> <text>If the Commission disapproves or does not recommend a proposal, the Commission shall provide to the institution's governing board a detailed written explanation of the reasons for the disapproval or non-recommendation under this chapter.</text> </paragraph> <paragraph num="(3)"> <text>After revising a proposal to address the Commission's reasons for disapproval or non-recommendation, the governing body may resubmit the revised proposal to the Commission in accordance with the schedule in Regulation .27 of this chapter, thereby triggering a new 60-day time frame for Commission action.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Implementation of Programs.</text> <paragraph num="(1)"> <text>A public institution may not implement a new program or a substantial modification to an existing program without the prior approval of the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Implementation of Program by Independent Institution.</text> <paragraph num="(a)"> <text>If an independent institution has implemented a new program or a substantial modification to an existing program contrary to the non-recommendation of the Commission that was based on a finding of unreasonable or unnecessary duplication, the Commission may recommend that the General Assembly reduce the institution's appropriation by the amount of aid associated with the full-time equivalent enrollment in that program.</text> </paragraph> <paragraph num="(b)"> <text>The provision in §G(2)(a) of this regulation does not preclude the independent institution from implementing the new program or substantial modification.</text> </paragraph> <paragraph num="(c)"> <text>If the General Assembly reduces program funding, the affected independent institution may apply annually to the Commission for reconsideration of the program review decision.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A private for-profit institution may implement a program notwithstanding the non-recommendation of the Commission.</text> </paragraph> <paragraph num="(4)"> <text>If an independent institution or a private for-profit institution implements a program despite a recommendation from the Commission that the program not be implemented, the institution shall notify both prospective students of the program and enrolled students in the program that the program has not been recommended for implementation by the Commission.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Program Suspension.</text> <paragraph num="(1)"> <text>An institution may temporarily suspend a program and examine its future direction.</text> </paragraph> <paragraph num="(2)"> <text>During a period of program suspension, an institution has the opportunity to:</text> <paragraph num="(a)"> <text>Study its future commitment to a particular field of study; and</text> </paragraph> <paragraph num="(b)"> <text>Determine whether the program should be:</text> <paragraph num="(i)"> <text>Maintained in present form;</text> </paragraph> <paragraph num="(ii)"> <text>Consolidated with other program offerings; or</text> </paragraph> <paragraph num="(iii)"> <text>Discontinued.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The suspension of a program relieves an institution from having to submit a program proposal to the Commission to reactivate a discontinued program.</text> </paragraph> <paragraph num="(4)"> <text>Criteria and Process for Program Suspension.</text> <paragraph num="(a)"> <text>A program may be suspended for a period of time not to exceed 3 years.</text> </paragraph> <paragraph num="(b)"> <text>The catalog and other official publications shall indicate the official status of the program.</text> </paragraph> <paragraph num="(c)"> <text>New students may not be admitted into a program during the period of suspension.</text> </paragraph> <paragraph num="(d)"> <text>Currently enrolled students shall be given the opportunity to satisfy degree requirements.</text> </paragraph> <paragraph num="(e)"> <text>Before suspending a program, the institution shall notify the Secretary in writing.</text> </paragraph> <paragraph num="(f)"> <text>After a 3-year period, the institution shall either discontinue or reactivate the program and notify the Secretary in writing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>The Commission does not review a program proposed for discontinuance by an institution. However, an institution shall provide written notice to the Commission in advance of a program’s discontinuance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-1" heading="Review of Extant Curricular Offerings as an area of Concentration at Community Colleges."> <paragraph num="A."> <text>In this regulation, “sequential arrangement” means an arrangement of approved courses comprising between 12 and 30 semester hours offered by a community college on or before June 30, 2014.</text> </paragraph> <paragraph num="B."> <text>A community college that has publicized a sequential arrangement as an “option” for students may submit a program proposal as provided in §C of this regulation to have the sequential arrangement approved as an area of concentration.</text> </paragraph> <paragraph num="C."> <text>A community college may request that the Commission approve a sequential arrangement as an area of concentration by submitting a proposal that:</text> <paragraph num="(1)"> <text>Provides the area of concentration name;</text> </paragraph> <paragraph num="(2)"> <text>Outlines the curriculum design, including course descriptions, names, and credit hours;</text> </paragraph> <paragraph num="(3)"> <text>Explains the centrality of the proposed area of concentration to the institution’s mission;</text> </paragraph> <paragraph num="(4)"> <text>Identifies when the option first became available; and</text> </paragraph> <paragraph num="(5)"> <text>Identifies with specificity:</text> <paragraph num="(a)"> <text>The educational need for the area of concentration, to include the regional or statewide need as identified in the State Plan; or</text> </paragraph> <paragraph num="(b)"> <text>The transfer and articulation arrangements that the area of concentration will facilitate or support.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Notwithstanding the provisions of regulation 13B.02.03.02-1, the Secretary may establish program review fees for singular and multiple options submitted under this regulation.</text> </paragraph> <paragraph num="E."> <text>A request that a sequential arrangement be approved as an area of concentration must be submitted to the Commission by June 30, 2017.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Delegation of Program Responsibility."> <paragraph num="A."> <text>The Commission has delegated to the Secretary the responsibility and authority to act in its behalf on program proposals for new programs and substantial modifications submitted by institutions of higher education operating in Maryland under Education Article, §§11-206 and 11-206.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Delegation Subject to Conditions and Limitations.</text> <paragraph num="(1)"> <text>The Secretary shall prepare and present a report to the Commission at each meeting summarizing all actions taken since the prior report, and the report may include:</text> <paragraph num="(a)"> <text>The name of the program proposal or articulation agreement;</text> </paragraph> <paragraph num="(b)"> <text>The degree to be offered;</text> </paragraph> <paragraph num="(c)"> <text>The name of the proposing institution;</text> </paragraph> <paragraph num="(d)"> <text>The relationship to institutional and segment role and mission;</text> </paragraph> <paragraph num="(e)"> <text>The relationship to the goals, objectives, and initiatives of the State Plan; and</text> </paragraph> <paragraph num="(f)"> <text>The disposition of the program proposal.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the Secretary approves, disapproves, recommends for, or recommends against a program proposal, the proposing or objecting institutions are entitled, on request, to have the matter reviewed by the Commission in accordance with the Commission's procedures in Regulation .28 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary shall report to the Commission every 2 years on programs experiencing low productivity.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Long-Term Goals."> <text>Four long-term goals, quality, access and choice, accountability, and HBI enhancement, guide the Commission's program approval responsibilities, with each goal having the following focus:</text> <paragraph num="A."> <text>Quality shall focus on the effectiveness of institutional actions, including:</text> <paragraph num="(1)"> <text>The extent to which an institution fulfills its stated mission;</text> </paragraph> <paragraph num="(2)"> <text>The centrality of a proposed program to the institution's approved mission; and</text> </paragraph> <paragraph num="(3)"> <text>The adherence of a proposed program to commonly accepted standards of academic practice as found in Regulation .06 of this chapter;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Access and choice for Maryland citizens to higher education shall focus on the needs of citizens for higher education programs, services, and research, including:</text> <paragraph num="(1)"> <text>Financial assistance;</text> </paragraph> <paragraph num="(2)"> <text>Transferability of credit;</text> </paragraph> <paragraph num="(3)"> <text>Economic development;</text> </paragraph> <paragraph num="(4)"> <text>Equal opportunity concerns; and</text> </paragraph> <paragraph num="(5)"> <text>Expansion of educational opportunities and choices for minority and educationally disadvantaged students at institutions of higher education;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Accountability shall focus on whether there is a comprehensive set of reliable and valid indicators, appropriate to the mission of the institution, which can assess an institution's effectiveness in delivering the proposed program; and</text> </paragraph> <paragraph num="D."> <text>HBI enhancement shall focus on whether the proposed program advances the expansion of mission, program uniqueness, or institutional identity at HBIs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Criteria for Review of a Proposal for a New Program."> <text>A program proposal for a new program shall address the following areas:</text> <paragraph num="A."> <text>Centrality to mission and planning priorities, relationship to the program emphasis as outlined in the mission statements, and an institutional priority for program development;</text> </paragraph> <paragraph num="B."> <text>Critical and compelling regional or Statewide need as identified in the State Plan;</text> </paragraph> <paragraph num="C."> <text>Quantifiable and reliable evidence and documentation of market supply and demand in the region and service area;</text> </paragraph> <paragraph num="D."> <text>Reasonableness of program duplication, if any;</text> </paragraph> <paragraph num="E."> <text>Relevance to the implementation or maintenance of high-demand programs at HBIs;</text> </paragraph> <paragraph num="F."> <text>Relevance to the support of the uniqueness and institutional identities and missions of HBIs;</text> </paragraph> <paragraph num="G."> <text>Adequacy of curriculum design, program modality, and delivery to related learning outcomes, consistent with Regulation .10 of this chapter;</text> </paragraph> <paragraph num="H."> <text>For public institutions, adequacy of articulation and transfer planning, consistent with Regulation .19 of this chapter;</text> </paragraph> <paragraph num="I."> <text>Adequacy of faculty resources, consistent with Regulation .11 of this chapter;</text> </paragraph> <paragraph num="J."> <text>Adequacy of library resources, consistent with Regulation .12 of this chapter;</text> </paragraph> <paragraph num="K."> <text>Adequacy of physical facilities, infrastructure, and instructional equipment, consistent with Regulation .13 of this chapter;</text> </paragraph> <paragraph num="L."> <text>Adequacy of financial resources with documentation, consistent with Regulation .14 of this chapter;</text> </paragraph> <paragraph num="M."> <text>Adequacy of provisions for evaluation of program, consistent with Regulation .15 of this chapter;</text> </paragraph> <paragraph num="N."> <text>Consistency with the Commission's minority student achievement goals;</text> </paragraph> <paragraph num="O."> <text>Relationship to low productivity programs identified by the Commission; and</text> </paragraph> <paragraph num="P."> <text>Adequacy of distance education programs under Regulation .22 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Mission and Planning Priorities."> <paragraph num="A."> <text>A program proposal submitted by an institution that is central to the institution's mission statement is eligible for approval or recommendation for implementation.</text> </paragraph> <paragraph num="B."> <text>A proposed program shall be:</text> <paragraph num="(1)"> <text>Central to the institution’s mission;</text> </paragraph> <paragraph num="(2)"> <text>Related to the program emphasis as outlined in the mission statement;</text> </paragraph> <paragraph num="(3)"> <text>An institutional priority for program development consistent with the institution’s strategic planning process; and</text> </paragraph> <paragraph num="(4)"> <text>Adequately funded for at least the first 5 years of program implementation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An institution shall demonstrate a commitment to:</text> <paragraph num="(1)"> <text>Ongoing administrative, financial, and technical support of a program; and</text> </paragraph> <paragraph num="(2)"> <text>Continuation of the program for a period of time sufficient to allow enrolled students to complete the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Need for the Proposed Program."> <paragraph num="A."> <text>A proposed program shall meet a critical and compelling regional or Statewide need as identified in the State Plan.</text> </paragraph> <paragraph num="B."> <text>A program proposal shall clearly demonstrate demand and need for the program in terms of meeting present and future needs of the region and the State in general. Four kinds of needs may be identified:</text> <paragraph num="(1)"> <text>The need for the advancement and evolution of knowledge;</text> </paragraph> <paragraph num="(2)"> <text>Societal needs, including expanding educational opportunities and choices for minority and educationally disadvantaged students at institutions of higher education;</text> </paragraph> <paragraph num="(3)"> <text>Occupational and professional needs relative to upgrading vocational/ technical skills or meeting job market requirements; and</text> </paragraph> <paragraph num="(4)"> <text>The need to strengthen and expand the capacity of historically black institutions to provide high quality and unique educational programs.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission recognizes and supports the tradition of liberal arts education and the need for programs that offer individual and societal benefits independent of manpower or market demand considerations. These programs provide immeasurable returns to the State in part by instilling in citizens a capacity for advanced learning and an understanding of the fundamentals of civilization.</text> </paragraph> <paragraph num="D."> <text>Market Demand Data.</text> <paragraph num="(1)"> <text>This section does not apply to programs in the liberal arts and sciences.</text> </paragraph> <paragraph num="(2)"> <text>An institution proposing a new program shall present data projecting market demand and the availability of openings in the job market to be served by the new program. The types of information submitted vary, depending on the program, but may include manpower and employment projections prepared by the Maryland Department of Labor, Bureau of Labor Statistics, Census Data, and the Maryland Department of Commerce as well as professional and trade associations.</text> </paragraph> <paragraph num="(3)"> <text>An institution shall conduct market surveys that clearly provide quantifiable and reliable data from prospective employers on the educational and training needs and the anticipated number of vacancies expected over the next 5 years.</text> </paragraph> <paragraph num="(4)"> <text>In assessing demand for a new program, an institution shall also present data showing the current and projected supply of prospective graduates.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Identification of Programs Having Market Demand.</text> <paragraph num="(1)"> <text>The Commission shall identify, on a regular basis, programs that are in market demand in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>For each program identified, the Commission shall also provide an indication of minority participation rates, identifying those programs where minorities are underrepresented.</text> </paragraph> <paragraph num="(3)"> <text>Institutions maintaining a role and mission appropriate and consistent with those fields declared as shortage areas are encouraged to develop specific programs.</text> </paragraph> <paragraph num="(4)"> <text>Proposals submitted in response to a declared shortage area do not need to include additional documentation on market demand and supply data.</text> </paragraph> </paragraph> <paragraph num="F."> <text>As an additional indicator of need, an institution shall clearly detail how program success will be defined and measured, particularly if the definition includes measures in addition to the conferral of a degree or certificate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Duplication of the Proposed Program."> <paragraph num="A."> <text>The elimination of unreasonable program duplication is a high priority. Ordinarily, proposed programs in undergraduate core programs consisting of basic liberal arts and sciences disciplines are not considered unnecessarily duplicative. Unreasonable duplication is a more specific concern in vocational/technical, occupational, graduate, and professional programs which meet special manpower needs. The issue of how a proposed program meets an institution's local and State area needs shall be addressed.</text> </paragraph> <paragraph num="B."> <text>Evidence demonstrating that a proposed program is not duplicative of similar offerings in the State shall be submitted by the institution. At a minimum, this evidence shall be substantiated on the basis that the proposed program to be offered is not unreasonably duplicative of existing programs in a specific geographically proximate location in the State.</text> </paragraph> <paragraph num="C."> <text>Determination of Duplication.</text> <paragraph num="(1)"> <text>In determining whether a program is unreasonably duplicative, the Secretary shall consider:</text> <paragraph num="(a)"> <text>The degree to be awarded;</text> </paragraph> <paragraph num="(b)"> <text>The area of specialization;</text> </paragraph> <paragraph num="(c)"> <text>The purpose or objectives of the program to be offered;</text> </paragraph> <paragraph num="(d)"> <text>The specific academic content of the program;</text> </paragraph> <paragraph num="(e)"> <text>Evidence of equivalent competencies of the proposed program in comparison to existing programs; and</text> </paragraph> <paragraph num="(f)"> <text>An analysis of the market demand for the program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The analysis shall include an examination of factors, including:</text> <paragraph num="(a)"> <text>Role and mission;</text> </paragraph> <paragraph num="(b)"> <text>Accessibility;</text> </paragraph> <paragraph num="(c)"> <text>Alternative means of educational delivery including distance education;</text> </paragraph> <paragraph num="(d)"> <text>Analysis of enrollment characteristics;</text> </paragraph> <paragraph num="(e)"> <text>Residency requirements;</text> </paragraph> <paragraph num="(f)"> <text>Admission requirements; and</text> </paragraph> <paragraph num="(g)"> <text>Educational justification for the dual operation of programs broadly similar to unique or high-demand programs at HBIs.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Adequacy of Curriculum Design, Program Modality, and Related Learning Outcomes."> <paragraph num="A."> <text>A program shall be established and overseen by qualified faculty.</text> </paragraph> <paragraph num="B."> <text>Faculty members in relevant disciplines in collaboration with other appropriate institutional personnel shall participate in the design of courses.</text> </paragraph> <paragraph num="C."> <text>The presence of a structured and coherent program of study with clearly delineated program objectives and intended student learning outcomes shall be evident.</text> </paragraph> <paragraph num="D."> <text>A program shall result in learning outcomes appropriate to the rigor and breadth of the program.</text> </paragraph> <paragraph num="E."> <text>An institution shall provide for assessment of, and shall document, student achievement of learning outcomes in a program.</text> </paragraph> <paragraph num="F."> <text>Required courses in the program may not be excessive and shall be consistent with customary expectations for the type of certificate or degree proposed.</text> </paragraph> <paragraph num="G."> <text>The program modality shall be appropriate to meet a program's objectives.</text> </paragraph> <paragraph num="H."> <text>Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available.</text> </paragraph> <paragraph num="I."> <text>A program shall provide students with clear, complete, and timely information on the curriculum, course and degree requirements, nature of faculty/student interaction, assumptions about technology competence and skills, technical equipment requirements, learning management system, availability of academic support services and financial aid resources, and costs and payment policies.</text> </paragraph> <paragraph num="J."> <text>The general education courses shall be distributed in a manner consistent with COMAR 13B.02.02.16.E and F.</text> </paragraph> <paragraph num="K."> <text>Accreditation Requirements; Conditional Approval.</text> <paragraph num="(1)"> <text>If a professional shall graduate from a program with specialized accreditation, certification, or approval to practice in the State, the program shall meet all appropriate accreditation, certification, or approval standards.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary may grant conditional approval for a program that fails to meet the standards specified in §D(1) of this regulation if the institution begins the process of securing appropriate accreditation, certification, or approval.</text> </paragraph> <paragraph num="(3)"> <text>Except as provided in §D(4) of this regulation, the Secretary’s conditional approval shall be revoked if an institution fails to secure appropriate accreditation, certification, or approval for the program within a time frame consistent with the relevant approval process.</text> </paragraph> <paragraph num="(4)"> <text>The Secretary may extend conditional approval if the institution has made substantial progress in securing appropriate accreditation, certification, or approval for the program.</text> </paragraph> </paragraph> <paragraph num="L."> <text>If an institution contracts for instructional services in the State, to be provided by another institution or a non-collegiate organization, these services shall be based on a written contract that provides for institutional control over the quality of the curriculum, instructional staffing, instructional support services, and the integrity of enrollment policies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Faculty Resources."> <paragraph num="A."> <text>Faculty resources shall be consistent with COMAR 13B.02.02.17 and shall be adequate and appropriate for a proposed program, taking into consideration the institution's mission and the character of the program to be developed.</text> </paragraph> <paragraph num="B."> <text>The minimum educational attainment of the faculty shall be the appropriate degree commensurate with the degree level of the proposed program.</text> </paragraph> <paragraph num="C."> <text>The doctorate is the appropriate terminal degree for bachelor’s and graduate programs, however, the Master of Fine Arts (M.F.A.) or another professional degree may be adequate and appropriate for the proposed program.</text> </paragraph> <paragraph num="D."> <text>If specialized accreditation or State licensure is an expectation, the number of terminal degree holders shall meet the minimum requirements of the appropriate accrediting association or licensing agency.</text> </paragraph> <paragraph num="E."> <text>Programs shall involve credentialed full-time faculty in teaching, program development, and student academic support.</text> </paragraph> <paragraph num="F."> <text>Adjunct and part-time faculty are an important and necessary component of some programs. Except in circumstances to be determined by the Secretary, at least 50 percent of the total semester credit hours within the proposed program shall be taught by full-time faculty.</text> </paragraph> <paragraph num="G."> <text>Adjunct and part-time faculty shall:</text> <paragraph num="(1)"> <text>Possess the same or equivalent qualifications as the full-time faculty of the institution; and</text> </paragraph> <paragraph num="(2)"> <text>Be approved by the academic unit through which the credit is offered.</text> </paragraph> </paragraph> <paragraph num="H."> <text>An institution shall provide ongoing pedagogy training for faculty in evidenced-based best practices, including training in:</text> <paragraph num="(1)"> <text>Pedagogy that meets the needs of the students;</text> </paragraph> <paragraph num="(2)"> <text>The learning management system; and</text> </paragraph> <paragraph num="(3)"> <text>Evidenced-based best practices for distance education, if distance education is offered.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Library Resources."> <paragraph num="A."> <text>Library resources shall be consistent with COMAR 13B.02.02.18 and appropriate to support the proposed program, whether it is to be offered on-site or at an off-campus location.</text> </paragraph> <paragraph num="B."> <text>Appropriate library resources may be achieved through one or more of the following:</text> <paragraph num="(1)"> <text>On-site collections;</text> </paragraph> <paragraph num="(2)"> <text>Interlibrary loans; or</text> </paragraph> <paragraph num="(3)"> <text>Computerized access to holdings in other in-State or out-of-State libraries.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When formal, cooperative arrangements with other institutions are required to ensure students' access to library holdings, these shall be discussed and accompanied by letters of agreement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Physical Facilities and Instructional Equipment."> <paragraph num="A."> <text>For new programs offered at an institution’s principal location, the institution shall ensure that:</text> <paragraph num="(1)"> <text>Physical facilities, infrastructure, and instructional equipment are consistent with COMAR 13B.02.02.20, and adequate to initiate the new program;</text> </paragraph> <paragraph num="(2)"> <text>Spaces are provided for classrooms and for staff and faculty offices; and</text> </paragraph> <paragraph num="(3)"> <text>Laboratories for studies in the technologies and sciences are designed to provide maximum utilization of facilities, materials, and equipment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An institution offering courses off-campus that require laboratory facilities, specialized equipment such as computer terminals and audiovisual aids, or other special resources shall ensure that appropriate facilities and instructional equipment requirements are met.</text> </paragraph> <paragraph num="C."> <text>An institution offering distance education shall ensure that students and faculty have adequate access to:</text> <paragraph num="(1)"> <text>An institutional electronic mailing system; and</text> </paragraph> <paragraph num="(2)"> <text>A learning management system that provides the necessary technological support for distance education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Finances."> <paragraph num="A."> <text>The resource requirements of a program shall be consistent with COMAR 13B.02.02.21, and analyzed by the Commission in order to assess the adequacy of the sources of funds to support a quality program. This analysis shall:</text> <paragraph num="(1)"> <text>Ensure that the program will be efficient in its resource utilization; and</text> </paragraph> <paragraph num="(2)"> <text>Assess the impact of the program on the institution's overall need for funds.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The institution shall complete forms supplied by the Commission concerning resource categories and expenditure categories:</text> <paragraph num="(1)"> <text>In sufficient detail to permit the Secretary to make a judgment on the adequacy of resources; and</text> </paragraph> <paragraph num="(2)"> <text>With narrative explanation accompanying the entries in the tables.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The proposed program shall be supported by at least one of the following sources of funds:</text> <paragraph num="(1)"> <text>Reallocation of existing campus resources, including the discontinuance or downsizing of an existing program or organizational unit;</text> </paragraph> <paragraph num="(2)"> <text>Tuition and fee revenue from students new to the institution enrolling in the new program;</text> </paragraph> <paragraph num="(3)"> <text>Grants and contracts; or</text> </paragraph> <paragraph num="(4)"> <text>Sources, other than those in §C(1), (2), and (3) of this regulation, specifically designated for the program, with backup information and documentation of these resources provided with the proposal.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Adequacy of Provisions for Evaluation of Programs."> <paragraph num="A."> <text>An institution shall set forth instructional supervision and evaluation procedures for each program. These procedures may include evaluation of courses and faculty by students, administrators, and departmental personnel.</text> </paragraph> <paragraph num="B."> <text>Curriculum review procedures established by an institution for its program offerings shall:</text> <paragraph num="(1)"> <text>Include standards and guidelines for the assessment of student outcomes as defined for the program;</text> </paragraph> <paragraph num="(2)"> <text>Be consistent with the institutional mission; and</text> </paragraph> <paragraph num="(3)"> <text>Be specified by the institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An institution shall evaluate a program's educational effectiveness, including assessments of student learning outcomes, student retention, student and faculty satisfaction, and cost-effectiveness.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Minority Student Access."> <text>An institution shall set forth appropriate actions and strategies to recruit and retain underrepresented minority students for each new program consistent with:</text> <paragraph num="A."> <text>Provisions of the State Plan regarding minority student access; and</text> </paragraph> <paragraph num="B."> <text>The institution’s program of cultural diversity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Low Productivity Programs."> <paragraph num="A."> <text>Every 2 years, the Commission shall identify low productivity programs at public institutions.</text> </paragraph> <paragraph num="B."> <text>If an identified low productivity program is directly related to a proposed new program, in its program proposal the institution shall address:</text> <paragraph num="(1)"> <text>The fiscal resources, including faculty, administration, library resources, and general operating expenses, currently devoted to the low productivity program; and</text> </paragraph> <paragraph num="(2)"> <text>How those resources may be redistributed to help fund the proposed new program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Cooperative Programs."> <paragraph num="A."> <text>The Commission encourages institutions to:</text> <paragraph num="(1)"> <text>Explore the opportunities for cooperation with other institutions, within a segment and between segments, offering similar programs; and</text> </paragraph> <paragraph num="(2)"> <text>Document the extent to which cooperative arrangements have been explored.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An institution considering a new program or a substantial modification is encouraged to explore cooperative development of these program initiatives.</text> </paragraph> <paragraph num="C."> <text>The institution shall follow cooperative degree program guidelines developed by the Commission to assist institutions in establishing these programs.</text> </paragraph> <paragraph num="D."> <text>Cooperative programs shall be designated as belonging to one of the degree program categories in this regulation.</text> </paragraph> <paragraph num="E."> <text>Requirements for Joint Degree Programs.</text> <paragraph num="(1)"> <text>Two or more institutions may offer a joint degree program in which the cooperating institutions are substantively involved in required course work, faculty exchange, and shared use of facilities.</text> </paragraph> <paragraph num="(2)"> <text>A student enrolled in a joint degree program shall receive a single diploma that bears the names and seals of all cooperating institutions.</text> </paragraph> <paragraph num="(3)"> <text>The proposed program shall be planned by representatives from each cooperating institution. Identical proposals for each institution shall go through the normal program approval procedures for the institutions and segments, including formal approval and recognition by each governing board.</text> </paragraph> <paragraph num="(4)"> <text>A memorandum of understanding between or among cooperating institutions shall be included when the program proposal is submitted.</text> </paragraph> <paragraph num="(5)"> <text>Each institution is responsible for designating a program director. The program directors shall inform each other as they administer the program, select or assign faculty, set common admissions standards, coordinate curriculum modifications, monitor operations, plan budgets, write grants, and establish joint library purchases.</text> </paragraph> <paragraph num="(6)"> <text>Distribution of course work in the major field of study is based on programmatic requirements and the respective strengths of cooperating institutions. The ideal arrangement approximates an even division of curriculum responsibilities between or among the cooperating institutions. The proposed degree shall be consistent with the institutional mission as it is outlined in the State Plan.</text> </paragraph> <paragraph num="(7)"> <text>An arrangement shall exist for recruiting and admitting students and for administration of student support services in joint degree programs.</text> </paragraph> <paragraph num="(8)"> <text>A mechanism shall exist for monitoring and evaluating programs, with provisions for participation by faculty, students, and administrators from each institution involved.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Requirements for Primary Degree Programs.</text> <paragraph num="(1)"> <text>One or more institutions may offer a primary degree program.</text> </paragraph> <paragraph num="(2)"> <text>The diploma shall be awarded by the primary institution.</text> </paragraph> <paragraph num="(3)"> <text>The program shall be planned by the institution awarding the degree. However, the institution designated as primary assumes responsibility for ensuring the involvement of other institutions of higher education having particular and complementary strengths in the same or similar program area. The program proposal shall show the actual involvement of other institutions of higher education in such areas as course work, faculty, and facilities.</text> </paragraph> <paragraph num="(4)"> <text>A memorandum of understanding between or among cooperating institutions shall be included when the program proposal is submitted.</text> </paragraph> <paragraph num="(5)"> <text>The primary institution shall offer at least 2/3 of the course requirements. The proposed degree shall be consistent with the institutional mission as it is outlined in the State Plan. Other institutions may participate by the appropriate and complementary addition of courses, faculty, and facilities.</text> </paragraph> <paragraph num="(6)"> <text>Students shall be matriculated at the primary institution as degree candidates in accordance with the policies for degree completion requirements at that institution. Advising and other student services shall be provided by the primary institution but this does not preclude appropriate involvement in these areas by the cooperating institution.</text> </paragraph> <paragraph num="(7)"> <text>The primary institution is responsible for all administrative functions associated with the program, including communication and relationships with the cooperating institutions.</text> </paragraph> <paragraph num="(8)"> <text>The primary institution is responsible for the continuing evaluation of the program in accordance with institutional policies. The evaluation process shall provide an opportunity for the involvement of representatives from cooperating institutions, as appropriate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Public Institutions — Transfer and Articulation."> <paragraph num="A."> <text>Prior to Submission.</text> <paragraph num="(1)"> <text>Before submitting a proposal for a new bachelor’s degree program that could affect students transferring from a community college, a public senior higher education institution shall notify all community colleges of the proposed program and proposed implementation date.</text> </paragraph> <paragraph num="(2)"> <text>Before submitting a proposal for a substantial modification to an existing bachelor’s degree program that could affect students transferring from a community college, a public senior higher education institution shall notify all community colleges of the proposed changes and proposed implementation date.</text> </paragraph> <paragraph num="(3)"> <text>Before submitting a proposal for a substantial modification to an existing associate’s degree program that could affect students transferring to or from a public senior higher education institution, a community college shall notify all public senior higher education institutions of the proposed changes and proposed implementation date.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contents of Proposal.</text> <paragraph num="(1)"> <text>A proposal for a new bachelor’s degree program at a public senior higher education institution shall include:</text> <paragraph num="(a)"> <text>A proposed articulation agreement with at least one community college; or</text> </paragraph> <paragraph num="(b)"> <text>Justification for why an articulation agreement is not feasible or applicable.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A proposal for a substantial modification to an existing bachelor’s degree program at a public senior higher education institution shall include:</text> <paragraph num="(a)"> <text>For a program that has an existing articulation agreement with at least one community college:</text> <paragraph num="(i)"> <text>Proposed modifications to all existing articulation agreements; or</text> </paragraph> <paragraph num="(ii)"> <text>Justification for why revising existing articulation agreements is not feasible or applicable; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For a program without any existing articulation agreement:</text> <paragraph num="(i)"> <text>A proposed articulation agreement with at least one community college; or</text> </paragraph> <paragraph num="(ii)"> <text>Justification for why an articulation agreement is not feasible or applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>A proposal for a substantial modification to an existing associate’s degree program at a community college shall include:</text> <paragraph num="(a)"> <text>For a program that has an existing articulation agreement with at least one public senior higher education institution:</text> <paragraph num="(i)"> <text>Proposed modifications to all existing articulation agreements; or</text> </paragraph> <paragraph num="(ii)"> <text>Justification for why revising existing articulation agreements is not feasible or applicable; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For a program without existing articulation agreements:</text> <paragraph num="(i)"> <text>A proposed articulation agreement with at least one public senior higher education institution; or</text> </paragraph> <paragraph num="(ii)"> <text>Justification for why an articulation agreement is not feasible or applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Subject to §C(1) and (2) of this regulation, all proposed new and modified articulation agreements submitted under §B(1)—(3) of this regulation shall be provisionally signed by the appropriate individual, as identified in COMAR 13B.06.02.13, prior to submission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>After Approval.</text> <paragraph num="(1)"> <text>Any new or revised articulation agreement submitted under this regulation shall only be effective when:</text> <paragraph num="(a)"> <text>The new program or substantial modification is approved by the Commission; and</text> </paragraph> <paragraph num="(b)"> <text>The new program or substantial modification is implemented.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A provisionally signed new or revised articulation agreement submitted under this regulation may not be made publicly available by any institution unless the new program or substantial modification has been approved by the Commission.</text> </paragraph> <paragraph num="(3)"> <text>The institution shall provide the curriculum and any articulation agreement(s) to all other public institutions within 90 days of the approval.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Off-Campus Programs."> <paragraph num="A."> <text>A proposal for a substantial modification shall be submitted to offer an existing on-campus program at an off-campus location, including a regional higher education center.</text> </paragraph> <paragraph num="B."> <text>Except as set forth in §C of this regulation, an institution may not submit a program proposal for a new program to be offered as an off-campus program.</text> </paragraph> <paragraph num="C."> <text>An institution may submit a program proposal for a new program to be offered at a regional higher education center.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Closed Sites."> <paragraph num="A."> <text>An in-State institution maintaining full and unconditional accreditation from an accrediting association recognized by the United States Department of Education and approval from the Commission may respond to the request of a sponsoring agent to offer a previously approved program at an off-campus site selected by the sponsoring agent solely for the sponsoring agent’s employees by submitting a letter of notification to the Secretary.</text> </paragraph> <paragraph num="B."> <text>A letter of notification shall describe the program and affirm that there is access to library resources and faculty consistent with the scope and nature of the offerings.</text> </paragraph> <paragraph num="C."> <text>A program may be offered through traditional means as well as through various distance education formats.</text> </paragraph> <paragraph num="D."> <text>General Public.</text> <paragraph num="(1)"> <text>The general public may not be recruited or admitted to these programs.</text> </paragraph> <paragraph num="(2)"> <text>If an institution elects to open the program beyond the sponsoring agent’s designated employees, the Commission's policies and procedures for off-campus programs apply.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Distance Education."> <paragraph num="A."> <text>An institution may not utilize distance education as a program modality unless the institution:</text> <paragraph num="(1)"> <text>As of January 1, 2018, offers at least one distance education program that has been approved by the Commission and that has received appropriate designation from the institutional accreditor; or</text> </paragraph> <paragraph num="(2)"> <text>Is designated by the Secretary, under §B of this regulation, as an institution eligible to provide distance education.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Designation as an Institution Eligible to Provide Distance Education.</text> <paragraph num="(1)"> <text>An institution of higher education operating in the State that is required to have a certificate of approval from the Commission under COMAR 13.02.01 or 13B.02.02 may request that the Secretary designate the institution as eligible to provide distance education.</text> </paragraph> <paragraph num="(2)"> <text>An institution desiring to be designated as eligible to provide distance education shall submit an application to the Secretary, on a form prescribed by the Secretary, that:</text> <paragraph num="(a)"> <text>Demonstrates that:</text> <paragraph num="(i)"> <text>Distance education is consistent with the institution's mission;</text> </paragraph> <paragraph num="(ii)"> <text>Institutional resources and the source of funds to support distance education are sufficient;</text> </paragraph> <paragraph num="(iii)"> <text>Academic oversight, quality control, and student services to be provided shall be sufficient to provide distance education;</text> </paragraph> <paragraph num="(iv)"> <text>Student supports, including but not limited to technical support, learning resources such as library resources, student support services such as disability services, and student services such as financial aid, academic advising, and career planning, shall be sufficient to support students enrolled in distance education; and</text> </paragraph> <paragraph num="(v)"> <text>Faculty supports shall provide for best practices and pedagogy in distance education; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Includes:</text> <paragraph num="(i)"> <text>A list of intended programs to be offered as distance education;</text> </paragraph> <paragraph num="(ii)"> <text>An affirmation that a program’s curriculum and objectives shall be coherent, cohesive, and comparable regardless of program modality;</text> </paragraph> <paragraph num="(iii)"> <text>A signed statement from the President of the institution that the institution shall comply with the C-RAC guidelines; and</text> </paragraph> <paragraph num="(iv)"> <text>Any complimentary materials submitted to the institutional accreditor for approval to offer distance education.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Secretary shall review a complete application submitted under §B(2) of this regulation and shall:</text> <paragraph num="(a)"> <text>Approve the application if it satisfies the criteria set forth in §B(2) of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>Disapprove the application, and provide a description of the reasons that the application did not satisfy the criteria set forth in §B(2) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>An institution offering distance education shall comply with the C-RAC guidelines.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Consultant Review."> <paragraph num="A."> <text>In reviewing a program proposal, Commission staff shall discuss the proposal with institutional or segmental personnel involved with the program.</text> </paragraph> <paragraph num="B."> <text>If the Secretary determines that additional expertise is needed to evaluate a program, the Secretary may retain one or more outside consultants.</text> </paragraph> <paragraph num="C."> <text>The Secretary and the institutional or segmental administrators shall agree on the selection of a consultant and on an appropriate time frame.</text> </paragraph> <paragraph num="D."> <text>The proposing institution is responsible for the costs incurred for a consultant's work.</text> </paragraph> <paragraph num="E."> <text>For an on-site visit, an institutional or segmental representative shall join the team as a resource person.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Degree Programs."> <paragraph num="A."> <text>Degree Levels.</text> <paragraph num="(1)"> <text>The degree levels described in this regulation are available to institutions in this State, as approved in accordance with COMAR 13B.02.02.10.</text> </paragraph> <paragraph num="(2)"> <text>Public community colleges and senior public higher education institutions shall comply with the credit hour standards of COMAR 13B.02.02.16A(1) and B(1).</text> </paragraph> </paragraph> <paragraph num="B."> <text>Associate of Applied Science (A.A.S.).</text> <paragraph num="(1)"> <text>An institution may award an Associate of Applied Science (A.A.S.) degree for successful completion of not less than 60 and not more than 70 credit hours in vocational-technical occupational skills, including law enforcement, computer technology, and engineering technology.</text> </paragraph> <paragraph num="(2)"> <text>The program is intended for a student seeking immediate employment opportunities. However, the program does not preclude a student from transferring to a technical bachelor’s degree program such as a bachelor's degree in technology or a bachelor's degree in technical or professional studies, or from transferring non-technical courses to a 4-year institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Associate of Arts (A.A.).</text> <paragraph num="(1)"> <text>An institution may award an Associate of Arts (A.A.) degree for successful completion of not less than 60 and not more than 70 credit hours in the liberal arts (social sciences, humanities, and similar subjects) and in the fine arts (music, art, etc.).</text> </paragraph> <paragraph num="(2)"> <text>The program is intended for transfer to an equivalent Bachelor of Arts (B.A.) degree program at 4-year institutions.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An institution may award an Associate of Art in Teaching (A.A.T.) degree that:</text> <paragraph num="(1)"> <text>Meets the lower-level degree academic content, outcomes, and requirements for teacher education, similar to the first 2 years of a bachelor’s program in teacher education;</text> </paragraph> <paragraph num="(2)"> <text>Requires either:</text> <paragraph num="(a)"> <text>A 3.0 cumulative grade point average on a 4.0 scale; or</text> </paragraph> <paragraph num="(b)"> <text>A 2.75—2.99 cumulative grade point average on a 4.0 scale and qualifying scores on the basic skills assessment for teacher licensure as established by the State Superintendent of Schools and as approved by the State Board of Education; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If achieved, transfers up to 70 credit hours, satisfying all lower-division teacher education program outcomes without further review by in-State 4-year public and independent institutions.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An institution may award an Associate of Fine Arts (A.F.A.) degree for successful completion of not less than 60 and not more than 70 credit hours in the professional arts in programs that:</text> <paragraph num="(1)"> <text>Have as a primary goal transfer to a Bachelor of Fine Arts (B.F.A.) degree program;</text> </paragraph> <paragraph num="(2)"> <text>Are similar to the first 2 years of a B.F.A. degree program; and</text> </paragraph> <paragraph num="(3)"> <text>Require at least 60 percent of the course credit to be in studio work and related areas.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Associate of Science (A.S.)</text> <paragraph num="(1)"> <text>An institution may award an Associate of Science (A.S.) degree for successful completion of not less than 60 and no more than 70 credit hours in science or technology (engineering, agriculture, the natural sciences) with a heavy emphasis on undergraduate mathematics or science.</text> </paragraph> <paragraph num="(2)"> <text>The program is intended for transfer to a Bachelor of Science (B.S.) degree program at 4-year institutions.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Associate of Science in Engineering (A.S.E.).</text> <paragraph num="(1)"> <text>An institution may award an Associate of Science in Engineering (A.S.E.) degree that:</text> <paragraph num="(a)"> <text>Meets the lower-level degree academic content, outcomes, and requirements for engineering education, similar to the first 2 years of a bachelor’s parallel program in engineering education;</text> </paragraph> <paragraph num="(b)"> <text>Requires at least a 2.0 on a 4.0 grade scale in all courses required by the program in computer science, engineering, mathematics, and the physical and natural sciences; and</text> </paragraph> <paragraph num="(c)"> <text>If conferred, transfers without further review or course-by-course match by in-State 4-year public and participating independent institutions into a bachelor’s parallel program, except that transfer students may be treated like non-transfer students with regard to credit hours earned through Advanced Placement (AP), International Baccalaureate (IB), and transcripted credits.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission shall convene a continuous review committee for each A.S.E. degree area, such as electrical engineering. Each continuous review committee shall be composed of faculty with relevant expertise in that area of study from in-State 2-year and 4-year public and independent institutions with approved engineering programs.</text> </paragraph> <paragraph num="(3)"> <text>Outcomes for each A.S.E. degree area shall be reviewed by the appropriate continuous review committee to ensure that outcomes are consistent with current standards. The committees shall meet at least once a year for the purpose of conducting this review.</text> </paragraph> <paragraph num="(4)"> <text>The president or president's designee of an in-State 4-year independent institution that wishes to participate in the Statewide articulation agreement shall submit a letter to the Secretary stating that the A.S.E. shall transfer to its institution without further review or course-by-course match, except that credit hours earned through Advanced Placement (AP), International Baccalaureate (IB), or transcripted credit, may be treated as they would be with non-transfer students at the institution.</text> </paragraph> </paragraph> <paragraph num="H."> <text>An institution may award a Bachelor of Arts (B.A.), Bachelor of Fine Arts (B.F.A.), or Bachelor of Science (B.S.) degree for successful completion of a program of 120 or more undergraduate credit hours.</text> </paragraph> <paragraph num="I."> <text>Bachelor of Technical Studies (B.T.S.) or Bachelor of Professional Studies (B.P.S.).</text> <paragraph num="(1)"> <text>An institution may award a Bachelor of Technical Studies (B.T.S.) or Bachelor of Professional Studies (B.P.S.) degree of at least 120 credit hours awarded for the successful completion of an A.A.S. degree, an advanced program of study in the designated area of concentration, and a minimum three-credit hour internship related to the program.</text> </paragraph> <paragraph num="(2)"> <text>Under an articulated agreement, students who have completed an A.A.S. degree may obtain a Bachelor of Technical Studies or a Bachelor of Professional Studies in a related, specialized area of concentration at an institution with degree-granting authority in this State. The area of concentration shall be specified by the institution granting the Bachelor of Technical Studies or Bachelor of Professional Studies. The receiving institution shall accept not less than 60 credit hours and not more than 70 credit hours for the Associate of Applied Science (A.A.S.) degree.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall provide information on technical or professional fields that have graduated significant numbers of students and for which one or more community colleges request an articulated bachelor of technical or bachelor of professional studies degree. Institutions that wish to participate in developing a Bachelor of Technical Studies or Bachelor of Professional Studies shall meet and develop an articulation agreement.</text> </paragraph> <paragraph num="(4)"> <text>The program shall include an internship which encompasses specific competencies and is a minimum of three credit hours. The program shall be made available at the principal location or other convenient locations, or both. The program may also be delivered through distance education.</text> </paragraph> <paragraph num="(5)"> <text>The articulation agreement shall be submitted together with a program proposal under this chapter.</text> </paragraph> <paragraph num="(6)"> <text>The articulation agreement shall specify whether the internship may be completed as part of the programmatic requirements for the A.A.S. degree.</text> </paragraph> </paragraph> <paragraph num="J."> <text>An institution may award a Master's Degree for successful completion of at least 30 credit hours or the equivalent of graduate-level courses.</text> </paragraph> <paragraph num="K."> <text>An institution may award a Doctoral Degree for the highest level of formal collegiate study in a field, typically requiring successful completion of at least 60 credit hours or the equivalent at the graduate level, including completion of a dissertation, final project, or other form of culminating academic work.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Certificate Programs."> <paragraph num="A."> <text>The following certificates are available to institutions in this State, as approved in accordance with COMAR 13B.02.02.10.</text> </paragraph> <paragraph num="B."> <text>An institution may award:</text> <paragraph num="(1)"> <text>A lower division certificate for successful completion of at least 12 semester credit hours at the freshman or sophomore levels, or both.</text> </paragraph> <paragraph num="(2)"> <text>An upper division certificate for successful completion of at least 12 semester credit hours at the junior or senior levels, or both.</text> </paragraph> <paragraph num="(3)"> <text>A post-baccalaureate certificate for successful completion of at least 12 semester credit hours at the graduate or upper divisional level, the majority of which are at the master's or specialized postgraduate level.</text> </paragraph> <paragraph num="(4)"> <text>A post-master's certificate for successful completion of at least 12 semester credit hours of graduate study beyond the master's degree.</text> </paragraph> <paragraph num="(5)"> <text>A certificate of advanced study for successful completion of at least 30 semester credit hours of graduate study beyond the master's degree.</text> </paragraph> <paragraph num="(6)"> <text>A professional certificate for successful completion of the number of courses required by the appropriate national professional association.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Directed Technology Certificates.</text> <paragraph num="(1)"> <text>An institution may award a directed technology certificate for completion of a specialized learning program developed by the institution specifically for employer training needs at a closed site. A directed technology certificate is designed as a sequence of courses that meets specific training objectives. Its purpose is to dramatically shorten the start-up time for credit training programs and to provide a useful credentialing function for those desiring a formal award. The certificate may be awarded for successfully earning at least 12 semester credit hours, but no more than 24 semester credit hours.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall provide a copy of the curriculum and evidence that:</text> <paragraph num="(a)"> <text>The curriculum for the certificate has been developed in consultation with a specific employer or employers to meet specific training needs;</text> </paragraph> <paragraph num="(b)"> <text>The curriculum has been reviewed by the appropriate curriculum approval bodies at the institution;</text> </paragraph> <paragraph num="(c)"> <text>A content specialist will be assigned to ensure high standards and maintain written documentation about the curriculum; and</text> </paragraph> <paragraph num="(d)"> <text>Financial resources are adequate to support the curriculum.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Secretary may grant approval to offer or may recommend offering of a directed technology certificate program for a period of 3 years and may renew the approval or recommendation after the third year on application by the institution.</text> </paragraph> <paragraph num="(4)"> <text>The president of the institution shall submit to the Secretary a letter of request that responds to the requirements of this regulation. The review of a program proposal for a directed technology certificate shall be processed and a decision made within 30 days after it is submitted to the Secretary.</text> </paragraph> </paragraph> <paragraph num="D."> <text>New Certificate in Existing Degree Programs.</text> <paragraph num="(1)"> <text>A program proposal for a new certificate in an existing degree program may be made in a brief, one-page document that:</text> <paragraph num="(a)"> <text>Explains the centrality of the proposed certificate program to the mission of the institution;</text> </paragraph> <paragraph num="(b)"> <text>Provides evidence of the market demand for the proposed certificate program;</text> </paragraph> <paragraph num="(c)"> <text>Sets out the curriculum design; and</text> </paragraph> <paragraph num="(d)"> <text>Shows that adequate faculty resources exist for the proposed certificate program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Favorable action on a completed program proposal by the Secretary constitutes final program approval or endorsement.</text> </paragraph> <paragraph num="(3)"> <text>If the Secretary does not approve or recommend the program proposal, the Secretary shall provide a written explanation of the reasons.</text> </paragraph> <paragraph num="(4)"> <text>Following the Secretary's decision on a proposed certificate program, an institution may elect to:</text> <paragraph num="(a)"> <text>Revise a proposal to address the Secretary's reasons for disapproval or non-recommendation and submit the revised proposal for reconsideration; or</text> </paragraph> <paragraph num="(b)"> <text>Have the matter reviewed by the Commission in accordance with the appeal procedure in Regulation .27 of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Health Occupation Shortage and Statewide Programs."> <paragraph num="A."> <text>Health Occupation Shortage Programs.</text> <paragraph num="(1)"> <text>Any student who is a resident of this State and enrolls at a community college in a program that the Commission has designated as a health occupation shortage program, shall pay only the student tuition and fees payable by a resident of a county that supports the community college, and the Commission shall pay any applicable out-of-county fee.</text> </paragraph> <paragraph num="(2)"> <text>The Maryland Department of Health shall determine which health occupations are in short supply in the State and report the determinations to the Commission. The Commission shall designate the eligible health occupation shortage programs determined to be in short supply annually to the community colleges.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Statewide Programs.</text> <paragraph num="(1)"> <text>Community colleges have developed increasing numbers of specialized technical programs designed to prepare students for immediate employment. Many of these technical programs are offered at several community colleges because of large student enrollment and high employment availability. With the development of an increasing number of highly specialized technical programs, however, the duplication of certain programs by neighboring colleges, or colleges within a geographical region, may be prohibitively expensive to both the local political subdivision and the State.</text> </paragraph> <paragraph num="(2)"> <text>Statewide designation includes:</text> <paragraph num="(a)"> <text>Programs not available at the community college in the student's county of residence; or</text> </paragraph> <paragraph num="(b)"> <text>Programs at the community college in the student's county of residence that have reached the program's enrollment capacity and cannot enroll additional students meeting the program's academic requirements.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Statewide designation process applies to both existing programs and new programs. Upon endorsement by the local board of trustees, the requesting institution shall petition the Secretary to designate the program as Statewide by responding to the general criteria listed in §B(4) of this regulation. The program, if so designated, is eligible for out-of-county tuition reimbursement by the State.</text> </paragraph> <paragraph num="(4)"> <text>The general criteria for Statewide designation are:</text> <paragraph num="(a)"> <text>Maximization of student access to programs;</text> </paragraph> <paragraph num="(b)"> <text>The ability of the college to accommodate additional students;</text> </paragraph> <paragraph num="(c)"> <text>The need for additional students to sustain the program;</text> </paragraph> <paragraph num="(d)"> <text>The unit cost of the program;</text> </paragraph> <paragraph num="(e)"> <text>Uniqueness of the program; and</text> </paragraph> <paragraph num="(f)"> <text>Current labor market demand for graduates of the program in the region.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>When limited funds are available, priority shall be given to programs that:</text> <paragraph num="(1)"> <text>Address designated health occupation shortage areas;</text> </paragraph> <paragraph num="(2)"> <text>Are unique;</text> </paragraph> <paragraph num="(3)"> <text>Address employment shortage areas determined by appropriate State agencies; and</text> </paragraph> <paragraph num="(4)"> <text>Are designed to meet the requirements of new technology-oriented State or regional industries.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The designation of a program as Statewide does not preclude a community college from proposing the same program for its political subdivision. While the existence of the Statewide program shall be taken into account, the proposed program shall be evaluated on its merits, considering the number of job openings, student demand, and cost.</text> </paragraph> <paragraph num="E."> <text>If the Secretary determines there is no longer a need for a program to be designated as health occupation shortage or Statewide, the health occupation shortage or Statewide program designation may be discontinued. In these cases, a community college shall continue to receive reimbursement for the out-of-county differential for students already enrolled in the program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Steps in the Program Review Process."> <paragraph num="A."> <text>Submission of a Program Proposal.</text> <paragraph num="(1)"> <text>If a proposed program can be implemented using existing resources, the program proposal may be submitted simultaneously to the institution’s governing board and the Secretary. Otherwise, the program proposal will be approved by the appropriate governing board before submission to the Secretary.</text> </paragraph> <paragraph num="(2)"> <text>A program proposal from a public institution must provide documentation as required by Education Article, §11.206.1(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Within 10 days after receipt of a program proposal, the Commission:</text> <paragraph num="(a)"> <text>Shall notify an institution of the status of the institution’s proposal; and</text> </paragraph> <paragraph num="(b)"> <text>May request documentation deemed to be missing or insufficient in response to the program review parameters.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A program proposal is not considered to be complete until the applicant submits supporting documentation requested by the Commission.</text> </paragraph> <paragraph num="(5)"> <text>The submission of substantial supplemental information beyond that requested by the Commission may cause a program proposal to be changed significantly, and thereby cause the proposal to be considered a new submission, triggering another 60-day review.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Review of a Program Proposal.</text> <paragraph num="(1)"> <text>The Secretary shall review each program proposal according to the criteria for program review in Regulation .06 of this chapter and the delegation of the Commission authority in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Immediately after receipt of a completed program proposal, the Secretary shall:</text> <paragraph num="(a)"> <text>Inform all institutions and segments of the proposal; and</text> </paragraph> <paragraph num="(b)"> <text>Allow a 30-day period for comments and objections.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Secretary or an institution may file an objection to implementation of a proposed program if the objection is based on:</text> <paragraph num="(a)"> <text>Inconsistency of the proposed program with the institution’s approved mission;</text> </paragraph> <paragraph num="(b)"> <text>Not meeting a regional or Statewide need consistent with the State Plan;</text> </paragraph> <paragraph num="(c)"> <text>Unreasonable program duplication which would cause demonstrable harm to another institution; or</text> </paragraph> <paragraph num="(d)"> <text>Violation of the State’s equal educational opportunity obligations under State and federal law.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If an objection is filed under §B(3) of this regulation, the Commission shall immediately notify the proposing institution’s governing board and president.</text> </paragraph> <paragraph num="(5)"> <text>The Secretary shall determine that an institutional objection is justified if it is based upon the criteria in §B(3) of this regulation and is accompanied by detailed data and information supporting the reasons for the objection.</text> </paragraph> <paragraph num="(6)"> <text>The Secretary may request additional information from the proposing or objecting institutions.</text> </paragraph> <paragraph num="(7)"> <text>If the Secretary determines that an objection is justified under §B(5) of this regulation, the Secretary shall negotiate with the proposing institution’s governing board and president, or designees, to modify the proposed program in order to resolve the objection.</text> </paragraph> <paragraph num="(8)"> <text>The Secretary may invite representatives of the objecting institution to any negotiations.</text> </paragraph> <paragraph num="(9)"> <text>If the objection cannot be resolved within 30 days of receipt of an objection, the Secretary shall make a final determination on the proposed new program unless the respective representatives of the proposing and objecting institutions agree to a longer negotiation period.</text> </paragraph> <paragraph num="(10)"> <text>The review shall be completed within 60 days of the date the Secretary determined that the program proposal was complete unless the deadline is extended with the agreement of the proposing institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Final Action by the Secretary.</text> <paragraph num="(1)"> <text>Favorable Action.</text> <paragraph num="(a)"> <text>Unless there is a request for a Commission review, favorable action by the Secretary on a completed program proposal constitutes final program approval or recommendation, and final degree authorization, if required.</text> </paragraph> <paragraph num="(b)"> <text>An institution shall implement an approved or recommended program in accordance with the approved program proposal and the conditions set by the Secretary.</text> </paragraph> <paragraph num="(c)"> <text>The Secretary may request an institution to submit a progress report responding to the original proposal and any conditions that may be imposed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unfavorable Action.</text> <paragraph num="(a)"> <text>If the Secretary does not approve or recommend the program proposal, the Secretary shall provide a written explanation of the reasons for the disapproval or non-recommendation.</text> </paragraph> <paragraph num="(b)"> <text>Following the Secretary’s decision, an institution may elect to:</text> <paragraph num="(i)"> <text>Revise the proposal to address the Secretary’s reasons for disapproval or non-recommendation and submit the revised proposal for reconsideration; or</text> </paragraph> <paragraph num="(ii)"> <text>Have the matter reviewed by the Commission in accordance with Regulation .28 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>A revised, resubmitted program proposal is considered a new proposal for purposes of the statutory 60-day time frame for Commission action.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".28" heading="Review by The Commission."> <paragraph num="A."> <text>Request for Review.</text> <paragraph num="(1)"> <text>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.</text> </paragraph> <paragraph num="(2)"> <text>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.</text> </paragraph> <paragraph num="(3)"> <text>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.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Prerequisites to Review.</text> <paragraph num="(1)"> <text>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.</text> </paragraph> <paragraph num="(2)"> <text>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.</text> </paragraph> <paragraph num="(3)"> <text>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.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notification to Involved Institutions.</text> <paragraph num="(1)"> <text>Within 3 business days of receipt of a request for review from a proposing institution, the Secretary shall notify any objecting institutions.</text> </paragraph> <paragraph num="(2)"> <text>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.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Scheduling of Review Meeting.</text> <paragraph num="(1)"> <text>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.</text> </paragraph> <paragraph num="(2)"> <text>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.</text> </paragraph> <paragraph num="(3)"> <text>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.</text> </paragraph> <paragraph num="(4)"> <text>The meeting may be held in person or virtually, at the discretion of the Commission chairperson.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Submission of Materials to Commission.</text> <paragraph num="(1)"> <text>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:</text> <paragraph num="(a)"> <text>The proposal;</text> </paragraph> <paragraph num="(b)"> <text>Any objections to the proposal;</text> </paragraph> <paragraph num="(c)"> <text>Any responses to any objections to the proposal;</text> </paragraph> <paragraph num="(d)"> <text>The Secretary’s decision letter;</text> </paragraph> <paragraph num="(e)"> <text>Any materials the Secretary received during the course of negotiation with the involved institutions;</text> </paragraph> <paragraph num="(f)"> <text>Any other materials the Secretary reviewed in order to make a determination regarding the proposal;</text> </paragraph> <paragraph num="(g)"> <text>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</text> </paragraph> <paragraph num="(h)"> <text>Any other materials the Secretary deems relevant to the request for review.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>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.</text> </paragraph> <paragraph num="(3)"> <text>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.</text> </paragraph> <paragraph num="(4)"> <text>All materials received by the Secretary under this section shall immediately be forwarded to the Commissioners.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Conduct of the Review Meeting.</text> <paragraph num="(1)"> <text>The Commission chairperson, vice chair, or designee shall preside over the meeting, which shall be held in open session.</text> </paragraph> <paragraph num="(2)"> <text>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.</text> </paragraph> <paragraph num="(3)"> <text>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.</text> </paragraph> <paragraph num="(4)"> <text>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.</text> </paragraph> <paragraph num="(5)"> <text>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.</text> </paragraph> <paragraph num="(6)"> <text>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.</text> </paragraph> <paragraph num="(7)"> <text>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.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Commission’s Decision.</text> <paragraph num="(1)"> <text>The Commission shall render a decision that is consistent with the requirements of this chapter and any other applicable State and federal law.</text> </paragraph> <paragraph num="(2)"> <text>Upon completion of the presentations, the Commission shall discuss the presentations and materials. All discussions and deliberations shall occur in open session.</text> </paragraph> <paragraph num="(3)"> <text>After all Commissioners have been heard, the chairperson, vice-chair, or Commissioner presiding over the meeting shall, in open session, introduce a motion to:</text> <paragraph num="(a)"> <text>Approve or recommend for implementation the proposed program, as submitted;</text> </paragraph> <paragraph num="(b)"> <text>Approve or recommend for implementation the proposed program, with conditions; or</text> </paragraph> <paragraph num="(c)"> <text>Deny or not recommend for implementation the proposed program.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In order to pass, any motion shall be approved by a majority of the members then serving on the Commission.</text> </paragraph> <paragraph num="(5)"> <text>After the motion has been seconded, a roll call vote on the motion shall be held in open session.</text> </paragraph> <paragraph num="(6)"> <text>If the motion does not pass, any Commissioner may introduce a different motion and, if the motion is seconded, the chairperson, vice-chair, or Commissioner presiding over the meeting shall hold a roll call vote on that motion in open session.</text> </paragraph> <paragraph num="(7)"> <text>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.</text> </paragraph> <paragraph num="(8)"> <text>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.</text> </paragraph> <paragraph num="(9)"> <text>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.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".29" heading="Change of Program Modality."> <paragraph num="A."> <text>Subject to COMAR 13B.02.03.22, an institution that has received approval to operate a program may add, change, suspend, or discontinue a program modality if the institution provides advance notice to the Commission in accordance with §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>An institution’s notice to the Commission shall include:</text> <paragraph num="(1)"> <text>The name and degree of the program;</text> </paragraph> <paragraph num="(2)"> <text>The HEGIS and CIP code of the program;</text> </paragraph> <paragraph num="(3)"> <text>A description of, and rationale for, the addition, change, suspension, or discontinuation of program modality;</text> </paragraph> <paragraph num="(4)"> <text>An affirmation that the program’s most recently approved curriculum and objectives are coherent, cohesive, and comparable, regardless of program modality;</text> </paragraph> <paragraph num="(5)"> <text>The planned implementation date of the addition, change, suspension, or discontinuation of program modality; and</text> </paragraph> <paragraph num="(6)"> <text>For any suspension or discontinuation of a program modality:</text> <paragraph num="(a)"> <text>The number of students enrolled in the program who are using that program modality and their expected graduation dates; and</text> </paragraph> <paragraph num="(b)"> <text>A plan that covers each of the students using the program’s modality to ensure that:</text> <paragraph num="(i)"> <text>The student’s time to completion of the program is not increased; and</text> </paragraph> <paragraph num="(ii)"> <text>Students and faculty continue to have access to course material, student services, and academic support for the duration of the program.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission shall review the notice to determine whether it is complete under §B of this regulation, and whether the program subject to the modality change received approval from the Commission. If, upon review of the notice, the Commission determines that the notice is incomplete or that the program has not received Commission approval:</text> <paragraph num="(1)"> <text>The Commission shall notify the institution of the missing information or the lack of approval;</text> </paragraph> <paragraph num="(2)"> <text>The institution shall withdraw the notice, submit the missing information, or submit a program proposal or substantial modification proposal, as applicable; and</text> </paragraph> <paragraph num="(3)"> <text>The institution may not commence a program until it has been approved by the Commission under this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Effect on Conditional Program Approvals.</text> <paragraph num="(1)"> <text>This regulation may not be construed to expand program approval beyond any conditions, including geographic restrictions, that the Commission placed upon the original approval of the program.</text> </paragraph> <paragraph num="(2)"> <text>An institution may not operate a program in violation of the geographic restrictions or other conditions placed upon the program by the Commission unless it first receives approval for a new program, or approval for a substantial modification of the program, under Regulation .03 of this chapter.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, Titles 11 and 16, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1980 (7:13 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13.50.05 to 13B.02.03</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.14, Minimum Requirements for Degree-Granting 2-Year Colleges, repealed effective December 14, 1987 (14:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16, Minimum Requirements for Associate Degree-Granting Institutions, adopted effective December 14, 1987 (14:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 17, 1989 (16:7 Md. R. 812)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16, Minimum Requirements for Associate Degree-Granting Institutions, repealed effective April 10, 1995 (22:7 Md. R. 537)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.32, Academic Programs — Degree-Granting Institutions, adopted effective July 1, 1996 (23:13 Md. R. 945)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 17, 2001 (28:18 Md. R. 1622); October 29, 2001 (28:21 Md. R. 1858); January 26, 2009 (36:2 Md. R. 102); October 19, 2009 (36:21 Md. R. 1593); July 26, 2010 (37:15 Md. R. 999)(2)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 adopted as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); adopted permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 amended effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 amended effective April 15, 2002 (29:7 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25 repealed effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26E amended effective July 24, 2000 (27:14 Md. R. 1343)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 amended and recodified to Regulation .25 effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 adopted effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33 adopted effective September 17, 2001 (28:18 Md. R. 1622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33C amended effective June 23, 2003 (30:12 Md. R. 791)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34 adopted effective October 19, 2009 (36:21 Md. R. 1593)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 2, 2012 (39:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 16, 2015 (42:5 Md. R. 487); May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective August 2, 2018 (45:24 Md. R. 1161); emergency status expired effective December 31, 2018</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 25, 2019 (46:5 Md. R. 346); November 18, 2019 (46:23 Md. R. 1066); August 22, 2022 (49:17 Md. R. 790); January 31, 2025 (51:25 Md. R. 1142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1B amended effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective May 7, 2018 (45:9 Md. R. 462); January 31, 2025 (51:25 Md. R. 1142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective January 31, 2025 (51:25 Md. R. 1142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective January 31, 2025 (51:25 Md. R. 1142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-1 adopted as an emergency provision effective December 19, 2014 (42:1 Md. R. 16); adopted permanently effective April 27, 2015 (42:8 Md. R. 608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective May 7, 2018 (45:9 Md. R. 462); August 22, 2022 (49:17 Md. R. 790); January 31, 2025 (51:25 Md. R. 1142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11H adopted effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13C adopted effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15C adopted effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 repealed and new Regulation .19 adopted effective August 22, 2022 (49:17 Md. R. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective January 31, 2025 (51:25 Md. R. 1142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20A amended as an emergency provision effective August 2, 2018 (45:24 Md. R. 1161); emergency status expired effective December 31, 2018</annotation> <annotation type="History" subtype="Administrative History">Regulation .20A amended effective March 25, 2019 (46:5 Md. R. 346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective May 7, 2018 (45:9 Md. R. 462)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 amended effective October 28, 2013 (40:21 Md. R. 1780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24D amended effective June 29, 2020 (47:13 Md. R. 642)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24D, I amended effective November 18, 2019 (46:23 Md. R. 1066)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 amended effective December 1, 2024 (51:23 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29 adopted effective May 7, 2018 (45:9 Md. R. 462)</annotation> </annotations> </chapter> <chapter num="04" heading="Exemption Procedures for Religious Educational Institutions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish the procedures by which the Commission determines the status of an institution of postsecondary education as a religious educational institution eligible for exemption from the approval authority of the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope of Exemption."> <paragraph num="A."> <text>An institution of postsecondary education may obtain an exemption as a religious educational institution and operate without a certificate of approval from the Commission if the institution:</text> <paragraph num="(1)"> <text>Is established for religious educational purposes;</text> </paragraph> <paragraph num="(2)"> <text>Provides educational programs only for religious vocations or purposes;</text> </paragraph> <paragraph num="(3)"> <text>Offers only sectarian instruction designed for and aimed at individuals who hold or seek to learn the particular religious faiths or beliefs taught by the institution; and</text> </paragraph> <paragraph num="(4)"> <text>States on the certificate or diploma the religious nature of the award.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An institution that applies for exemption and that, at the time of application, does not hold a certificate of approval from the Commission may not operate, do business, or offer instruction unless and until the Commission grants the institution an exemption under this chapter.</text> </paragraph> <paragraph num="C."> <text>A religious educational institution that is accredited by an accrediting body recognized by the United States Department of Education may not operate without a certificate of approval from the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Initial Application."> <paragraph num="A."> <text>An institution seeking an exemption as a religious educational institution shall submit to the Secretary:</text> <paragraph num="(1)"> <text>An application and a financial statement, both in the form required by the Secretary;</text> </paragraph> <paragraph num="(2)"> <text>The accompanying documentation required by the Secretary, including the proposed catalog of courses, and evidence from the State Department of Assessments and Taxation that the institution is in good standing; and</text> </paragraph> <paragraph num="(3)"> <text>An application fee in the amount of $250.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Adequate Financial Resources.</text> <paragraph num="(1)"> <text>An institution seeking an exemption as a religious educational institution shall demonstrate that it possesses adequate financial resources to support the institution's educational program.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall submit a financial statement for the most recent calendar year, or if possible, the 2 most recent calendar years, compiled by an independent accountant, showing, at a minimum, that:</text> <paragraph num="(a)"> <text>The institution holds at least $250,000 in total assets in Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>The total assets of the institution exceed its total liabilities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>If the Secretary is satisfied on the basis of the materials submitted that the institution qualifies for exemption from the approval authority of the Commission, the Secretary shall grant the institution an exemption as a religious educational institution.</text> </paragraph> <paragraph num="D."> <text>An exemption is valid for 2 years.</text> </paragraph> <paragraph num="E."> <text>Upon granting an institution an exemption under this regulation, the Secretary shall designate the date on which the institution’s first renewal application required by Regulation .04 of this chapter shall be submitted to the Secretary.</text> </paragraph> <paragraph num="F."> <text>An exempt religious educational institution shall promptly notify the Secretary of any address change.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Renewal Application."> <paragraph num="A."> <text>Each religious educational institution granted an exemption under this chapter shall submit to the Secretary every 2 years:</text> <paragraph num="(1)"> <text>An application and financial statements, both in the form required by the Secretary;</text> </paragraph> <paragraph num="(2)"> <text>The accompanying documentation required by the Secretary, including the current catalog of courses, and evidence from the State Department of Assessments and Taxation that the institution is in good standing; and</text> </paragraph> <paragraph num="(3)"> <text>A renewal application fee in the amount of $250.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Adequate Financial Resources.</text> <paragraph num="(1)"> <text>An institution seeking a renewal of its exemption as a religious educational institution shall demonstrate that it possesses adequate financial resources to support the institution's educational program.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall submit a financial statement for the 2 most recent calendar years, compiled by an independent accountant, showing, at a minimum, that:</text> <paragraph num="(a)"> <text>The institution holds at least $250,000 in total assets in Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>The total assets of the institution exceed its total liabilities.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>If the Secretary is satisfied on the basis of the materials submitted that the institution qualifies for renewal of its exemption from the approval authority of the Commission, the Secretary shall grant the institution an exemption as a religious educational institution.</text> </paragraph> <paragraph num="D."> <text>A renewal of an exemption is valid for 2 years.</text> </paragraph> <paragraph num="E."> <text>Upon granting an institution a renewal of its exemption under this regulation, the Secretary shall designate the date on which the institution’s next renewal application shall be submitted to the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial of Exemption."> <paragraph num="A."> <text>Hearing.</text> <paragraph num="(1)"> <text>No later than 20 days after receipt of written notification of the denial, an institution denied an exemption under this chapter may request a hearing before the Commission.</text> </paragraph> <paragraph num="(2)"> <text>The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(3)"> <text>If the institution requests a hearing, the Commission may refer the hearing to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(4)"> <text>After the hearing provided for in §A(3) of this regulation, the Commission may take the following action:</text> <paragraph num="(a)"> <text>Grant the exemption;</text> </paragraph> <paragraph num="(b)"> <text>Deny the exemption; or</text> </paragraph> <paragraph num="(c)"> <text>Remand the case to the Secretary for further action as directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the institution does not file a timely request for a hearing, the Secretary's decision becomes the final action of the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>An institution that is denied an exemption by the Commission after a hearing under §A of this regulation has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is considered correct and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Notice to the Public."> <paragraph num="A."> <text>A religious educational institution may not advertise that it is approved to operate in Maryland as an institution of postsecondary education.</text> </paragraph> <paragraph num="B."> <text>An institution granted an exemption as a religious educational institution under this chapter shall post on its website and in all advertising the following statement:</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(o) and (u), 11-201, and 11-202.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 14, 1987 (14:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 26, 2010 (37:15 Md. R. 999)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 4, 2011 (38:7 Md. R. 432)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective April 4, 2011 (38:7 Md. R. 432)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended as an emergency provision effective July 1, 2011 (38:14 Md. R. 788); amended permanently effective October 17, 2011 (38:21 Md. R. 1279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 29, 2012 (39:21 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 28, 2013 (40:21 Md. R. 1780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective April 24, 2017 (44:8 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C adopted effective April 24, 2017 (44:8 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective June 27, 2022 (49:16 Md. R. 688)</annotation> </annotations> </chapter> <chapter num="05" heading="Approval and Oversight of In-State SARA Institutions"> <regulation prefix="Regulation" num=".01" heading="SARA Portal Agency and Delegation to Secretary."> <paragraph num="A."> <text>Designation of SARA Portal Agency. The Commission is the interstate point of contact for SARA questions, complaints, and other communications.</text> </paragraph> <paragraph num="B."> <text>Delegation to Secretary. Except as otherwise provided by this chapter, the Commission delegates to the Secretary the authority to act on its behalf with respect to all matters concerning SARA.</text> </paragraph> <paragraph num="C."> <text>Reporting by the Commission. In the manner required under SARA, the Commission shall report information to the Council and to the Southern Regional Education Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accredited” means holding institutional accreditation by name as a U.S.-based institution from an accreditor recognized by the U.S. Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(3)"> <text>“Council” means the National Council for State Authorization Reciprocity Agreements.</text> </paragraph> <paragraph num="(4)"> <text>“C-RAC guidelines” mean the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.</text> </paragraph> <paragraph num="(5)"> <text>“In-State institution” means an institution of higher education that holds its legal domicile in the State.</text> </paragraph> <paragraph num="(6)"> <text>“In-State SARA institution” means an in-State institution approved by the Commission to participate in SARA.</text> </paragraph> <paragraph num="(7)"> <text>“SARA” means a State Authorization Reciprocity Agreement overseen by the National Council for State Authorization Reciprocity Agreements and administered by the Southern Regional Education Board, the New England Board of Higher Education, the Midwestern Higher Education Compact, or the Western Interstate Commission for Higher Education.</text> </paragraph> <paragraph num="(8)"> <text>“SARA distance education” means interstate instruction, originating in the U.S. or a U.S. territory, offered by any means where the student and faculty member are in separate physical locations, including, but not limited to, online, interactive video, or correspondence courses or programs.</text> </paragraph> <paragraph num="(9)"> <text>“Secretary” means the Secretary of Higher Education or the Secretary’s designee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Scope."> <text>This chapter does not affect the obligations of in-State SARA institutions to seek and obtain institutional and programmatic reviews and approvals from the Commission under Education Article, §§11-202 and 11-206, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval of In-State Institutions to Participate in SARA."> <paragraph num="A."> <text>An in-State institution seeking approval to participate in SARA shall submit an application to the Commission in a form prescribed by the Secretary.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall, upon receipt of an in-State institution’s complete application to participate in SARA, approve the application if:</text> <paragraph num="(1)"> <text>The applicant is an in-State institution approved by the Commission to operate in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Programs offered by the institution comply with Education Article, §§11-206 and 11-206.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>The applicant is accredited;</text> </paragraph> <paragraph num="(4)"> <text>The president or chief academic officer of the institution attests that the institution meets and agrees to comply with the C-RAC guidelines;</text> </paragraph> <paragraph num="(5)"> <text>The institution, if it participates in federal Title IV financial aid, has a federal financial responsibility rating of at least 1.5, or, upon justification deemed acceptable by the Secretary, a federal financial responsibility rating of at least 1.0;</text> </paragraph> <paragraph num="(6)"> <text>The institution, if it does not participate in federal Title IV financial aid, would, in the determination of the Secretary, have a federal financial responsibility rating of at least 1.5, or, with justification deemed acceptable by the Secretary, at least 1.0;</text> </paragraph> <paragraph num="(7)"> <text>The institution makes its SARA-related complaint policies and procedures readily available to students, and informs students that they may appeal SARA-related complaints to MHEC pursuant to this chapter;</text> </paragraph> <paragraph num="(8)"> <text>For any course or program potentially leading to professional licensure:</text> <paragraph num="(a)"> <text>The institution notifies students and potential students that the course or program meets the licensing requirements of the state where the students or potential students reside; or</text> </paragraph> <paragraph num="(b)"> <text>The institution notifies students and potential students that it cannot confirm whether the course or program meets the licensing requirements of the state where the students or potential students reside, provides students and potential students with current contact information for applicable licensing boards, and advises students and potential students to determine whether the course or program meets state licensing requirements;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>The provisional approval criteria in §C of this regulation do not apply; and</text> </paragraph> <paragraph num="(10)"> <text>The applicant has paid the fee required by Regulation .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Provisional Approval. The Secretary shall, upon receipt of an in-State institution’s complete application to participate in SARA, approve the institution to participate in SARA on a provisional status if the institution meets the requirements of §B(1)—(8) and (10) of this regulation, but:</text> <paragraph num="(1)"> <text>Is on probationary status or the equivalent with its institutional accrediting association;</text> </paragraph> <paragraph num="(2)"> <text>Uses a letter of credit or is under a cash management agreement with the U.S. Department of Education;</text> </paragraph> <paragraph num="(3)"> <text>Is the subject of a publicly announced investigation by a government agency, and the investigation is related to the institution’s academic quality, financial stability, or student consumer protection; or</text> </paragraph> <paragraph num="(4)"> <text>Is the subject of an investigation by the State related to the institution’s academic quality, financial stability, or student consumer protection.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Terms and Length of Provisional Status.</text> <paragraph num="(1)"> <text>An in-State institution approved to participate in SARA on provisional status shall meet any requirements the Secretary deems necessary, including enrollment limits, to ensure SARA standards are met regarding program quality, financial stability, and consumer protection.</text> </paragraph> <paragraph num="(2)"> <text>The length of the provisional status of an in-State institution approved to participate in SARA shall be determined by the Secretary and may not exceed 1 year.</text> </paragraph> <paragraph num="(3)"> <text>Application for Removal of Provisional Status.</text> <paragraph num="(a)"> <text>If an in-State institution approved to participate in SARA on provisional status no longer meets the provisional status criteria set forth in §C of this regulation, it may apply in writing to the Secretary for removal of its provisional status designation and approval as an in-State SARA institution.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary shall grant the application if the criteria justifying provisional status no longer apply, and if the institution meets the requirements of §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the Secretary determines that an in-State institution approved to participate in SARA on provisional status no longer meets the requirements of §B(1)—(8) and (10) of this regulation, the Secretary shall:</text> <paragraph num="(a)"> <text>Provide the institution with a grace period, not to exceed 1 year, in which the institution shall come into compliance with SARA standards, subject to the supervision of the Secretary; or</text> </paragraph> <paragraph num="(b)"> <text>Prohibit the institution from enrolling additional students in SARA distance education, terminate the institution’s SARA participation pursuant to Regulation .08 of this chapter, and allow the institution to continue to instruct students already enrolled in SARA distance education for a period of 6 months.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>In any 3-year period, the Secretary may grant an institution only one grace period in which to correct noncompliance under §D(4) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Annual Renewal of Approval of In-State Institutions to Participate in SARA."> <paragraph num="A."> <text>An in-State SARA institution shall apply to the Commission annually, in a form prescribed by the Secretary, to renew its participation in SARA.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall approve the renewal application if the in-State SARA institution continues to meet the requirements set forth in Regulation .04B of this chapter.</text> </paragraph> <paragraph num="C."> <text>An in-State institution approved to participate in SARA on provisional status may not renew its provisional status.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Annual Fees for In-State Institutions to Participate in SARA."> <paragraph num="A."> <text>An in-State institution shall pay annually the SARA application and renewal fees set forth in this regulation.</text> </paragraph> <paragraph num="B."> <text>Fees to the Commission.</text> <paragraph num="(1)"> <text>For institutions with less than 2,500 full-time equivalent enrollment, the annual, nonrefundable fee due to the Commission shall be $2,000.</text> </paragraph> <paragraph num="(2)"> <text>For institutions with between 2,500 and 9,999 full-time equivalent enrollment, the annual, nonrefundable fee due to the Commission shall be $4,000.</text> </paragraph> <paragraph num="(3)"> <text>For institutions with 10,000 or more full-time equivalent enrollment, the annual, nonrefundable fee due to the Commission shall be $6,000.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Fees to the Council. Fees due annually to the Council to participate in SARA are prescribed by the Council.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Student Complaints Against In-State SARA Institutions."> <paragraph num="A."> <text>Scope.</text> <paragraph num="(1)"> <text>This regulation applies to SARA distance education provided by in-State SARA institutions to students residing in Maryland, and to students residing in other states.</text> </paragraph> <paragraph num="(2)"> <text>This regulation does not affect or limit the rights of students or of the State to pursue other remedies available under the law, including the Maryland Consumer Protection Act.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A student who receives SARA distance education from an in-State SARA institution may, after the student has exhausted the institution’s procedures for the resolution of grievances, and within 2 years of the incident about which the complaint is made, file a written complaint to the Commission, in a form prescribed by the Secretary, alleging that the institution:</text> <paragraph num="(1)"> <text>Has engaged in dishonest or fraudulent activity; or</text> </paragraph> <paragraph num="(2)"> <text>Has operated a course or a program contrary to practices set forth in the C-RAC guidelines in a way that has harmed the student.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A complaint made under §B of this regulation may include, but is not limited to, allegations that the institution provided false or misleading:</text> <paragraph num="(1)"> <text>Recruitment or marketing materials;</text> </paragraph> <paragraph num="(2)"> <text>Job placement data;</text> </paragraph> <paragraph num="(3)"> <text>Information about tuition, fees, or financial aid;</text> </paragraph> <paragraph num="(4)"> <text>Information about admission requirements;</text> </paragraph> <paragraph num="(5)"> <text>Information about the institution’s accreditation;</text> </paragraph> <paragraph num="(6)"> <text>Information about whether course work meets relevant professional licensing requirements or the requirements of specialized accrediting bodies; and</text> </paragraph> <paragraph num="(7)"> <text>Information about the transferability of course work to other institutions.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Secretary shall send a copy of a complaint received under §C of this regulation to the institution that is the subject of the complaint.</text> </paragraph> <paragraph num="E."> <text>Within 30 days of the date that the Secretary sends a copy of a complaint received under §D of this regulation to an institution, the institution shall provide a written response in a form prescribed by the Secretary.</text> </paragraph> <paragraph num="F."> <text>Within 30 days of the date the Secretary receives the institution’s response under §E of this regulation, or if the Secretary receives no response under §E of this regulation, the Secretary shall issue a notice to the institution containing:</text> <paragraph num="(1)"> <text>The Secretary’s findings regarding the complaint;</text> </paragraph> <paragraph num="(2)"> <text>The actions that the institution shall take, if any, to comply with the requirements set forth in this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>The consequences of failing to take the actions prescribed by the Secretary, which may include the termination of the institution’s participation in SARA under Regulation .08 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Termination of an In-State Institution’s Participation in SARA."> <paragraph num="A."> <text>If the Secretary finds that an in-State SARA institution fails to meet the requirements of this chapter, the Secretary may:</text> <paragraph num="(1)"> <text>Issue a notice of deficiencies to the institution; or</text> </paragraph> <paragraph num="(2)"> <text>If the institution meets the requirements of Regulation .04C of this chapter, permit the institution to participate in SARA on provisional status, subject to the requirements of Regulation .04D of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within 20 days of receipt of the notice of deficiencies, the institution shall respond in writing to the Secretary’s notice, setting forth the institution’s objections to the Secretary’s findings.</text> </paragraph> <paragraph num="C."> <text>Within 20 days of receipt of the institution’s written response to the notice of deficiencies, or if the Secretary receives no written response, the Secretary shall issue a decision on whether to terminate the institution’s participation in SARA.</text> </paragraph> <paragraph num="D."> <text>The Secretary’s decision to terminate an institution’s participation in SARA may be reviewed under Regulation .09 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Administrative Review of SARA Decisions."> <paragraph num="A."> <text>If the Secretary issues a decision to deny an institution’s application to participate in SARA, to deny its renewal application under SARA, or to terminate its participation in SARA, the president of the institution may, within 10 days of issuance of the Secretary’s decision, notify the Commission that the institution seeks the Commission’s review of the Secretary’s decision.</text> </paragraph> <paragraph num="B."> <text>If the president of the institution does not notify the Commission that it seeks review of the Secretary’s decision within 10 days of issuance of the decision, the decision shall be final.</text> </paragraph> <paragraph num="C."> <text>Within 30 days of notifying the Commission that the institution seeks review of the Secretary’s decision, the president of the institution, in writing:</text> <paragraph num="(1)"> <text>Shall submit to the Commission the grounds upon which the institution objects to the Secretary’s decision; and</text> </paragraph> <paragraph num="(2)"> <text>May request a hearing before the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Within 30 days of receipt of the institution’s written statement, the Secretary shall issue a written statement setting forth the reasons supporting the Secretary’s decision.</text> </paragraph> <paragraph num="E."> <text>If the institution has requested a hearing, within 60 days of issuance of the Secretary’s written statement in support of the Secretary’s decision, the Commission shall schedule a hearing to consider the institution’s objections to the Secretary’s decision.</text> </paragraph> <paragraph num="F."> <text>At the hearing, the president of the institution or the president’s designee, and the Secretary or the Secretary’s designee, each shall have 15 minutes, or longer at the discretion of the Chairman of the Commission, to present data and arguments to the Commission regarding the Secretary’s decision.</text> </paragraph> <paragraph num="G."> <text>Within 10 working days of the hearing or, if no hearing has been requested, within 60 days of issuance of the Secretary’s written statement in support of the Secretary’s decision, the Commission shall issue an order:</text> <paragraph num="(1)"> <text>Affirming the Secretary’s decision;</text> </paragraph> <paragraph num="(2)"> <text>Reversing the Secretary’s decision; or</text> </paragraph> <paragraph num="(3)"> <text>Remanding the decision to the Secretary for further action as directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The Commission’s order is final, and is not subject to reconsideration by the Commission or review by any other administrative or judicial body.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 11-202, and 11-202.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 21, 2015 (42:25 Md. R. 1545)</annotation> </annotations> </chapter> <chapter num="06" heading="Additional Requirements for For-Profit Institutions of Higher Education"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to:</text> <paragraph num="A."> <text>Provide for the assessment of fees on for-profit institutions of higher education under Education Article, §11-203, Annotated Code of Maryland;</text> </paragraph> <paragraph num="B."> <text>Provide for the filing of certain financial guarantees by for-profit institutions of higher education under Education Article, §11-203, Annotated Code of Maryland;</text> </paragraph> <paragraph num="C."> <text>Provide for the creation and administration of the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education;</text> </paragraph> <paragraph num="D."> <text>Set forth standards and procedures for processing claims filed by students of for-profit institutions of higher education under Education Article, §11-203, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="E."> <text>Set forth reporting requirements for for-profit institutions of higher education operating in Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Adjusted gross tuition and fees” means all revenues received on a cash or accrual accounting basis, less any refunds paid to students, for tuition and fees for all instructional programs or courses enrolled in by students, except for charges for materials, supplies, and books that have been purchased by, and are the property of, a student.</text> </paragraph> <paragraph num="(2)"> <text>“Assessment year” means a 12-month period from July 1 through June 30 in which the Secretary may levy assessments on for-profit institutions of higher education as provided in this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(4)"> <text>Discharge.</text> <paragraph num="(a)"> <text>“Discharge” means the release of a borrower from the obligation to repay his or her loan for any reason.</text> </paragraph> <paragraph num="(b)"> <text>“Discharge” includes, but is not limited to:</text> <paragraph num="(i)"> <text>Loan forgiveness;</text> </paragraph> <paragraph num="(ii)"> <text>A discharge through the Closed School Discharge program or the Borrower Defense to Repayment program of the USED; and</text> </paragraph> <paragraph num="(iii)"> <text>Loan forgiveness or discharge through the federal Department of Veterans Affairs, federal Department of Defense, or any other federal agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Financial guarantee” means a performance bond, or irrevocable letter of credit, in the form and amount the Secretary requires.</text> </paragraph> <paragraph num="(6)"> <text>“For-profit institution of higher education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Fund” means the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education.</text> </paragraph> <paragraph num="(8)"> <text>Lender.</text> <paragraph num="(a)"> <text>“Lender” means an entity, institution, or government that lends funds to a student, or on behalf of a student, to pay for charges for tuition or fees.</text> </paragraph> <paragraph num="(b)"> <text>“Lender” includes:</text> <paragraph num="(i)"> <text>A bank, mutual savings bank, savings and loan association, or credit union that is subject to examination and supervision in its capacity as a lender by an agency of the United States or of the state in which its principal place of operation is located;</text> </paragraph> <paragraph num="(ii)"> <text>A pension fund that is subject to examination and supervision by an agency of the United States or a state;</text> </paragraph> <paragraph num="(iii)"> <text>An insurance company that is subject to examination and supervision by an agency of the United States or a state;</text> </paragraph> <paragraph num="(iv)"> <text>In any state, a single agency of the state or a single private nonprofit agency designated by the state to lend funds to a student or manage student loan debt;</text> </paragraph> <paragraph num="(v)"> <text>For purposes of purchasing and holding loans made by other lenders, a student loan marketing association or an agency of any state or the federal government functioning as a secondary market; or</text> </paragraph> <paragraph num="(vi)"> <text>The USED, federal Department of Veterans Affairs, federal Department of Defense, and any other federal agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Loan servicer” means an entity that collects payments, responds to customer service inquiries, and performs other administrative tasks associated with maintaining a student loan on behalf of a lender.</text> </paragraph> <paragraph num="(10)"> <text>“Non-Title IV adjusted gross tuition and fees” means a school’s adjusted gross tuition and fees minus the amount of Title IV federal financial aid received by the school on behalf of its students.</text> </paragraph> <paragraph num="(11)"> <text>“School” means a for-profit institution of higher education that has received a certificate of approval from the Commission.</text> </paragraph> <paragraph num="(12)"> <text>“Secretary” means the Maryland Secretary of Higher Education.</text> </paragraph> <paragraph num="(13)"> <text>“Student” means an individual who resided in Maryland at the time the individual was enrolled in a school.</text> </paragraph> <paragraph num="(14)"> <text>“Student records” means:</text> <paragraph num="(a)"> <text>A student’s academic record;</text> </paragraph> <paragraph num="(b)"> <text>A student’s account ledger;</text> </paragraph> <paragraph num="(c)"> <text>Evidence of compliance with the school’s admissions requirements;</text> </paragraph> <paragraph num="(d)"> <text>Credit granted for previous academic work;</text> </paragraph> <paragraph num="(e)"> <text>Date of admission, start dates, and withdrawal or completion dates;</text> </paragraph> <paragraph num="(f)"> <text>Reasons for withdrawals, when known;</text> </paragraph> <paragraph num="(g)"> <text>Student transcripts indicating achievements;</text> </paragraph> <paragraph num="(h)"> <text>Tuition and financial aid records, when applicable; and</text> </paragraph> <paragraph num="(i)"> <text>Any other information usually required by institutions of postsecondary education when considering a student for transfer, acceptance of credit, or advanced study.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>Tuition and Fees</text> <paragraph num="(a)"> <text>“Tuition and fees” means all funds paid by or on behalf of a student for charges assessed by a school for providing an instructional program or course.</text> </paragraph> <paragraph num="(b)"> <text>“Tuition and fees” includes charges assessed for the use of equipment, materials, or supplies that are assessed against all students in the same course or program.</text> </paragraph> <paragraph num="(c)"> <text>“Tuition and fees” does not include charges for materials, supplies, or books that have been purchased by, and are the property of, the student.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“USED” means the United States Department of Education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fund Established."> <text>There is a Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Uses of the Fund."> <paragraph num="A."> <text>The Fund shall be used:</text> <paragraph num="(1)"> <text>In the event of a school closure, to provide a full refund of tuition and fees incurred by a student that have not been reimbursed or discharged;</text> </paragraph> <paragraph num="(2)"> <text>Subject to §B of this regulation, to provide a refund, as determined by the Secretary, of tuition and fees incurred by a student that have not been reimbursed or discharged, if the school fails to:</text> <paragraph num="(a)"> <text>Faithfully comply with all agreements and contracts that it makes with a student; or</text> </paragraph> <paragraph num="(b)"> <text>Comply with any provision of Education Article, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For any other reason directly related to the original purpose of the Fund deemed appropriate by the Secretary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Prior to making a claim under §A(2) of this regulation, a student shall follow the complaint process of the school. If the school does not respond within 30 days after its receipt of a complaint, the student may file a claim under Regulation .08 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Financial Guarantee and Potential Guaranty Fund Assessment."> <paragraph num="A."> <text>Each school shall:</text> <paragraph num="(1)"> <text>As prescribed by Regulation .06 of this chapter, provide a financial guarantee to the Commission; and</text> </paragraph> <paragraph num="(2)"> <text>As prescribed by Regulation .07 of this chapter, pay an assessment, if one is levied by the Secretary, into the Fund.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Secretary may not issue a certificate of approval to, and may revoke any certificate of approval previously issued to, a school that fails to comply with the requirements of §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Requirements for the Financial Guarantee."> <paragraph num="A."> <text>Subject to §E of this regulation, each school annually shall provide the financial guarantee described in §§B and C of this regulation.</text> </paragraph> <paragraph num="B."> <text>A financial guarantee:</text> <paragraph num="(1)"> <text>Shall be in the form and amount the Secretary requires, which shall be no less than the amount described in §C of this regulation, and may be greater than the amount described in §C of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Shall be between the Commission and the surety;</text> </paragraph> <paragraph num="(3)"> <text>Shall be made payable to the Secretary on behalf of the Commission; and</text> </paragraph> <paragraph num="(4)"> <text>Shall be made under the terms and conditions determined by the Secretary, including the conditions that the institution will:</text> <paragraph num="(a)"> <text>Faithfully comply with all agreements and contracts that it makes with a student; and</text> </paragraph> <paragraph num="(b)"> <text>Comply with Education Article, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Amount of Guarantee.</text> <paragraph num="(1)"> <text>By each December 1, a school shall provide to the Commission a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary may require a school to increase the amount of the school's financial guarantee pursuant to Education Article, §11-203, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Fund Accounting, Annual Assessment, and Special Assessment."> <paragraph num="A."> <text>The Secretary may make an accounting of the Fund as appropriate.</text> </paragraph> <paragraph num="B."> <text>Notwithstanding any other provision of this chapter, the Secretary may issue an annual assessment to each school. An annual assessment shall be based on a percentage of a school’s tuition and fees, for a school year determined by the Secretary, and shall be paid to the Commission by the date determined by the Secretary.</text> </paragraph> <paragraph num="C."> <text>If the monies in the Fund are insufficient to pay pending claims, the Secretary may issue a special assessment, in addition to any annual assessment, and each school shall pay the special assessment amount as determined by the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Filing Claims."> <paragraph num="A."> <text>A student shall file a claim within 3 years of the date the student knew, or reasonably should have known, of facts that might entitle the student to an award under Regulation .04A of this chapter. Claims filed after that date may not be considered, unless the Secretary determines that there are extenuating circumstances that justify or excuse the late filing. In the event of a school closure, claims shall be filed within 3 years of the date of the school’s closure, unless the Secretary determines that there are extenuating circumstances that justify or excuse a late filing.</text> </paragraph> <paragraph num="B."> <text>A student making a claim against the Fund shall submit a First Report of Claim Form, prepared by the Secretary and published on the Commission’s website, which shall require the student to submit, at a minimum, the following information:</text> <paragraph num="(1)"> <text>The student’s:</text> <paragraph num="(a)"> <text>Complete name at the time of enrollment and, if different, the student’s current name;</text> </paragraph> <paragraph num="(b)"> <text>Date of birth;</text> </paragraph> <paragraph num="(c)"> <text>Current home address;</text> </paragraph> <paragraph num="(d)"> <text>Current mailing address;</text> </paragraph> <paragraph num="(e)"> <text>Telephone number or numbers;</text> </paragraph> <paragraph num="(f)"> <text>Current email address;</text> </paragraph> <paragraph num="(g)"> <text>Social Security number;</text> </paragraph> <paragraph num="(h)"> <text>Program of study;</text> </paragraph> <paragraph num="(i)"> <text>Degree, certificate, or other award obtained or sought; and</text> </paragraph> <paragraph num="(j)"> <text>Dates of enrollment at the school;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The name and campus location of the school against which the claim is made;</text> </paragraph> <paragraph num="(3)"> <text>The basis for the claim, specifying if the claim is based on the:</text> <paragraph num="(a)"> <text>School’s closure;</text> </paragraph> <paragraph num="(b)"> <text>School’s failure to faithfully comply with all agreements and contracts that it makes with the student; or</text> </paragraph> <paragraph num="(c)"> <text>School’s failure to comply with a provision of Education Article, Annotated Code of Maryland;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A statement detailing the student’s effort to resolve the claim with the school, including any relevant documentation;</text> </paragraph> <paragraph num="(5)"> <text>A statement of the remedy requested; and</text> </paragraph> <paragraph num="(6)"> <text>A signed statement, compliant with State and federal privacy laws, that the student authorizes representatives of the school, lenders, the USED, and loan servicers to release any and all records, including educational and financial records, to the Secretary in the course of the Secretary’s investigation of the claim.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A student who has submitted a claim shall update the Secretary of any change in name, mailing address, email address, or phone number.</text> </paragraph> <paragraph num="D."> <text>Loan Discharge Request.</text> <paragraph num="(1)"> <text>A student shall request that the USED and, if applicable, its loan servicer, discharge all or part of the student’s loan if:</text> <paragraph num="(a)"> <text>The student’s claim is based on a school’s closure; and</text> </paragraph> <paragraph num="(b)"> <text>The student is indebted to the USED for monies used to pay tuition and fees to the school.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A student’s claim against the Fund for tuition and fees that are subject to discharge may not be processed until the student provides the Secretary with evidence from the USED or loan servicer, as applicable, of a final decision on the student’s loan discharge request.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary may require that a student request a loan discharge in other circumstances prior to adjudicating the claim.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Secretary may seek information needed to process a claim directly from a school, lender, loan servicer, or the USED.</text> </paragraph> <paragraph num="F."> <text>Notwithstanding any other provision, a student’s failure to comply with this regulation or to supply any information requested by the Secretary during an investigation or adjudication of a claim may result in a partial or complete denial of a claim.</text> </paragraph> <paragraph num="G."> <text>The Secretary may require that a student submit information in addition to the First Report of Claim Form, including but not limited to:</text> <paragraph num="(1)"> <text>Facts and documents that support the claim;</text> </paragraph> <paragraph num="(2)"> <text>An explanation of how the school’s actions injured or damaged the student;</text> </paragraph> <paragraph num="(3)"> <text>The student’s complete transcript, reflecting any degrees, certificates, or other awards received;</text> </paragraph> <paragraph num="(4)"> <text>The student’s financial statement of account with the school, or other documents that indicate charges and payments for tuition and fees;</text> </paragraph> <paragraph num="(5)"> <text>A copy of the student’s request that the USED or loan servicer discharge all or a portion of the student’s loans; and</text> </paragraph> <paragraph num="(6)"> <text>The names of all lenders or loan servicer to whom the Student is indebted for tuition assistance, and the account and current contact information for each.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Claim Adjudication."> <paragraph num="A."> <text>The Secretary may determine the scope of investigation necessary to adjudicate a claim.</text> </paragraph> <paragraph num="B."> <text>The Secretary may request information and records from the student, school, lenders, loan servicers, the USED, and others as needed in the Secretary’s judgment.</text> </paragraph> <paragraph num="C."> <text>The Secretary shall determine whether to approve or deny a claim.</text> </paragraph> <paragraph num="D."> <text>If a claim is approved, the Secretary shall determine the:</text> <paragraph num="(1)"> <text>Amount to be awarded;</text> </paragraph> <paragraph num="(2)"> <text>Time, place, and manner of payment;</text> </paragraph> <paragraph num="(3)"> <text>Conditions upon which payment shall be made; and</text> </paragraph> <paragraph num="(4)"> <text>Order in which payments shall be made.</text> </paragraph> </paragraph> <paragraph num="E."> <text>In determining whether to grant or deny a claim and the amount to be awarded for an approved claim, the Secretary may consider the:</text> <paragraph num="(1)"> <text>Basis of the claim;</text> </paragraph> <paragraph num="(2)"> <text>Evidence obtained in the investigation;</text> </paragraph> <paragraph num="(3)"> <text>Damages or injuries sustained by the student as a result of the school’s actions;</text> </paragraph> <paragraph num="(4)"> <text>Student’s participation in a transfer program or teach-out;</text> </paragraph> <paragraph num="(5)"> <text>Student’s progress toward or receipt of a degree, certificate, or other terminal award;</text> </paragraph> <paragraph num="(6)"> <text>Length of any break in the student’s attendance and the reason;</text> </paragraph> <paragraph num="(7)"> <text>School’s efforts to resolve the claim;</text> </paragraph> <paragraph num="(8)"> <text>Amount available and likely to become available to the Fund for payments of claims;</text> </paragraph> <paragraph num="(9)"> <text>Size and number of claims filed or likely to be filed against the school; and</text> </paragraph> <paragraph num="(10)"> <text>Past decisions on similar claims.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Claim Based on School Closure.</text> <paragraph num="(1)"> <text>If a claim is based on a school’s closure, the student shall be presumed to have incurred no damages or injuries for tuition and fees if the:</text> <paragraph num="(a)"> <text>Student was awarded the degree, certificate, or other award that the student sought;</text> </paragraph> <paragraph num="(b)"> <text>Student participates in a teach-out or transfer program as approved by the Secretary;</text> </paragraph> <paragraph num="(c)"> <text>Student’s loan is discharged or eligible for discharge; or</text> </paragraph> <paragraph num="(d)"> <text>Claim is for tuition and fees applicable to a semester or term other than the one in which the school closed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A student may overcome the presumption in §F(1) of this regulation by providing proof of damages or injuries notwithstanding the receipt of an award, successful participation in a teach-out or transfer program, or loan discharge.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Notwithstanding any other provision of this chapter, a student may not receive an award for loan amounts that have been or are eligible for discharge.</text> </paragraph> <paragraph num="H."> <text>Payment Due to School Closure.</text> <paragraph num="(1)"> <text>If the Secretary awards payment to a student because of a school closure, the payment shall first be made to a lender or loan servicer, as applicable, as repayment of the student’s debt to the lender for that portion of the indebtedness that pertains to tuition and fees.</text> </paragraph> <paragraph num="(2)"> <text>As a condition of payment, the lender or loan servicer shall update the student’s credit reports to reflect full or partial satisfaction of the debt, as applicable, and forward confirmation of the update to the Secretary.</text> </paragraph> <paragraph num="(3)"> <text>Upon the request and written authorization of the student, the Secretary may attempt to have the lender or loan servicer discharge all or a portion of the student’s debt.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The Secretary’s decision on a claim shall be in writing and mailed to the student and school and shall become final 30 days after the date of the Secretary’s determination unless the student, within the 30-day period, files with the Secretary a written request for reconsideration. The written request shall contain evidence that supports a request for reconsideration. The Secretary’s decision on reconsideration is final.</text> </paragraph> <paragraph num="J."> <text>A claimant or other person does not have any right in the Fund as beneficiary or otherwise.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Administration of the Fund."> <paragraph num="A."> <text>The Secretary shall administer the Fund as follows:</text> <paragraph num="(1)"> <text>Monetary payments into the Fund shall be made in the form of a check made payable to the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education;</text> </paragraph> <paragraph num="(2)"> <text>Monetary payments into the Fund shall be maintained by the State Comptroller, who shall deposit and invest the assets of the Fund. All interest or other return on the Fund shall be credited to the Fund;</text> </paragraph> <paragraph num="(3)"> <text>A penalty assessed against a school shall be deposited into the Fund;</text> </paragraph> <paragraph num="(4)"> <text>The assets of the Fund may not be expended for any purpose other than those specified under Regulation .04A of this chapter; and</text> </paragraph> <paragraph num="(5)"> <text>The Fund shall be a continuing, nonlapsing fund. Any unspent portion of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in Regulation .04A of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission is subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the Fund.</text> </paragraph> <paragraph num="C."> <text>When a claim is approved, the Secretary, as agent for the Fund, shall be subrogated in writing to the amount of the claim. The Secretary is authorized to take all steps necessary to perfect the subrogation rights before the claim is paid. If payment of a school’s obligation is made from the Fund, the Secretary may seek repayment of the sums from the school or another responsible person or entity. This provision is enforced through the Office of the Attorney General.</text> </paragraph> <paragraph num="D."> <text>The Secretary may appoint an advisory council to whom the Secretary may refer matters pertaining to the Fund.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Reporting."> <paragraph num="A."> <text>Each school shall file with the Secretary by November 1 of each year:</text> <paragraph num="(1)"> <text>A copy of the school's most recent audited financial statement;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the school's most recent pro-forma statement; and</text> </paragraph> <paragraph num="(3)"> <text>A Financial Reporting Form, as prescribed by the Secretary, that requires, at a minimum, the following information for the most recent year beginning July 1 and ending June 30:</text> <paragraph num="(a)"> <text>The total number of students enrolled in the school;</text> </paragraph> <paragraph num="(b)"> <text>The total amount of adjusted tuition and fees;</text> </paragraph> <paragraph num="(c)"> <text>The total amount of non-Title IV adjusted gross tuition and fees;</text> </paragraph> <paragraph num="(d)"> <text>If applicable under Regulation .14 of this chapter, the percentages of revenue from federal and non-federal funds most recently reported to the U.S. Department of Education under 34 CFR §668.28; and</text> </paragraph> <paragraph num="(e)"> <text>A declaration signed and dated by the chief executive officer of the school under penalty of perjury that the information in the Financial Reporting Form and any attachments are true and correct.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The timely filing of the reports in §A of this regulation is a condition of a school's continued approval to operate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Notice to Students."> <text>Each school shall include the following statement in its student contract, enrollment agreement, and course catalog: “A student may be entitled to make a claim against the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education (“Student Tuition Fund”) in the case of certain events, including a school closure. The Student Tuition Fund is administered by the Maryland Higher Education Commission. Information about the Student Tuition Fund and instructions for filing a claim may found in Regulations 13B.02.06.01 through .13 of the Code of Maryland Regulations or by contacting the Maryland Higher Education Commission.”</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Orderly Closure and Teach-Outs."> <paragraph num="A."> <text>Financial Guarantee.</text> <paragraph num="(1)"> <text>In addition to the requirements of Regulation .05 of this chapter, a school shall provide to the Commission a financial guarantee in the amount of $100,000 as security for its performance of duties and responsibilities under this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary may not issue a certificate of approval, and may revoke any certificate of approval previously issued, to a school that fails to provide a financial guarantee as required in this regulation.</text> </paragraph> <paragraph num="(3)"> <text>If a school does not comply with the provisions of this regulation, the Secretary may utilize the school’s financial guarantee to defray the costs and expenses incurred as a result.</text> </paragraph> <paragraph num="(4)"> <text>If a school fully and timely complies with the provisions of this regulation, as determined solely by the Secretary, the Secretary shall return the financial guarantee in full.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A school that decides to close shall immediately, and in any event within 3 business days of its decision to close, notify the Commission in writing of its intention to close and provide an initial closure plan. The initial closure plan shall include:</text> <paragraph num="(1)"> <text>The exact date the school will close and reason for the closure;</text> </paragraph> <paragraph num="(2)"> <text>The last date of instruction for each educational service or program;</text> </paragraph> <paragraph num="(3)"> <text>Notice of whether branch campuses of the institution will close or remain open;</text> </paragraph> <paragraph num="(4)"> <text>If known, notice of whether the school will provide teach-out arrangements; and</text> </paragraph> <paragraph num="(5)"> <text>A list of all students who were enrolled at any time during the 120 days prior to the date of the decision to close.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A school that decides to close shall, within 10 business days of its decision to close, provide to the Commission a final closure plan that includes:</text> <paragraph num="(1)"> <text>A timeline for the transfer of all student records to the Commission;</text> </paragraph> <paragraph num="(2)"> <text>A list of all students who were enrolled at any time during the 120 days prior to the date of the decision to close that includes:</text> <paragraph num="(a)"> <text>The student’s full name at the time of enrollment and any name changes submitted by the student;</text> </paragraph> <paragraph num="(b)"> <text>The student’s current enrollment status; and</text> </paragraph> <paragraph num="(c)"> <text>The student’s last known mailing address, email address, and phone numbers;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An explanation of how and when the school will notify all students of their rights and options under federal student financial aid programs and this regulation; and</text> </paragraph> <paragraph num="(4)"> <text>For any student who will not be provided a complete educational program:</text> <paragraph num="(a)"> <text>A plan for providing teach-outs or transfers, including details and documentation of any agreements with other institutions; or</text> </paragraph> <paragraph num="(b)"> <text>If no teach-out is contemplated, or for students who do not wish to participate in a teach-out, a plan for making applicable refunds to students within 45 days from the date of closure.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>If a school closes, prior to the date of closure it shall deliver to the Secretary electronic copies, if available, of the student records for all current and former students. If electronic copies do not exist, the school shall deliver the originals or paper copies of the records.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Revenue Requirements for Certain Institutions."> <paragraph num="A."> <text>In this regulation, “year” means July 1 through the following June 30.</text> </paragraph> <paragraph num="B."> <text>This regulation applies to schools that:</text> <paragraph num="(1)"> <text>Are approved to operate in Maryland under COMAR 13B.02.01 or COMAR 13B.02.02;</text> </paragraph> <paragraph num="(2)"> <text>Are for-profit institutions;</text> </paragraph> <paragraph num="(3)"> <text>Participate in and receive funds through Title IV of the federal Higher Education Act of 1965; and</text> </paragraph> <paragraph num="(4)"> <text>Are approved by the Commission, in its role as State Approving Agency, to enroll students who receive financial assistance for education under the federal Post-9/11 Veterans Educational Assistance Act of 2008.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A school described under §B of this regulation may not enroll new Maryland residents unless the percentage of annual revenue from non-federal funds that has been or will be reported to the U.S. Department of Education under 34 CFR §668.28 in 2 of the 3 immediately preceding years is at least 10 percent.</text> </paragraph> <paragraph num="D."> <text>Institutional Responsibility.</text> <paragraph num="(1)"> <text>Annually and as part of an institution’s report submitted under Regulation .11 of this chapter, an institution described in §B of this regulation shall:</text> <paragraph num="(a)"> <text>Provide to the Secretary, in the form and manner requested by the Secretary, the percentages of revenue from federal and non-federal funds most recently reported to the U.S. Department of Education under 34 CFR §668.28; and</text> </paragraph> <paragraph num="(b)"> <text>Review the percentages provided under §D(1)(a) of this regulation and the percentages reported in the 2 preceding years to determine if the institution has met the revenue requirements in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An institution that determines that it has not met the revenue requirements in §C of this regulation shall:</text> <paragraph num="(a)"> <text>Immediately cease enrollment of new Maryland residents;</text> </paragraph> <paragraph num="(b)"> <text>Immediately notify the Secretary; and</text> </paragraph> <paragraph num="(c)"> <text>No more than 30 days after notifying the Secretary, submit a plan to the Secretary outlining the steps the institution will take to come into compliance with the revenue requirements in §C of this regulation by the date the institution’s next report to the U.S. Department of Education under 34 CFR §668.28 is due.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Enforcement by Secretary.</text> <paragraph num="(1)"> <text>The Secretary annually shall review an institution’s three most recent revenue percentages provided under §D of this regulation to determine if an institution has complied with this regulation and Education Article, §11-210, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary may issue an order to any institution in violation of this regulation or Education Article, §11-210, Annotated Code of Maryland, to cease and desist enrollment and may impose a fine of up to $5,000.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary is not prohibited from employing any other enforcement mechanism permitted by this chapter or Education Article, Title 11, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Subsequent Compliance.</text> <paragraph num="(1)"> <text>An institution in violation of this regulation may, upon submission of its next revenue percentage under §D of this chapter, submit a written request to the Secretary to determine if the institution has come into compliance.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary shall make a determination within 15 days of any request made under §F(1) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>An institution in violation of this regulation may not enroll new Maryland residents until the Secretary has notified the institution, in writing, that it is in compliance with this section.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 11-203, and 11-210, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 15, 2018 (45:1 Md. R. 14)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 19, 2018 (45:23 Md. R. 1071)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective November 19, 2018 (45:23 Md. R. 1071)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 21, 2023 (50:16 Md. R. 727)</annotation> </annotations> </chapter> </subtitle> <subtitle num="03" heading="Fire-Rescue Education and Training Commission"> <chapter num="01" heading="Certification Standards and Procedures for Emergency Services Instructors"> <regulation prefix="Regulation" num=".01" heading="Incorporation by Reference."> <text>NFPA 1041 Standard for Fire and Emergency Services Instructor Professional Qualifications (National Fire Protection Association, 2019 Edition) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Application process” means the date the Application for State Emergency Services Instructor Certification or Recertification is received from the sponsoring agency by the MICRB.</text> </paragraph> <paragraph num="(2)"> <text>“Approval” means approval as statutorily applied to the Maryland Fire-Rescue Education and Training Commission (MFRETC) as an agency of the Maryland Higher Education Commission (MHEC), under Education Article, §11-105, Annotated Code of Maryland, before a postsecondary institution can award a certificate, diploma, or degree to an individual.</text> </paragraph> <paragraph num="(3)"> <text>“Certification” means to verify that an individual has met the requirements of these standards.</text> </paragraph> <paragraph num="(4)"> <text>“Emergency services” means fire, rescue, and emergency medical services, with emergency medical services also meaning “emergency care” as related to training.</text> </paragraph> <paragraph num="(5)"> <text>“Field evolutions” means a structured training exercise designed to complete a specific training objective.</text> </paragraph> <paragraph num="(6)"> <text>“Local emergency services instructor” means an individual who is designated to instruct by the local jurisdiction.</text> </paragraph> <paragraph num="(7)"> <text>“Local jurisdiction” means any city, county, municipal, or State government, public fire-rescue or emergency medical services department, State-approved public school, or postsecondary institution providing emergency services training or education, and other institutions as approved by the Maryland Instructor Certification Review Board (MICRB).</text> </paragraph> <paragraph num="(8)"> <text>“Maryland Instructor Certification Review Board (MICRB)” means an independent five-member board created as a unit within the University System of Maryland which is responsible for the administration of the Emergency Services Instructor Certification Program and the issuance of certificates under that program.</text> </paragraph> <paragraph num="(9)"> <text>“Sponsoring agency” means a local jurisdiction submitting a candidate for certification.</text> </paragraph> <paragraph num="(10)"> <text>“State emergency services instructor” means an individual who is certified to be an emergency services instructor by the MICRB.</text> </paragraph> <paragraph num="(11)"> <text>“Supporting services” means nonteaching support rendered in the emergency services area, usually in an administrative or communication capacity in the career or volunteer service.</text> </paragraph> <paragraph num="(12)"> <text>“Training supervisor” means an individual who is a MICRB certified State emergency services instructor and who directly supervises certified State emergency services instructors on a full-time basis.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="State Emergency Services Instructor Certification Standard."> <paragraph num="A."> <text>The objective of this certification system is to provide the emergency services of the State with a competent instructor. When certified, the instructor shall provide instruction and training in one or more of the emergency services disciplines.</text> </paragraph> <paragraph num="B."> <text>Advanced life support program coordinators and medical directors functioning under COMAR 30.04 shall ensure that individuals providing instruction as faculty have appropriate educational credentials in addition to subject matter expertise. In addition, the Maryland Institute for Emergency Medical Services Systems (MIEMSS) shall ensure that educational program faculty qualifications are consistently applied Statewide via the Advanced Life Support Educational Program approval process.</text> </paragraph> <paragraph num="C."> <text>Instructor certification is granted by the Maryland Instructor Certification Review Board.</text> </paragraph> <paragraph num="D."> <text>The State emergency services instructor standards apply to faculty employed by a public or private postsecondary institution, including degree-granting institutions teaching credit courses in emergency services programs whose students are to be qualified as emergency services personnel serving the public.</text> </paragraph> <paragraph num="E."> <text>Six Sequential Stages of Instructor Candidate System.</text> <paragraph num="(1)"> <text>Expression of Interest.</text> <paragraph num="(a)"> <text>This first stage identifies emergency service personnel who meet specific entry level criteria and indicate their interest in the program to a sponsoring agency as defined in Regulation .02B of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>The candidate shall:</text> <paragraph num="(i)"> <text>Be 21 years old or older;</text> </paragraph> <paragraph num="(ii)"> <text>Have a high school diploma or general education diploma (GED) verified by the sponsoring agency;</text> </paragraph> <paragraph num="(iii)"> <text>Have 3 years of experience in the emergency services;</text> </paragraph> <paragraph num="(iv)"> <text>Possess the ability to perform all tasks required for the teaching; and</text> </paragraph> <paragraph num="(v)"> <text>Complete an approved training program in the area of instruction.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Selection Process. The MICRB recognizes the need for a candidate selection process. The sponsoring agency is encouraged to use the means it considers appropriate in assessing candidate eligibility. While the development and use of a screening mechanism is the responsibility of the sponsoring agency, it is suggested that the process provide a means of assessing the candidate's field knowledge, reading comprehension, verbal ability, mathematical ability, and mechanical aptitude.</text> </paragraph> <paragraph num="(3)"> <text>Instructor Training.</text> <paragraph num="(a)"> <text>The approved instructor training program consists of sequential instruction and is designed to impart knowledge and skills necessary for the candidate to perform duties as an instructor. The scope of the training shall include instructor roles and responsibilities, lesson planning, domains of learning, learning styles, goals and objectives, communication skills, diversity, legal issues, student evaluation, and basic course designs. Evaluation shall be accomplished by written examinations and instructor performance evaluations.</text> </paragraph> <paragraph num="(b)"> <text>The instructor training program shall fulfill the professional requirements and qualifications in Regulation .13 of this chapter, as taught by an instructor trainer approved by the MICRB. The course shall also include an examination at the end of each course, performance evaluations, and performance testing items to be completed before the end of the course. The MICRB may consider credentials of a degreed applicant verified by a sponsoring agency as having completed this requirement. Evidence of academic achievement in the field of education (adult education preferred) shall be submitted to the MICRB.</text> </paragraph> <paragraph num="(c)"> <text>The instructor candidate may fulfill the instructor training requirement by completing a nationally recognized instructor training course approved by the MICRB.</text> </paragraph> <paragraph num="(d)"> <text>An Instructor I training program shall be taught by an MICRB-approved State emergency services instructor approved as an instructor evaluator or instructor trainer. An Instructor II training program shall be taught by an MICRB-approved State emergency services instructor trainer.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Skills Development.</text> <paragraph num="(a)"> <text>When a candidate successfully completes instructor training, the sponsoring agency shall conduct a skills development program. A date, place, and time shall be planned and a program shall be coordinated.</text> </paragraph> <paragraph num="(b)"> <text>This program shall:</text> <paragraph num="(i)"> <text>Be at least 12 hours;</text> </paragraph> <paragraph num="(ii)"> <text>Be designed to unite practical instruction to specific field evolutions; and</text> </paragraph> <paragraph num="(iii)"> <text>Afford an opportunity to demonstrate performance instruction techniques.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The instructional period shall be planned and supervised by certified instructors who may be primarily responsible for the particular discipline or specialty.</text> </paragraph> <paragraph num="(d)"> <text>The training is to be specialized.</text> </paragraph> <paragraph num="(e)"> <text>Performance evaluations are to be conducted and provided to the instructor candidate.</text> </paragraph> <paragraph num="(f)"> <text>In lieu of the prescribed skills development program, the MICRB may consider credentials, experience, or another such program.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Practice Teaching.</text> <paragraph num="(a)"> <text>The candidate, after successful completion of skills development, is required to practice teach a minimum of two 3-hour sessions or classes which include one cognitive information session and one practical skill session, and shall receive a satisfactory evaluation for each class. The teaching shall be performed under the continuous direct supervision of a certified State emergency services instructor. A certified State emergency services instructor approved as an evaluator shall perform the evaluation of this training.</text> </paragraph> <paragraph num="(b)"> <text>Practice teaching provides the instructor candidate with an opportunity to teach, following instructor training, under actual conditions. This on-the-job instruction consists of two 3-hour segments as described in §E(5)(a) of this regulation and shall be evaluated by an approved MICRB evaluator pursuant to Regulation .09B of this chapter. To ensure that the practice instruction is of the highest possible quality and is meeting the lesson objectives, a three-step process shall be used for evaluation purposes, which consists of observation, written evaluation, and a supervisory conference.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Interim Student Teaching.</text> <paragraph num="(a)"> <text>Interim student teaching provides the instructor candidate an opportunity to teach a complete course of instruction with some supervision. During this stage, two evaluations shall be made by MICRB-approved evaluators or instructor trainers approved by the MICRB. The completed evaluations shall become part of the total certification requirements.</text> </paragraph> <paragraph num="(b)"> <text>The candidate shall teach a minimum of 60 clock hours and receive two consecutive satisfactory evaluations from two different MICRB-approved evaluators or instructor trainers approved by the MICRB. Each evaluator shall be from a local jurisdiction or sponsoring agency different from the other.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Application for Certification.</text> <paragraph num="(1)"> <text>After the teaching assignment is completed, each candidate's file shall be reviewed by the sponsoring agency representative, who shall make appropriate recommendations based upon the evaluation of the completion of the six stages.</text> </paragraph> <paragraph num="(2)"> <text>Application Process.</text> <paragraph num="(a)"> <text>To be considered for certification, the candidate shall submit an application for certification through the sponsoring agency to the MICRB on the form prescribed by the MICRB.</text> </paragraph> <paragraph num="(b)"> <text>A candidate shall complete the application process within 5 years of completion of an MICRB-approved instructor training course.</text> </paragraph> <paragraph num="(c)"> <text>If a candidate has completed the instructor training course between 5 and 10 years before beginning the application process, the candidate shall, in addition to the prescribed initial certification requirements, complete within 3 years of submitting their application 12 hours of approved instructor methodology as a corequisite to the initial completion process.</text> </paragraph> <paragraph num="(d)"> <text>If a candidate has completed the instructor training course more than 10 years before beginning the application process, the candidate shall be required to successfully complete:</text> <paragraph num="(i)"> <text>A current, MICRB-approved instructor training program; or</text> </paragraph> <paragraph num="(ii)"> <text>The Instructor Training Course Challenge process, as outlined in MICRBs policy on Instructor Training Course Challenge Criteria.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Term of Certification.</text> <paragraph num="(1)"> <text>State emergency services instructor certificates are valid for a period of 3 years from the date of approval by the MICRB.</text> </paragraph> <paragraph num="(2)"> <text>The sponsoring agency or employer, or both, shall determine what subject matter the State emergency services instructor is qualified to teach.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Recertification Process. The following process is to ensure that instructors continue to use up-to-date methods and information:</text> <paragraph num="(1)"> <text>Recertification shall be based on a 3-year cycle;</text> </paragraph> <paragraph num="(2)"> <text>The instructor shall teach a minimum of 60 hours during the 3-year period, or if a training supervisor, teach a minimum of 3 hours;</text> </paragraph> <paragraph num="(3)"> <text>The instructor or training supervisor shall receive a satisfactory teaching evaluation and no subsequent unsatisfactory evaluation from an approved MICRB evaluator during the 3-year period; and</text> </paragraph> <paragraph num="(4)"> <text>The instructor or training supervisor shall successfully complete 12 hours of professional development or continuing education in instructional methodology or training safety. A maximum of 6 hours of approved professional development can be in the area of training safety within the 3-year period.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Procedure for Reentering after Failing to Recertify.</text> <paragraph num="(1)"> <text>The following procedures are required for an individual who fails to recertify and wishes to reenter the teaching program within 3 years of the expiration of the individual's certification:</text> <paragraph num="(a)"> <text>The candidate shall submit correspondence to the sponsoring agency asking to reenter;</text> </paragraph> <paragraph num="(b)"> <text>As a minimum, the candidate shall have successfully completed all the requirements as listed in §H(2)(4) of this regulation within 3 years before the date of the application for reentry and shall receive a satisfactory teaching evaluation before the application may be submitted to the MICRB; and</text> </paragraph> <paragraph num="(c)"> <text>The sponsoring agency shall submit a recommendation with the application to reenter, and the MICRB shall review the information submitted by the sponsoring agency and take appropriate action.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual who has a certification lapse in excess of 3 years is required to meet initial certification requirements, beginning at the instructor training course.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Certification Standard Instructor Trainer."> <paragraph num="A."> <text>The candidate shall document instructional experience and formal education.</text> </paragraph> <paragraph num="B."> <text>Educational Requirements.</text> <paragraph num="(1)"> <text>To become certified as an emergency service instructor trainer in Maryland, an individual shall have completed:</text> <paragraph num="(a)"> <text>A baccalaureate or graduate degree in education or a related field from an accredited college or university; and</text> </paragraph> <paragraph num="(b)"> <text>3 years of teaching experience, which shall be documented as evidence of competence.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within the degree, or in addition to the degree, courses that cover the following topics are required:</text> <paragraph num="(a)"> <text>Methods of Teaching: using various teaching methodologies to enhance the classroom environment, such as lecture, case studies, technology, demonstration, group activities, and interactive discussions;</text> </paragraph> <paragraph num="(b)"> <text>Classroom Management: organizing the learning environment; maintaining motivation, interest, and discipline; attending to administrative detail, such as record keeping and scheduling; demonstrating leadership skills;</text> </paragraph> <paragraph num="(c)"> <text>Instructional Media: developing, selecting, and using training audio-visual aids and instructional technology appropriately;</text> </paragraph> <paragraph num="(d)"> <text>Speech and Communication: choosing, using, and defining terminology correctly, speaking from notes and extemporaneously, assuring understanding of explanations;</text> </paragraph> <paragraph num="(e)"> <text>Evaluation and Measurement: assigning scores and grades, using current technology to determine measures of central tendency and statistical results, interpreting results, revisions of exam questions as needed;</text> </paragraph> <paragraph num="(f)"> <text>Course Design and Lesson Planning: performing needs assessments and task analyses; creating instructional objectives; creating lesson plans and teaching materials that enhance student learning;</text> </paragraph> <paragraph num="(g)"> <text>Education Psychology and Learning Theories: identifying learning characteristics and learning styles; adjusting instruction to meet the social, psychological, and physiological needs of adult learners;</text> </paragraph> <paragraph num="(h)"> <text>Counseling and Guidance: counseling students first through informal steps (discussion and suggestions for correcting the problem) and formal steps (explanation of corrective steps and penalties or results for failure to comply accompanied by written notification to the student, student's supervisor, and the class file);</text> </paragraph> <paragraph num="(i)"> <text>Research and Administration or Training Administration: planning course schedules, instructor assignments, and faculty and equipment use, performing administrative tasks including managing and maintaining program schedules, instructor assignments, and records and reports, including course and student data, instructor support, and facility and equipment use;</text> </paragraph> <paragraph num="(j)"> <text>Instructor Management: performing instructor management tasks such as identifying instructor (personnel) needs, recruiting, selecting, and training or orienting, and evaluating instructors; and</text> </paragraph> <paragraph num="(k)"> <text>Design of Evaluation Tools or Principles of Teaching and Evaluation: using various written and skill testing instruments based on learning performance objectives.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Certification."> <paragraph num="A."> <text>Certification Criteria. A certificate for an individual approved as an instructor trainer is valid for 3 years after the date of approval by the MICRB, if the candidate:</text> <paragraph num="(1)"> <text>Meets the requirements as specified;</text> </paragraph> <paragraph num="(2)"> <text>Has evidence of academic achievement to meet these requirements documented by an official transcript from the college or university and has the institution send it to the MICRB;</text> </paragraph> <paragraph num="(3)"> <text>Has at least two satisfactory evaluations by a certified instructor trainer or individual designated by the MICRB before the evaluation; and</text> </paragraph> <paragraph num="(4)"> <text>Is recommended by the employing agency or agency having jurisdiction within the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the instructor trainer candidate is currently certified as a State emergency services instructor at the time of the candidate's initial certification as an instructor trainer, the instructor trainer certification will run concurrently with the State emergency services instructor certification.</text> </paragraph> <paragraph num="C."> <text>To retain approval, an instructor trainer shall teach at least 60 hours in a 3-year certification cycle, 30 of which shall be in instructor training, have at least one successful evaluation in the 3-year certification period by an approved instructor trainer, and complete one of the following requirements:</text> <paragraph num="(1)"> <text>Successfully complete a 3 credit-hour course in educational methodology, or the equivalent of 3 credit hours on in-service professional development;</text> </paragraph> <paragraph num="(2)"> <text>Successfully complete 12 hours of continuing education in an approved professional development seminar for instructors; or</text> </paragraph> <paragraph num="(3)"> <text>Research, develop, and teach a professional development seminar for instructors of at least 3 hours in length.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An instructor trainer who does not meet currency requirements may reapply after satisfactory completion of §C(1), (2), or (3) of this regulation and be recommended by the sponsoring agency. The MICRB shall review the entire file and may require the applicant to complete other certification requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Maryland Instructor Certification Review Board."> <paragraph num="A."> <text>The Maryland Higher Education Commission, through the Maryland Fire-Rescue Education and Training Commission, has established, under its authority, standards for certification of emergency services instructors.</text> </paragraph> <paragraph num="B."> <text>The process for issuing certificates under these standards is the responsibility of the Maryland Instructor Certification Review Board (MICRB).</text> </paragraph> <paragraph num="C."> <text>The MICRB is a unit within the University System of Maryland.</text> </paragraph> <paragraph num="D."> <text>The MICRB consists of five members appointed, effective July 1, for a 2-year term by the Chancellor of the University System of Maryland as follows:</text> <paragraph num="(1)"> <text>In even numbered years, one member recommended by the:</text> <paragraph num="(a)"> <text>Maryland Fire-Rescue Education and Training Commission, and</text> </paragraph> <paragraph num="(b)"> <text>Maryland Institute for Emergency Medical Services Systems;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In odd numbered years, one member recommended by the:</text> <paragraph num="(a)"> <text>Maryland Council of Fire and Rescue Academies,</text> </paragraph> <paragraph num="(b)"> <text>Maryland Fire and Rescue Institute, and</text> </paragraph> <paragraph num="(c)"> <text>Maryland State Firemen's Association.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Members appointed to the MICRB shall serve until such time as a successor has been appointed.</text> </paragraph> <paragraph num="F."> <text>The Chancellor of the University System of Maryland shall designate the chairman from among the appointees to the MICRB. The chairman shall serve at the pleasure of the Chancellor of the University System of Maryland.</text> </paragraph> <paragraph num="G."> <text>Each constituent organization shall also recommend an alternate representative to be appointed by the Chancellor of the University System of Maryland to serve in the absence of the regular member.</text> </paragraph> <paragraph num="H."> <text>The MICRB, through the Chancellor of the University System of Maryland, shall report to the MFRETC and the MHEC at least annually on the status of the instructor certification system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Maryland Instructor Certification Review Board Administration."> <paragraph num="A."> <text>General administration of the MICRB is vested in the Chancellor of the University System of Maryland.</text> </paragraph> <paragraph num="B."> <text>The MICRB shall act within the provisions of the Maryland instructor certification standards established for all State emergency services instructor, instructor evaluators, and instructor trainer certification candidates.</text> </paragraph> <paragraph num="C."> <text>Certificates shall bear the seal of the University System of Maryland and be signed by the Chancellor, the chairman of the MICRB, and the chief officer of the agency or organization proposing the certification.</text> </paragraph> <paragraph num="D."> <text>The MICRB shall approve all evaluators. Sponsoring agencies may submit candidates for consideration as evaluators. All evaluator candidates submitted by their sponsoring agency shall have successfully completed a MICRB-approved evaluator workshop prior to their recommendation and approval as an instructor evaluator.</text> </paragraph> <paragraph num="E."> <text>The MICRB shall set the term of an evaluator.</text> </paragraph> <paragraph num="F."> <text>The term of State emergency services instructors approved as evaluators shall be concurrent with their State emergency service instructor certification.</text> </paragraph> <paragraph num="G."> <text>An MICRB-approved instructor evaluator must administer at least one evaluation during the appointment period as a condition of reappointment as an instructor evaluator. An instructor evaluator not meeting this requirement must successfully complete an MICRB-approved evaluator workshop prior to being recommended and approved for reappointment.</text> </paragraph> <paragraph num="H."> <text>An instructor receiving initial certification as an MICRB-approved State emergency services instructor may not be approved as an instructor evaluator. An instructor must complete at least one certification cycle and successfully complete an MICRB-approved instructor evaluator workshop before becoming eligible for recommendation and approval as an instructor evaluator.</text> </paragraph> <paragraph num="I."> <text>The MICRB is the final authority in issuing, renewing, or revoking certificates.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Maryland Instructor Certification Review Board Meetings."> <paragraph num="A."> <text>The MICRB shall meet at least four times during the calendar year.</text> </paragraph> <paragraph num="B."> <text>Representation from three of the organizations shall constitute a quorum.</text> </paragraph> <paragraph num="C."> <text>In the absence of the chairman, another regular member shall act as chairman.</text> </paragraph> <paragraph num="D."> <text>The MICRB shall prepare the minutes of all meetings.</text> </paragraph> <paragraph num="E."> <text>The member representatives shall be the five individuals designated by the recommending organizations.</text> </paragraph> <paragraph num="F."> <text>The designated alternate shall vote only in the absence of a member.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Maryland Instructor Certification Review Board Operations."> <paragraph num="A."> <text>The MICRB shall maintain a current file of all MICRB certified instructors.</text> </paragraph> <paragraph num="B."> <text>The MICRB shall maintain a roster of certified State emergency services instructors currently approved by the MICRB as evaluators. The organizations represented on the MICRB may recommend evaluators. The MICRB shall approve evaluators who have been recommended and who have completed an MICRB endorsed evaluator workshop. Only MICRB approved evaluators may carry out required evaluations of student teaching activities.</text> </paragraph> <paragraph num="C."> <text>MICRB shall make available current lists of certified instructors, instructor trainers, and approved evaluators upon written request.</text> </paragraph> <paragraph num="D."> <text>An agency submitting applicants to the MICRB for certification as a State emergency services instructor, evaluator, or instructor trainer shall certify that the candidate has successfully completed each stage of the instructor-training approval process. The MICRB shall prepare and furnish standardized forms.</text> </paragraph> <paragraph num="E."> <text>The members, or alternates, in attendance at the MICRB meeting shall make certification decisions by a majority vote. The MICRB shall notify the applicant and sponsoring agency of the action within 30 calendar days following the meeting.</text> </paragraph> <paragraph num="F."> <text>An instructor candidate denied State certification or recertification by the MICRB may appeal the decision in writing. The candidate shall direct the appeal to the chairman of the MICRB within 30 calendar days from receipt of notification of action taken by the MICRB. If counsel represents the candidate, counsel shall advise the MICRB of the request for appeal.</text> </paragraph> <paragraph num="G."> <text>The MICRB shall hear the appeal at the next scheduled meeting, but not less than 30 calendar days, or more than 60 calendar days from the date of receipt of the appeal.</text> </paragraph> <paragraph num="H."> <text>The MICRB shall notify the instructor candidate of the date of the appeal hearing. The instructor candidate or counsel, or both, may attend the hearing.</text> </paragraph> <paragraph num="I."> <text>The MICRB shall notify the instructor candidate within 30 calendar days following the hearing, stating the final decision of the MICRB.</text> </paragraph> <paragraph num="J."> <text>The MICRB shall oversee the standards, ethics, and conduct of the State instructor certification process. The MICRB shall make recommendations to the MFRETC for modifications as needed.</text> </paragraph> <paragraph num="K."> <text>The Maryland Higher Education Commission shall approve the proposed amendments to the process and these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Maryland Instructor Certification Review Board Revocation Procedure."> <paragraph num="A."> <text>The MICRB shall only consider written requests for revocation. Requests for revocation shall be forwarded to the sponsoring agency for a response.</text> </paragraph> <paragraph num="B."> <text>MICRB may consider but not limit revocation for:</text> <paragraph num="(1)"> <text>Misconduct;</text> </paragraph> <paragraph num="(2)"> <text>Insubordination;</text> </paragraph> <paragraph num="(3)"> <text>Incompetency;</text> </paragraph> <paragraph num="(4)"> <text>Misrepresentation;</text> </paragraph> <paragraph num="(5)"> <text>Willful neglect of duty;</text> </paragraph> <paragraph num="(6)"> <text>Conviction of a felony;</text> </paragraph> <paragraph num="(7)"> <text>Conviction of a crime involving moral turpitude; and</text> </paragraph> <paragraph num="(8)"> <text>Failure to maintain required prerequisites for certification.</text> </paragraph> </paragraph> <paragraph num="C."> <text>MICRB shall make a preliminary decision to revoke certification by majority vote of the MICRB members present at the specific meeting at which charges are presented.</text> </paragraph> <paragraph num="D."> <text>Notice.</text> <paragraph num="(1)"> <text>Before revocation of certification, MICRB shall notify the State emergency services instructor or instructor trainer in writing by registered or certified mail sent to his or her address of record of the charges and of the preliminary revocation decision.</text> </paragraph> <paragraph num="(2)"> <text>The notice shall specify a date by which the State emergency services instructor or instructor trainer shall request, in writing, an appeal hearing. This due date may not be less than 30 calendar days from the date the MICRB mails the official notification.</text> </paragraph> <paragraph num="(3)"> <text>If an appeal hearing is not requested within the time permitted, the revocation becomes effective on the due date.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Appeal Hearing.</text> <paragraph num="(1)"> <text>Written appeal shall be received by the chairman of the MICRB not later than the date the revocation is to become effective.</text> </paragraph> <paragraph num="(2)"> <text>MICRB may not schedule an appeal hearing less than 30 calendar days, or more than 60 calendar days, after the written appeal is received by the chairman.</text> </paragraph> <paragraph num="(3)"> <text>The MICRB shall provide the appellant written notice of the hearing date not less than 15 calendar days in advance of the hearing.</text> </paragraph> <paragraph num="(4)"> <text>A quorum of the MICRB shall hear the individual, in person or by counsel. The individual may bring witnesses to the hearing.</text> </paragraph> <paragraph num="(5)"> <text>A decision to revoke is by majority vote of the MICRB members present at the appeal hearing.</text> </paragraph> <paragraph num="(6)"> <text>The MICRB shall provide to the appellant in writing the decision of the appeal hearing within 30 calendar days of the hearing.</text> </paragraph> <paragraph num="(7)"> <text>The MICRB shall set the terms of revocation.</text> </paragraph> <paragraph num="(8)"> <text>The decision of the MICRB is final and shall be communicated to the individual and the sponsoring agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Maryland Instructor Certification Review Board Staffing."> <paragraph num="A."> <text>The University System of Maryland Central Administration shall provide staff support to the MICRB through the Maryland Fire and Rescue Institute, subject to the approved budget.</text> </paragraph> <paragraph num="B."> <text>The MFRETC, the chief operating officers of the Maryland Fire and Rescue Institute and the Maryland Institute for Emergency Medical Services Systems, the chairman of the Maryland Council of Fire and Rescue Academies, and the president of the Maryland State Firemen's Association may designate a representative as staff liaison to the MICRB in carrying out the MICRB's staff responsibilities.</text> </paragraph> <paragraph num="C."> <text>The University System of Maryland shall reimburse members of the MICRB for expenses incurred in attending meetings. In its operating budget, the University System of Maryland shall provide for other necessary expenses incurred for the operations of the MICRB.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Review."> <paragraph num="A."> <text>The agencies and organizations represented on the MICRB shall review these regulations and certification authority every 2 years.</text> </paragraph> <paragraph num="B."> <text>MICRB shall submit proposed changes to these regulations in accordance with the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, and through the Board of Regents of the University System of Maryland and the Maryland Higher Education Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Local Emergency Service Instructor Standards."> <paragraph num="A."> <text>Except as set forth in §B of this regulation, the instructor candidate shall meet the requirements of NFPA 1041 Standard for Fire and Emergency Services Instructor Professional Qualifications, chapters 1—5.</text> </paragraph> <paragraph num="B."> <text>The instructor candidate may meet the requirements of a recognized instructor training agency or educational institution if the requirements:</text> <paragraph num="(1)"> <text>Cover all the elements specified in NFPA 1041 Standard for Fire and Emergency Services Instructor Professional Qualifications, chapters 1—5; and</text> </paragraph> <paragraph num="(2)"> <text>Have been approved by MICRB.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The instructor candidate shall demonstrate knowledge and skills based on the general categories of NFPA 1041 Standard for Fire and Emergency Services Instructor Professional Qualifications, chapters 1—5, and the requisite knowledge and skills of each section.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105 and Title 11, Subtitle 5, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 16, 1980 (7:9 Md. R. 848)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 13.50.03 to 13B.03.01</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed effective February 20, 1989 (16:3 Md. R. 346)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 adopted effective February 20, 1989 (16:3 Md. R. 346)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 repealed and new Regulations .01—.14 adopted effective July 1, 1996 (23:13 Md. R. 946)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective May 19, 1997 (24:10 Md. R. 711)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective May 19, 1997 (24:10 Md. R. 711)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 22, 2003 (30:25 Md. R. 1850)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 20, 2021 (48:19 Md. R. 803)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 22, 2007 (34:21 Md. R. 1917); April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 22, 2007 (34:21 Md. R. 1917); April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 22, 2007 (34:21 Md. R. 1917); June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, E amended effective September 20, 2021 (48:19 Md. R. 803)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective April 11, 2016 (43:7 Md. R. 451); September 20, 2021 (48:19 Md. R. 803)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 22, 2007 (34:21 Md. R. 1917)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective June 13, 2011 (38:12 Md. R. 706); April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective October 22, 2007 (34:21 Md. R. 1917); June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B, D amended effective October 22, 2007 (34:21 Md. R. 1917)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10D amended effective October 22, 2007 (34:21 Md. R. 1917)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective September 20, 2021 (48:19 Md. R. 803); August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective October 22, 2007 (34:21 Md. R. 1917); April 11, 2016 (43:7 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective October 22, 2007 (34:21 Md. R. 1917)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 repealed effective September 20, 2021 (48:19 Md. R. 803)</annotation> </annotations> </chapter> </subtitle> <subtitle num="04" heading="Rules of Procedure"> <chapter num="01" heading="Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to contested case hearings before the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="B."> <text>Hearings before an administrative law judge of the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure of the Office of Administrative Hearings in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative law judge” has the meaning stated in COMAR 28.02.01.02.</text> </paragraph> <paragraph num="(2)"> <text>“Authorized representative” means an attorney or, when permitted by applicable law, an individual designated by a party to represent the party.</text> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(4)"> <text>“Hearing” or “proceeding” means a contested case hearing as defined by the Administrative Procedure Act in State Government Article, §10-202(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>Institution of Postsecondary Education or Institution.</text> <paragraph num="(a)"> <text>“Institution of postsecondary education” or “institution” means a school or other institution that offers an educational program in the State for individuals who are 16 years old or older and who have graduated from or left elementary or secondary school.</text> </paragraph> <paragraph num="(b)"> <text>“Institution of postsecondary education” or “institution” does not include a program conducted by a public school system of the State or program subject to approval by the Apprenticeship and Training Council.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Party” means an individual, person, or agency, including the Secretary, named or admitted to participate in a hearing before the Secretary or the Commission.</text> </paragraph> <paragraph num="(7)"> <text>“Person” means an individual, general or limited partnership, joint stock company, unincorporated association or society, corporation, or other entity, including a public company, or an agency or instrumentality of federal, State, or local government.</text> </paragraph> <paragraph num="(8)"> <text>“Secretary” means the Secretary of Higher Education or a designee of the Secretary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Notice of the Right to a Hearing."> <paragraph num="A."> <text>If there is a statutory right to appeal an action of the Secretary or the Commission, the Secretary or the Commission, as appropriate, shall provide notice of that action in accordance with this regulation.</text> </paragraph> <paragraph num="B."> <text>The notice shall include:</text> <paragraph num="(1)"> <text>A statement of the factual basis for the action;</text> </paragraph> <paragraph num="(2)"> <text>A reference to the statutory or regulatory provision under which the action is being taken;</text> </paragraph> <paragraph num="(3)"> <text>A statement of the right to a hearing upon request;</text> </paragraph> <paragraph num="(4)"> <text>The authority of the Secretary or the Commission to hold the hearing;</text> </paragraph> <paragraph num="(5)"> <text>A statement of the time period within which a hearing shall be requested;</text> </paragraph> <paragraph num="(6)"> <text>A statement of the specific action a person is required to take in order to timely request a hearing; and</text> </paragraph> <paragraph num="(7)"> <text>A statement that unless a hearing is requested the intended action of the Secretary or the Commission shall become final and binding on all parties.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Request for a Hearing."> <paragraph num="A."> <text>A written request for a hearing shall be filed:</text> <paragraph num="(1)"> <text>Within the time period specified by relevant statute or regulation; or</text> </paragraph> <paragraph num="(2)"> <text>If no time period is otherwise specified, not later than 30 days from the date of the notice of the contested action.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A request for a hearing is considered filed on the earlier of the date the request is postmarked or when actually received by the Secretary or the Commission, as appropriate.</text> </paragraph> <paragraph num="C."> <text>The request shall include the following:</text> <paragraph num="(1)"> <text>The name, mailing address, and telephone number of the person filing the request and the person's authorized representative, if any;</text> </paragraph> <paragraph num="(2)"> <text>The action, sanction, decision, or order being appealed; and</text> </paragraph> <paragraph num="(3)"> <text>A brief statement of the basis for the request for appeal and other information required by law.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Incomplete Request.</text> <paragraph num="(1)"> <text>If a hearing request is received without the necessary information, or is otherwise improper, the Secretary or the Commission, as appropriate, may return the request, require submission of supplemental information, or require a revised request.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Commission, as appropriate, may consider a request lacking all necessary information, or that is otherwise improper, as not properly filed and deny the request for a hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Hearing."> <paragraph num="A."> <text>The Secretary or the Commission, as appropriate, shall serve written notice of the hearing on the parties.</text> </paragraph> <paragraph num="B."> <text>The hearing notice shall contain:</text> <paragraph num="(1)"> <text>The date, time, place, and nature of the hearing;</text> </paragraph> <paragraph num="(2)"> <text>The legal authority and jurisdiction under which the hearing is to be held, including citation to any statute or regulation that is pertinent;</text> </paragraph> <paragraph num="(3)"> <text>The nature and subject matter of the hearing;</text> </paragraph> <paragraph num="(4)"> <text>A statement of the right to present witnesses and documents;</text> </paragraph> <paragraph num="(5)"> <text>A statement that a copy of the hearing procedures is available upon request;</text> </paragraph> <paragraph num="(6)"> <text>A statement of any right or restrictions pertaining to representation;</text> </paragraph> <paragraph num="(7)"> <text>The name, mailing address, and telephone number of each party to whom the notice is sent;</text> </paragraph> <paragraph num="(8)"> <text>The name, title, address, and telephone number of any attorney or Commission employee who has been designated to represent the agency at the hearing;</text> </paragraph> <paragraph num="(9)"> <text>A statement that failure to appear for the scheduled hearing may result in an adverse action against that party; and</text> </paragraph> <paragraph num="(10)"> <text>A statement that parties may agree to the evidence and may waive their right to appear at the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Expedited Hearings."> <paragraph num="A."> <text>A party may serve on the Secretary or the Commission, as appropriate, and on all parties, a request for an expedited hearing.</text> </paragraph> <paragraph num="B."> <text>The request for an expedited hearing shall set forth the reason for the request.</text> </paragraph> <paragraph num="C."> <text>A request for an expedited hearing shall waive applicable notice requirements.</text> </paragraph> <paragraph num="D."> <text>The Secretary or the Commission, as appropriate, shall rule on a request for an expedited hearing within 3 working days after receipt of the request.</text> </paragraph> <paragraph num="E."> <text>A decision granting an expedited hearing shall establish precise time frames for the conduct and completion of the hearing, and for issuance of the final decision.</text> </paragraph> <paragraph num="F."> <text>If the Secretary, in accordance with Education Article, §11-107 or 11-204, Annotated Code of Maryland, obtains an injunction or other judicial remedy against a party before the issuance of a final decision, the Commission shall schedule the hearing within 2 weeks of the court's order, unless a party can show good cause why the hearing should be delayed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Time and Place For Hearings."> <paragraph num="A."> <text>A hearing shall be conducted at a site designated by the Secretary or the Commission, as appropriate.</text> </paragraph> <paragraph num="B."> <text>A hearing shall be held:</text> <paragraph num="(1)"> <text>Within the time period specified by relevant statute or regulation; or</text> </paragraph> <paragraph num="(2)"> <text>If no time period is otherwise specified, not later than 90 days from the date the notice of the request for a hearing is received.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If all parties agree, the hearing may be held on a date other than that provided by this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Conduct of Hearings and Sanctions."> <paragraph num="A."> <text>The Commission may, at its discretion, appoint less than a quorum of Commission members to preside at the hearing and prepare proposed findings of fact and conclusions of law. The proposed findings of fact and conclusions of law shall be presented to the Commission with a quorum of members present. At that meeting and any adjournment of that meeting, the proposed findings of fact and conclusions of law shall be considered and voted upon. The findings of fact and conclusions of law adopted by a majority of the members present shall serve as the basis for the Commission's final decision as provided in Regulation .29 of this chapter.</text> </paragraph> <paragraph num="B."> <text>If the Commission elects not to appoint less than a quorum of Commission members to preside at the hearing, the hearing shall be conducted before the Commission and not less than a quorum of the Commission shall be present at all times during the hearing.</text> </paragraph> <paragraph num="C."> <text>The Secretary or the Commission, whichever is presiding at a hearing, may:</text> <paragraph num="(1)"> <text>Make decisions and take any appropriate actions authorized by law;</text> </paragraph> <paragraph num="(2)"> <text>Hold prehearing conferences and require the parties to submit and exchange relevant and necessary documents and information before the beginning of the hearing;</text> </paragraph> <paragraph num="(3)"> <text>Conduct a full, fair, and impartial hearing;</text> </paragraph> <paragraph num="(4)"> <text>Regulate the course of the hearing and take action to avoid unnecessary delay in the disposition of the proceedings;</text> </paragraph> <paragraph num="(5)"> <text>Define the scope of the issues;</text> </paragraph> <paragraph num="(6)"> <text>Limit the time for presentations, limit unduly repetitious testimony, and otherwise establish appropriate schedules, dates, timetables, and deadlines;</text> </paragraph> <paragraph num="(7)"> <text>Maintain order and regulate the conduct of the witnesses and the parties and their authorized representatives, including but not limited to removing from a hearing those whose conduct impedes the orderly progress of the hearing;</text> </paragraph> <paragraph num="(8)"> <text>Administer oaths and affirmations;</text> </paragraph> <paragraph num="(9)"> <text>Rule on offers of proof and receive relevant and material evidence;</text> </paragraph> <paragraph num="(10)"> <text>Admit evidence and rule on the admissibility of evidence;</text> </paragraph> <paragraph num="(11)"> <text>Rule on motions;</text> </paragraph> <paragraph num="(12)"> <text>Examine and call witnesses;</text> </paragraph> <paragraph num="(13)"> <text>Grant a continuance for good cause shown;</text> </paragraph> <paragraph num="(14)"> <text>Require parties to submit legal memoranda, proposed findings of fact, and conclusions of law; and</text> </paragraph> <paragraph num="(15)"> <text>Impose appropriate sanctions for failure to abide by these regulations or any order of the Secretary or the Commission, including but not limited to:</text> <paragraph num="(a)"> <text>Limiting the issues to be heard,</text> </paragraph> <paragraph num="(b)"> <text>Limiting the introduction of documentary and testimonial evidence,</text> </paragraph> <paragraph num="(c)"> <text>Dismissing all or any part of a contested case, or</text> </paragraph> <paragraph num="(d)"> <text>Entering an order on the merits against any party.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The Secretary or the Commission, whichever is presiding at a hearing, may modify or waive any time periods established by this chapter. Any modifications or waivers which would result in beginning the hearing after the date required by law shall be with the consent of all parties.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Parties; Representation."> <paragraph num="A."> <text>The parties shall consist of:</text> <paragraph num="(1)"> <text>The institution of postsecondary education or the individual requesting the hearing;</text> </paragraph> <paragraph num="(2)"> <text>A person entitled as of right to participate as a party;</text> </paragraph> <paragraph num="(3)"> <text>A person who applies for and is granted leave to participate as a party upon a satisfactory showing of interest in the matter, including a person admitted as a party for a limited purpose; and</text> </paragraph> <paragraph num="(4)"> <text>The Secretary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Representation.</text> <paragraph num="(1)"> <text>An individual may represent himself or herself.</text> </paragraph> <paragraph num="(2)"> <text>A person other than an individual shall be represented by an attorney authorized to practice law in Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Authorized representatives shall enter an appearance with the Secretary or the Commission, as appropriate, and shall be copied on all notices, pleadings, and other correspondence.</text> </paragraph> <paragraph num="(4)"> <text>Unless an appearance is withdrawn in writing, all notices, pleadings, and other correspondence required to be sent to a party shall be sent to the party's representative of record.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Discovery."> <paragraph num="A."> <text>Not later than 20 days before the scheduled hearing, each party shall provide all other parties with a list of all witnesses, including expert witnesses, who are expected to testify for that party at the hearing.</text> </paragraph> <paragraph num="B."> <text>With respect to any matter which is relevant to the subject matter of the hearing and which is not privileged, a party, by written request served upon all other parties and filed with the Secretary or the Commission, as appropriate, not later than 20 days before the scheduled hearing, may require any other party to:</text> <paragraph num="(1)"> <text>Produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, expert report, object, or tangible thing; and</text> </paragraph> <paragraph num="(2)"> <text>Respond to not more than 15 interrogatories, which will be counted separately irrespective of the manner in which they are grouped, combined, or arranged.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Stipulations. Unless the Secretary or the Commission, as appropriate, orders otherwise, the parties by written stipulation may modify the discovery procedures provided by this chapter, except that the parties may not modify any discovery procedure if the effect of the modification would be to impair or delay a prehearing conference, any order specifying the time for filing a motion or other paper, or the hearing.</text> </paragraph> <paragraph num="D."> <text>Sanctions.</text> <paragraph num="(1)"> <text>The Secretary or Commission, as appropriate, may impose sanctions against any party for failing to:</text> <paragraph num="(a)"> <text>Provide all other parties with a list of all witnesses, including expert witnesses; and</text> </paragraph> <paragraph num="(b)"> <text>Fully comply with a discovery request.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The sanctions may include, but are not limited to:</text> <paragraph num="(a)"> <text>Refusing to admit the testimony of a witness who was not disclosed as required by this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Refusing to admit a report prepared by an expert;</text> </paragraph> <paragraph num="(c)"> <text>Refusing the failing party the ability to support or oppose designated claims, defenses, or matters by introducing any documentary or testimonial evidence that was not disclosed pursuant to a discovery request; and</text> </paragraph> <paragraph num="(d)"> <text>Dismissing the contested case.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Unless otherwise provided by law or by agreement of the parties, no other discovery procedure may be noticed.</text> </paragraph> <paragraph num="F."> <text>Copies of requested documents and records shall be made at the expense of the party making the request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Intervention and Consolidation."> <paragraph num="A."> <text>Upon motion filed not later than 10 days before the prehearing conference or 20 days before the hearing date, a person may be permitted to intervene in an action when the person has standing and:</text> <paragraph num="(1)"> <text>An unconditional right to intervene as a matter of law; or</text> </paragraph> <paragraph num="(2)"> <text>Claims an interest relating to the subject matter of the hearing that is:</text> <paragraph num="(a)"> <text>Adversely affected, and</text> </paragraph> <paragraph num="(b)"> <text>Not adequately represented by existing parties.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The motion shall state with particularity the grounds for the intervention as well as a statement setting forth the claim or defense for which intervention is sought.</text> </paragraph> <paragraph num="C."> <text>Restrictions on Intervention.</text> <paragraph num="(1)"> <text>The Secretary or the Commission, as appropriate, shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Commission, as appropriate, may at any time before or during the course of the proceedings place conditions upon an intervenor's participation in the proceedings.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Appeal.</text> <paragraph num="(1)"> <text>The Secretary's or the Commission's denial of a motion to intervene may be appealed in accordance with law.</text> </paragraph> <paragraph num="(2)"> <text>In the discretion of the Secretary or the Commission, as appropriate, an appeal of a denial to intervene may stay proceedings.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Consolidation. When proceedings involving a common question of law or fact are pending before the Secretary or the Commission, the Secretary or the Commission, as appropriate, may consolidate the proceedings pursuant to a motion or the Secretary's or Commission's own initiative. If the consolidated proceedings involve different parties or burdens of going forward or persuasion, the Secretary or the Commission may specify those procedures that will assure an expeditious and just proceeding.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Prehearing Conference."> <paragraph num="A."> <text>The Secretary or the Commission, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.</text> </paragraph> <paragraph num="B."> <text>The Secretary or the Commission, as appropriate, may require the parties to submit information before the prehearing conference.</text> </paragraph> <paragraph num="C."> <text>The Secretary or the Commission, as appropriate, may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call as well as copies of the documents that will be used for direct examination during the hearing. Failure to comply in good faith with this order is grounds to refuse to admit the oral or written testimony of that witness, to refuse to admit a report of that expert, or to refuse to admit any document not furnished to the other parties.</text> </paragraph> <paragraph num="D."> <text>A prehearing conference may be convened to address the following matters:</text> <paragraph num="(1)"> <text>Factual and legal issues;</text> </paragraph> <paragraph num="(2)"> <text>Stipulations and admissions of fact;</text> </paragraph> <paragraph num="(3)"> <text>Stipulations as to the authenticity and admissibility of documents;</text> </paragraph> <paragraph num="(4)"> <text>Requests for official notice;</text> </paragraph> <paragraph num="(5)"> <text>Identification and exchange of documentary evidence;</text> </paragraph> <paragraph num="(6)"> <text>Admissibility of evidence;</text> </paragraph> <paragraph num="(7)"> <text>Identification and qualification of witnesses;</text> </paragraph> <paragraph num="(8)"> <text>Motions;</text> </paragraph> <paragraph num="(9)"> <text>Discovery disputes;</text> </paragraph> <paragraph num="(10)"> <text>Order of presentation;</text> </paragraph> <paragraph num="(11)"> <text>Scheduling;</text> </paragraph> <paragraph num="(12)"> <text>Settlement possibilities or conferences; and</text> </paragraph> <paragraph num="(13)"> <text>Any other matter that will promote the orderly and prompt conduct of the hearing.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Conduct.</text> <paragraph num="(1)"> <text>At the discretion of the Secretary or the Commission, as appropriate, all or part of the prehearing conference may be recorded.</text> </paragraph> <paragraph num="(2)"> <text>The prehearing conference may be conducted by telephone, video, or other electronic means.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Prehearing Orders.</text> <paragraph num="(1)"> <text>The Secretary or the Commission, as appropriate, may issue a prehearing order addressing any matter raised at the prehearing conference.</text> </paragraph> <paragraph num="(2)"> <text>The prehearing order is part of the record.</text> </paragraph> <paragraph num="(3)"> <text>Whether or not a prehearing conference is held, the Secretary or the Commission, as appropriate, may issue a prehearing order to regulate the conduct of the proceedings.</text> </paragraph> </paragraph> <paragraph num="G."> <text>All parties shall be bound by the Secretary's or the Commission's prehearing order regardless of whether a party attends a prehearing conference.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Settlement Conferences."> <paragraph num="A."> <text>The Secretary or the Commission, as appropriate, may appoint a designee to preside at a conference to address settlement possibilities.</text> </paragraph> <paragraph num="B."> <text>Settlement discussions are not a part of the case record.</text> </paragraph> <paragraph num="C."> <text>The individual who presides at a settlement conference in which ex parte communications take place may not preside at any hearing in that contested case and may not advise the Secretary or the Commission regarding any decision on the merits of that case.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Stipulations."> <paragraph num="A."> <text>Stipulations.</text> <paragraph num="(1)"> <text>The parties, by stipulation, may agree to any substantive or procedural matter.</text> </paragraph> <paragraph num="(2)"> <text>A stipulation may be filed in writing or entered on the record at the hearing.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary or the Commission, as appropriate, may require additional development of stipulated matters.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Affidavits. The Secretary or the Commission, as appropriate, may admit an affidavit as evidence.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Motions; Postponement; Failure to Prosecute."> <paragraph num="A."> <text>Process.</text> <paragraph num="(1)"> <text>Unless otherwise provided by these regulations, a party:</text> <paragraph num="(a)"> <text>May move for appropriate relief before or during a hearing; and</text> </paragraph> <paragraph num="(b)"> <text>Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Written motions shall:</text> <paragraph num="(a)"> <text>Be filed not later than 10 days before the date of a prehearing conference or not later than 20 days before the date of the hearing;</text> </paragraph> <paragraph num="(b)"> <text>State concisely the question to be determined;</text> </paragraph> <paragraph num="(c)"> <text>Be accompanied by all supporting documentation;</text> </paragraph> <paragraph num="(d)"> <text>Be accompanied by a memorandum of points and authorities; and</text> </paragraph> <paragraph num="(e)"> <text>Be served on each party.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A response to a written motion shall be filed on the earlier of:</text> <paragraph num="(a)"> <text>10 days after service of the motion; or</text> </paragraph> <paragraph num="(b)"> <text>The date of the hearing.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Secretary or the Commission, as appropriate, may schedule a hearing to consider a written motion.</text> </paragraph> <paragraph num="(5)"> <text>Decision.</text> <paragraph num="(a)"> <text>The Secretary or the Commission, as appropriate, may reserve ruling on a motion until after the hearing.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary or the Commission, as appropriate, may issue a written decision or state the decision on the record.</text> </paragraph> <paragraph num="(c)"> <text>If a ruling on a motion is reserved, the ruling shall be in writing and may be included in the final decision.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>All parties shall be bound by the Secretary's or the Commission's ruling notwithstanding their failure to attend a hearing.</text> </paragraph> <paragraph num="(7)"> <text>Failure of a party to attend a scheduled hearing may be grounds for a decision adverse to that party.</text> </paragraph> <paragraph num="(8)"> <text>The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.</text> </paragraph> <paragraph num="(9)"> <text>A ruling on a motion shall only be reviewed as part of an appeal from a proposed decision or final decision.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Motion to Dismiss. Upon motion, the Secretary or the Commission, as appropriate, may issue a proposed decision or final decision dismissing a complaint, civil penalty, an order of the Secretary or other agency action, or any request for hearing which fails to state a claim for which agency relief may be granted.</text> </paragraph> <paragraph num="C."> <text>Motion for Summary Decision.</text> <paragraph num="(1)"> <text>A party may move for summary decision on any substantive issue in the case.</text> </paragraph> <paragraph num="(2)"> <text>Upon written motion, a proposed decision or a final decision may dismiss a request for hearing if the Secretary or the Commission, as appropriate, finds that there is no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Postponement.</text> <paragraph num="(1)"> <text>The Secretary or the Commission, as appropriate, may grant a postponement only upon written motion and for good cause shown.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Commission, as appropriate, may postpone or continue a hearing on its own initiative. Any postponement which would result in beginning the hearing after the date required by law shall be with the consent of all parties.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Dismissal for Lack of Prosecution.</text> <paragraph num="(1)"> <text>An action is subject to dismissal for lack of prosecution at the expiration of 1 year from the date of the request for a hearing.</text> </paragraph> <paragraph num="(2)"> <text>If an action is subject to dismissal pursuant to this regulation, the Secretary or the Commission, as appropriate, upon its own initiative or upon the written motion of a party, shall notify all parties that an order of dismissal for lack of prosecution may be entered unless good cause is shown why the case should not be dismissed within 30 days after service of the notice.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary of the Commission, as appropriate, may enter an order of dismissal either with or without prejudice.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Conduct of Hearings."> <paragraph num="A."> <text>On a genuine issue in a contested case, each party is entitled to:</text> <paragraph num="(1)"> <text>Call witnesses;</text> </paragraph> <paragraph num="(2)"> <text>Offer evidence, including rebuttal evidence;</text> </paragraph> <paragraph num="(3)"> <text>Cross-examine opposing witnesses; and</text> </paragraph> <paragraph num="(4)"> <text>Make opening and closing statements.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Telephone Hearings.</text> <paragraph num="(1)"> <text>The Secretary or the Commission, as appropriate, may conduct all or part of the hearing by telephone, video conferencing, or other electronic means.</text> </paragraph> <paragraph num="(2)"> <text>For good cause, a party may object to the holding of a hearing by telephone, video conferencing, or other electronic means.</text> </paragraph> <paragraph num="(3)"> <text>All substantive and procedural rights apply to telephone, video, or other electronic hearings, subject only to the limitations of the physical arrangement.</text> </paragraph> <paragraph num="(4)"> <text>Documentary Evidence. For a telephone hearing, documentary evidence to be offered shall be provided by all parties so that it is received by each party and the Secretary or the Commission, whichever is presiding at the hearing, at least 5 days before the hearing.</text> </paragraph> <paragraph num="(5)"> <text>Default. For a telephone hearing, the following may be considered a failure to appear and grounds for a default:</text> <paragraph num="(a)"> <text>Failure to answer the telephone;</text> </paragraph> <paragraph num="(b)"> <text>Failure to free the telephone for a hearing; or</text> </paragraph> <paragraph num="(c)"> <text>Any other failure to be ready to proceed with the hearing as scheduled.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Order of Proceedings.</text> <paragraph num="(1)"> <text>The Secretary or the Commission, as appropriate, shall explain briefly the purpose and nature of the hearing.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Commission, as appropriate, may allow the parties to present preliminary matters.</text> </paragraph> <paragraph num="(3)"> <text>The Secretary or the Commission, as appropriate, shall state the order of presentation of evidence.</text> </paragraph> <paragraph num="(4)"> <text>Witnesses shall be sworn or put under affirmation to tell the truth.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Evidence."> <paragraph num="A."> <text>Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Evidence may not be excluded solely on the grounds that it is hearsay.</text> </paragraph> <paragraph num="C."> <text>Exclusion of Witnesses.</text> <paragraph num="(1)"> <text>Upon request by a party, the Secretary or the Commission, as appropriate, may exclude witnesses other than parties from the hearing room.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Commission, as appropriate, may order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.</text> </paragraph> <paragraph num="(3)"> <text>A party that is not an individual may designate an individual to remain in the hearing room, even though the individual may be a witness.</text> </paragraph> <paragraph num="(4)"> <text>An expert witness who is to render an opinion based on testimony given at the hearing may remain during the testimony.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Prefiled Testimony.</text> <paragraph num="(1)"> <text>In the discretion of the Secretary or the Commission, as appropriate, testimony may be received in written form.</text> </paragraph> <paragraph num="(2)"> <text>The testimony shall be filed with the Secretary or the Commission, as appropriate, and served on opposing parties so that it is received at least 5 days before the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Expert Testimony."> <text>Expert testimony may be accepted by the Secretary or the Commission, as appropriate, if the testimony, as proffered, would aid in an understanding of the case.</text> </regulation> <regulation prefix="Regulation" num=".19" heading="Appointment of Interpreter."> <paragraph num="A."> <text>If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the Secretary or the Commission, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing.</text> </paragraph> <paragraph num="B."> <text>An interpreter shall take an oath or affirmation that the interpreter will accurately translate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Failure to Attend Hearing and Default."> <paragraph num="A."> <text>If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other proceeding scheduled by the Secretary or the Commission, as appropriate, the Secretary or the Commission may issue a proposed decision or a final decision, as appropriate, against the defaulting party.</text> </paragraph> <paragraph num="B."> <text>Within 7 calendar days after service of a default order, the party may file a written motion requesting that the default order be vacated or modified, and stating the grounds for the request.</text> </paragraph> <paragraph num="C."> <text>If the Secretary or the Commission, as appropriate, finds that there is a substantial and sufficient basis for an actual controversy on the merits and that there is good cause to excuse the default, the Secretary or the Commission may vacate the default order.</text> </paragraph> <paragraph num="D."> <text>A final default order is a final decision and is reviewable as such.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Proceedings Open to the Public."> <paragraph num="A."> <text>Unless otherwise prohibited by federal or State law, all proceedings before the Secretary or the Commission are open to the public.</text> </paragraph> <paragraph num="B."> <text>Unless otherwise provided by federal or State law, documents, notices, and records in the possession of the Secretary or the Commission as a result of a contested case proceeding may be inspected and copied as provided in State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and COMAR 13B.04.03.</text> </paragraph> <paragraph num="C."> <text>The Secretary or the Commission may:</text> <paragraph num="(1)"> <text>Remove individuals whose conduct impedes the orderly progress of the hearing; and</text> </paragraph> <paragraph num="(2)"> <text>Restrict attendance because of the physical limitations of the hearing facility.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Recording equipment, cameras, and other photography equipment shall be excluded from the hearing room unless permitted by the Secretary or the Commission, as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Burdens of Going Forward and Persuasion."> <paragraph num="A."> <text>When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift those burdens.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §A of this regulation:</text> <paragraph num="(1)"> <text>The party requesting a hearing following notice of the Secretary's or Commission's intent to deny or refuse to renew a permit, certification, or license bears the burden of going forward to establish a prima facie case of entitlement to the permit, certification, or license, and the burden of persuasion that the permit, certification, or license should be issued;</text> </paragraph> <paragraph num="(2)"> <text>In a proceeding following notice by the Secretary or the Commission of an intent to revoke or suspend a permit, certification, or license, the Secretary or the Commission, as appropriate, bears the burden of going forward to establish a prima facie case as to the existence of grounds for revocation or suspension, and the burden of persuasion that the permit, certification, or license should be revoked or suspended; and</text> </paragraph> <paragraph num="(3)"> <text>In a proceeding to issue an order or levy sanctions, the Secretary or the Commission, as appropriate, bears the burden of going forward to establish a prima facie case as to existence of grounds for issuance of an order or sanctions, and the burden of persuasion that the order be issued or sanctions be levied.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Secretary or the Commission, as appropriate, shall find against a party with the burden of:</text> <paragraph num="(1)"> <text>Going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense; or</text> </paragraph> <paragraph num="(2)"> <text>Persuasion if that party has not presented evidence sufficient to establish the correctness of the party's claim or defense by a preponderance of the evidence.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="The Record."> <paragraph num="A."> <text>The Secretary or the Commission, as appropriate, shall prepare an official record of each hearing.</text> </paragraph> <paragraph num="B."> <text>The record shall consist of:</text> <paragraph num="(1)"> <text>Any document giving rise to the proceeding;</text> </paragraph> <paragraph num="(2)"> <text>Any request for the hearing;</text> </paragraph> <paragraph num="(3)"> <text>Notices of all proceedings;</text> </paragraph> <paragraph num="(4)"> <text>Any prehearing order;</text> </paragraph> <paragraph num="(5)"> <text>Motions, pleadings, briefs, petitions, requests, and intermediate rulings;</text> </paragraph> <paragraph num="(6)"> <text>Evidence received or considered;</text> </paragraph> <paragraph num="(7)"> <text>A statement of each fact officially noticed;</text> </paragraph> <paragraph num="(8)"> <text>Proffers of proof, objections, and rulings on them;</text> </paragraph> <paragraph num="(9)"> <text>Proposed and final findings of fact, conclusions of law, and requested orders;</text> </paragraph> <paragraph num="(10)"> <text>Matters placed on the record after an ex parte communication;</text> </paragraph> <paragraph num="(11)"> <text>A recording of the hearing, any transcript of the recording, or any transcript prepared by a court reporting service; and</text> </paragraph> <paragraph num="(12)"> <text>Any order.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Service."> <paragraph num="A."> <text>Unless otherwise required by law, service of the following documents shall be made by personal delivery or by mail:</text> <paragraph num="(1)"> <text>Notices of the hearing;</text> </paragraph> <paragraph num="(2)"> <text>Default orders;</text> </paragraph> <paragraph num="(3)"> <text>Prehearing orders;</text> </paragraph> <paragraph num="(4)"> <text>Final decisions; and</text> </paragraph> <paragraph num="(5)"> <text>Exceptions to proposed decisions and appeals of final decisions.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Service upon a party to whom a permit, certification, or license has been issued by the Commission or Secretary may be made by delivering a copy to the most recent address provided by that party to the Commission or Secretary.</text> </paragraph> <paragraph num="C."> <text>Proof of Service. The person serving a document shall certify:</text> <paragraph num="(1)"> <text>To whom the document was sent or delivered;</text> </paragraph> <paragraph num="(2)"> <text>The address to which the copy was sent or delivered;</text> </paragraph> <paragraph num="(3)"> <text>The date the copy was sent or delivered;</text> </paragraph> <paragraph num="(4)"> <text>The manner of service; and</text> </paragraph> <paragraph num="(5)"> <text>The name of the person who sent or delivered the document.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Delegation of Hearing Authority."> <paragraph num="A."> <text>The Secretary or the Commission, as appropriate, may delegate all or part of the authority to hear a contested case to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="B."> <text>Authority to Revoke Delegation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation of authority to hear a contested case.</text> </paragraph> <paragraph num="C."> <text>Criteria for Revocation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:</text> <paragraph num="(1)"> <text>Involve novel or unanticipated factual or legal issues;</text> </paragraph> <paragraph num="(2)"> <text>Have significant social or fiscal consequences;</text> </paragraph> <paragraph num="(3)"> <text>Involve policy issues of general applicability; or</text> </paragraph> <paragraph num="(4)"> <text>Be likely to have precedential value.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Procedures for Revocation.</text> <paragraph num="(1)"> <text>The Secretary or the Commission, as appropriate, shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings. The written notice shall contain a brief statement of the reason for the revocation.</text> </paragraph> <paragraph num="(2)"> <text>Delegation of authority to hear a contested case may be revoked at any time before the earlier of the:</text> <paragraph num="(a)"> <text>Issuance of a ruling by the administrative law judge on a substantive issue; or</text> </paragraph> <paragraph num="(b)"> <text>Taking of oral testimony from the first witness.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Secretary or the Commission, as appropriate, shall specify whether all or part of the delegation to hear a contested case has been revoked. If only part of the delegation has been revoked, the Secretary or the Commission shall specify in the written notice of revocation the portions of the contested case for which delegation has been revoked.</text> </paragraph> <paragraph num="(4)"> <text>A decision issued by the Secretary or the Commission, as appropriate, shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures upon Revocation.</text> <paragraph num="(1)"> <text>If the Secretary or the Commission revokes the delegation to hear a contested case, the hearing shall be conducted by the Secretary or the Commission, as appropriate.</text> </paragraph> <paragraph num="(2)"> <text>As soon as practicable after the conclusion of the hearing and, if required, the filing of post-hearing submissions, the Secretary or the Commission, as appropriate, shall issue a written decision.</text> </paragraph> <paragraph num="(3)"> <text>The decision shall:</text> <paragraph num="(a)"> <text>Contain findings of fact, conclusions of law, and the decision or remedy;</text> </paragraph> <paragraph num="(b)"> <text>Include a short and plain statement of the right to appeal and the available procedures and time limitations for seeking judicial review; and</text> </paragraph> <paragraph num="(c)"> <text>Be mailed to all parties.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Ex Parte Communications."> <paragraph num="A."> <text>A party or a party's representative may not communicate ex parte with the Secretary or members of the Commission, whichever is presiding at the hearing, regarding the merits of any issue in the hearing.</text> </paragraph> <paragraph num="B."> <text>The Secretary or the members of the Commission may communicate with members of an advisory staff or the Commission, or with any counsel for the Secretary or the Commission who otherwise does not participate in the contested case.</text> </paragraph> <paragraph num="C."> <text>Actions taken by the Secretary or the Commission, as appropriate, following an ex parte communication shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Transcripts, Costs."> <paragraph num="A."> <text>The hearing shall be recorded by tape recording, stenographic notes, or other means, and shall be transcribed as soon as possible after the hearing.</text> </paragraph> <paragraph num="B."> <text>A party other than the Secretary or the Commission taking exceptions or appealing a proposed decision shall request a transcript if one has not been prepared.</text> </paragraph> <paragraph num="C."> <text>Transcript. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".28" heading="Proposed Decision and Exceptions."> <paragraph num="A."> <text>Proposed Decision. A proposed decision shall contain:</text> <paragraph num="(1)"> <text>Findings of fact and conclusions of law, separately stated;</text> </paragraph> <paragraph num="(2)"> <text>A proposed order; and</text> </paragraph> <paragraph num="(3)"> <text>A statement of the right to file written exceptions to the proposed decision in accordance with this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except in the case of an expedited hearing, a proposed decision shall be submitted to the parties within 90 days from the date of the hearing or the filing of post-hearing submissions, whichever is later.</text> </paragraph> <paragraph num="C."> <text>Exceptions to Proposed Decision.</text> <paragraph num="(1)"> <text>Timing. Within 20 days from the date of receipt of a proposed decision, each party may file written exceptions to the proposed decision with the Secretary or the Commission, as appropriate. A response to exceptions may be filed within 10 days of a party's receipt of the exceptions. These time limitations may not be extended except with the approval of the Secretary or the Commission, whichever is presiding at the exceptions hearing.</text> </paragraph> <paragraph num="(2)"> <text>Content. The exceptions shall contain the legal and factual bases for a party's appeal. A memorandum in support of the exceptions may also be prepared and shall be filed with the Secretary or the Commission, as appropriate, within 20 days from the receipt of the proposed decision. A response to exceptions may also be accompanied by a memorandum. The exceptions, responses to the exceptions, and accompanying memoranda shall contain copies of the portions of the record referred to.</text> </paragraph> <paragraph num="(3)"> <text>Scheduling of Oral Argument.</text> <paragraph num="(a)"> <text>Upon receipt of the exceptions, the Secretary or the Commission, as appropriate, shall set aside time for the presentation of oral argument. Unless a later date is agreed to by the parties, oral argument on the exceptions may not be heard later than 60 days following the Secretary's or the Commission's receipt of the exceptions. The Secretary or the Commission, as appropriate, shall notify all parties of the date, time, and place of oral argument.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary or the Commission, whichever is presiding at the exceptions hearing, may limit the time given to each party for oral argument.</text> </paragraph> <paragraph num="(c)"> <text>A majority of the Commission members shall be present at all times during oral argument before the Commission.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Record.</text> <paragraph num="(a)"> <text>Before oral argument, the entire record shall be transmitted to the Secretary or the Commission, whichever is presiding at the exceptions hearing.</text> </paragraph> <paragraph num="(b)"> <text>Copies of the exceptions, responses to the exceptions, accompanying memoranda, and portions of the record attached to them shall be provided to the Secretary or to each Commission member, as appropriate, at least 7 days before oral argument.</text> </paragraph> <paragraph num="(c)"> <text>The consideration of information which is not part of the record shall be in accordance with Maryland law.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".29" heading="Final Decision."> <paragraph num="A."> <text>After hearing oral argument and considering the record, the Secretary or the Commission by majority vote of those present, as appropriate, shall:</text> <paragraph num="(1)"> <text>Adopt the proposed decision as the final decision of the agency;</text> </paragraph> <paragraph num="(2)"> <text>Modify the proposed findings of fact, proposed conclusions of law, or proposed order, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency;</text> </paragraph> <paragraph num="(3)"> <text>Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or</text> </paragraph> <paragraph num="(4)"> <text>Remand the matter for further proceedings.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If exceptions have not been filed and, after reviewing a proposed decision, the Secretary or the Commission, as appropriate, concludes that the Secretary or the Commission is unable to approve the decision as written, the Secretary or the Commission, as appropriate, may:</text> <paragraph num="(1)"> <text>Notify all parties and invite arguments from the affected parties on the issues the Secretary or the Commission is reconsidering; and</text> </paragraph> <paragraph num="(2)"> <text>Hold a hearing within 90 days of issuance of the notice.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If no exceptions are filed or no hearing is held, the Secretary or the Commission, as appropriate, may adopt the proposed decision without change as the final decision of the agency.</text> </paragraph> <paragraph num="D."> <text>The decision of the Secretary or the Commission, as appropriate, is the final decision of the agency for purposes of judicial review and, unless the matter is remanded for further proceedings, the date of the written decision shall be the date of the final decision of the agency.</text> </paragraph> <paragraph num="E."> <text>A final decision shall:</text> <paragraph num="(1)"> <text>Be in writing and served on all parties; and</text> </paragraph> <paragraph num="(2)"> <text>Contain:</text> <paragraph num="(a)"> <text>Findings of fact and conclusions of law, separately stated;</text> </paragraph> <paragraph num="(b)"> <text>An order; and</text> </paragraph> <paragraph num="(c)"> <text>A statement of the available procedures and time limitations for judicial review.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>In the event of fraud, mistake, or irregularity, a final decision may be corrected at any time.</text> </paragraph> <paragraph num="G."> <text>The Secretary or the Commission, as appropriate, may not entertain motions for reconsideration or applications for stay pending judicial appeal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".30" heading="Judicial Review."> <text>A party who is aggrieved by a final decision is entitled to judicial review in accordance with Education Article, Title 11, Subtitle 2, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Secretary or the Commission, as appropriate, shall be a party to the proceeding. The final decision shall be presumed correct and the aggrieved party shall have the burden of proving otherwise.</text> </regulation> <annotations> <annotation type="Authority">Education Article, Title 11, Subtitle 2;State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 20, 1986 (13:21 Md. R. 2322)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 repealed and new Regulations .01—.30 adopted effective March 23, 1998 (25:6 Md. R. 490)</annotation> </annotations> </chapter> <chapter num="02" heading="Open Sessions"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” includes the Maryland Higher Education Commission, its advisory councils, its committees, and any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Open session” means a meeting of the Commission that is required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Public Attendance."> <paragraph num="A."> <text>The general public is invited to attend and observe any open sessions of the Commission.</text> </paragraph> <paragraph num="B."> <text>A member of the public attending an open session may not participate in the session except when the presiding officer expressly invites public testimony, questions, comments, or other forms of public participation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Disruptive Conduct."> <paragraph num="A."> <text>An individual attending an open session may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.</text> </paragraph> <paragraph num="B."> <text>Authority of the Presiding Officer.</text> <paragraph num="(1)"> <text>The presiding officer may order an individual who violates Sec. A of this regulation, or who violates any other regulation or resolution concerning the conduct of the open session, to be removed from the session, and may request police assistance to restore order.</text> </paragraph> <paragraph num="(2)"> <text>The presiding officer may recess the session while order is restored.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual who is asked to leave the session in accordance with these regulations and who refuses to do so may be subject to arrest as provided by law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Recording, Photographing, and Broadcasting of Open Sessions."> <paragraph num="A."> <text>A member of the public, including a representative of the news media, may:</text> <paragraph num="(1)"> <text>Record the discussions at an open session using a tape recorder or other recording device if the device used does not create excessive noise that disturbs the open session or other individuals attending the session;</text> </paragraph> <paragraph num="(2)"> <text>Photograph or videotape the proceedings of an open session using any type of camera if the camera is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A representative of the news media may broadcast or televise the open session if the equipment used is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.</text> </paragraph> <paragraph num="C."> <text>The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Recordings Not Part of Record."> <text>A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of the open session.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105;State Government Article, §10-507; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 29, 1993 (20:6 Md. R. 584)</annotation> </annotations> </chapter> <chapter num="03" heading="Access to Public Records"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>These regulations set forth procedures for the disclosure, inspection, or copying of records maintained by the Maryland Higher Education Commission. It is the policy of the Maryland Higher Education Commission to facilitate public access to the Commission's records when access is allowed by law.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means State Government Article, § 10-611—10-628, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission, its advisory councils, its committees, any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission, the Maryland State Scholarship Administration, and any employees, agents, or contractors acting on behalf of the Commission.</text> </paragraph> <paragraph num="(3)"> <text>“Custodian” means the head of a Commission organizational unit or authorized Commission employee having personal custody and control of the public record that is the subject of a request under the Act.</text> </paragraph> <paragraph num="(4)"> <text>“Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Commission. Unless otherwise provided by law, the Secretary is the official custodian of all public records of the Commission.</text> </paragraph> <paragraph num="(5)"> <text>“Person in interest” means a person or governmental unit that is the subject of a public record, or an authorized designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.</text> </paragraph> <paragraph num="(6)"> <text>Public Record.</text> <paragraph num="(a)"> <text>“Public record” means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received by the Commission in connection with the transaction of public business.</text> </paragraph> <paragraph num="(b)"> <text>“Public record” includes a document that contains the salary of an official or employee of the Commission.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Requester” means a person or governmental unit requesting access to public records under the Act.</text> </paragraph> <paragraph num="(8)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(9)"> <text>Sociological Information.</text> <paragraph num="(a)"> <text>“Sociological information” means any of the following information requested from the Commission:</text> <paragraph num="(i)"> <text>Scholarship and financial aid records of individual students or their families, except as provided by Regulation .09 of this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>Records about the biography, family, race, ethnic background, physiology, religion, academic achievement, or physical or mental ability of a student;</text> </paragraph> <paragraph num="(iii)"> <text>Social security numbers;</text> </paragraph> <paragraph num="(iv)"> <text>Personal addresses;</text> </paragraph> <paragraph num="(v)"> <text>Personal phone numbers; and</text> </paragraph> <paragraph num="(vi)"> <text>Information regarding marital status, dependents, or relatives.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Sociological information” includes the part of a public record that contains information about the licensing of an individual in an occupation or profession, except that the custodian shall permit inspection of the part of a public record that gives:</text> <paragraph num="(i)"> <text>The name of the licensee;</text> </paragraph> <paragraph num="(ii)"> <text>The business address of the licensee or, if the business address is not available, the home address;</text> </paragraph> <paragraph num="(iii)"> <text>The business telephone number of the licensee;</text> </paragraph> <paragraph num="(iv)"> <text>The educational and occupational background of the licensee;</text> </paragraph> <paragraph num="(v)"> <text>The professional qualifications of the licensee;</text> </paragraph> <paragraph num="(vi)"> <text>Orders and findings that result from formal deficiency actions; and</text> </paragraph> <paragraph num="(vii)"> <text>Evidence that has been provided to the custodian to meet the requirements of a statute as to financial responsibility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Working day” means a day other than Saturday, Sunday, or a State holiday.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Requests to Inspect or Copy Records."> <paragraph num="A."> <text>A person or governmental unit may request access to inspect or copy public records of the Commission.</text> </paragraph> <paragraph num="B."> <text>A requester shall direct the request to the custodian. If the custodian is not known, the requester may direct the request to the official custodian.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Necessity for Written Request."> <paragraph num="A."> <text>The custodian may make public records available for inspection or copying, or both, to a requester without a written request.</text> </paragraph> <paragraph num="B."> <text>Written requests are required when the custodian reasonably believes that:</text> <paragraph num="(1)"> <text>A written application will facilitate the Commission in responding to the request; or</text> </paragraph> <paragraph num="(2)"> <text>The Act or any other law may prohibit disclosure of the public record or parts of it.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian may require a written request when the requester is requesting copies of a public record.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Contents of Written Request."> <text>A written request shall:</text> <paragraph num="A."> <text>Contain the requester's name and address;</text> </paragraph> <paragraph num="B."> <text>Reasonably identify the public record sought; and</text> </paragraph> <paragraph num="C."> <text>Be signed by the requester.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response to Written Request."> <paragraph num="A."> <text>If a requested public record is not in the custody or control of the person to whom the written request is made, that person shall, within 10 working days of the receipt of the request:</text> <paragraph num="(1)"> <text>Notify the requester of that fact;</text> </paragraph> <paragraph num="(2)"> <text>Relate to the requester the identity or location, or possible location, of the custodian, if known; and</text> </paragraph> <paragraph num="(3)"> <text>Forward the request to the custodian, if known.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the custodian decides to grant a written request, the custodian shall produce the record for inspection immediately or within a reasonable period of time that is needed to retrieve and prepare the public records, but not to exceed 30 days from the date the custodian receives the written request.</text> </paragraph> <paragraph num="C."> <text>If the custodian decides to deny a written request, the custodian shall do so within 30 days from the date the custodian receives the written request. Upon deciding to deny the request, the custodian shall immediately notify the requester of the denial. Within 10 working days of the denial, the custodian shall transmit to the requester a written statement that sets forth the reasons and legal authority for the denial and that contains a notice of the remedies for review of the denial. The custodian shall permit inspection of any part of the public record that is subject to inspection and is reasonably severable.</text> </paragraph> <paragraph num="D."> <text>With the consent of the requester, a time limit imposed by Sec. A—C of this regulation may be extended for an additional period not to exceed 30 days.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Notification of Persons in Interest."> <paragraph num="A."> <text>The custodian, unless prohibited by law, may notify a person in interest who is the subject of a public record that a request for inspection or copying of that record has been received.</text> </paragraph> <paragraph num="B."> <text>In determining whether to notify the person in interest of the pending request, the custodian shall take into account a request from the person in interest, submitted simultaneously with information submitted to the Commission, that the information not be disclosed without consultation between the custodian and the person in interest.</text> </paragraph> <paragraph num="C."> <text>The custodian may consider the views of the person in interest before deciding whether to disclose the record.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Disclosure of Student Educational Records."> <paragraph num="A."> <text>The Commission shall regularly collect, in accordance with its mandated responsibilities, information on students enrolled in secondary and postsecondary institutions within the State. This information shall be collected on an aggregated or summary basis, but the Commission may collect data on an individual basis for the purpose of evaluating and improving the instruction provided by the educational system of the State.</text> </paragraph> <paragraph num="B."> <text>Individual Student Records.</text> <paragraph num="(1)"> <text>The Commission shall recognize that the education records of State secondary and postsecondary institutions are protected under the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g. Accordingly, when obtaining student records, the Commission shall abide by that statute and 34 CFR 99 (1990), which is incorporated by reference.</text> </paragraph> <paragraph num="(2)"> <text>The Commission shall respond to all written requests to inspect, review, or correct individual student records in accordance with this chapter.</text> </paragraph> <paragraph num="(3)"> <text>If the Commission or the Secretary determines that disclosure of student record information is necessary in order to conduct research designed to improve instruction, the disclosure shall be made in compliance with 34 CFR 99 (1990), which is incorporated by reference.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Disclosure of Scholarship and Financial Aid Information."> <paragraph num="A."> <text>The Commission shall provide upon request a list of scholarship recipients for all programs that it administers that are not required by law to be based wholly or in part on financial need.</text> </paragraph> <paragraph num="B."> <text>The lists of scholarship recipients shall be by program, and shall contain names and city, county, or legislative district, as appropriate. Otherwise, all personally identifiable scholarship and financial aid information held by the Commission is considered sociological information, subject to Regulation .10 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Sociological Information."> <paragraph num="A."> <text>Except as provided in Regulations .08 and .09 of this chapter and §B of this regulation, the custodian may not disclose sociological information to a requester.</text> </paragraph> <paragraph num="B."> <text>The custodian may disclose sociological information under the following circumstances:</text> <paragraph num="(1)"> <text>To the person in interest;</text> </paragraph> <paragraph num="(2)"> <text>Pursuant to an issued subpoena;</text> </paragraph> <paragraph num="(3)"> <text>Disclosure which is otherwise required by law; or</text> </paragraph> <paragraph num="(4)"> <text>The Secretary or Commission determines that disclosure is in the public's best interest.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For individual student education records, a disclosure made pursuant to §B(4) of this regulation shall be made in conformity with 34 CFR 99 (1990), which is incorporated by reference.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Records Destroyed or Lost."> <text>If a requested record has been destroyed or lost, the custodian to whom the request is made shall notify the requester of this fact as soon as possible and within 30 days of receipt of the request. The custodian shall explain in the response the reasons why the record cannot be produced.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Records Temporarily Unavailable."> <text>If a requested record is temporarily unavailable, the custodian shall notify the requester of this fact as soon as possible and within 30 days of receipt of the request, and shall explain in the response the reason why the record is temporarily unavailable and relate the date on which the record is expected to become available.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Review of a Denial."> <paragraph num="A."> <text>If the custodian denies a written request for a reason other than that the record is destroyed, lost, or temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing.</text> </paragraph> <paragraph num="B."> <text>If the administrative hearing results in a total or partial denial of the written request, the requester may file an appropriate action in the circuit court in accordance with State Government Article, §10-623, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>A requester who is denied access to a public record may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland, without exhausting the administrative remedy set forth in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Disclosure Against Public Interest."> <text>If, in the opinion of the Secretary, disclosure of a public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing, and shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting the Secretary to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the requester in accordance with the Maryland Rules of Procedure.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Fees."> <paragraph num="A."> <text>Fee Schedule.</text> <paragraph num="(1)"> <text>The Commission may charge reasonable fees in accordance with the fee schedule in §A(2)—(4) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Copies. The fee for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Commission. When records are not reasonably amenable to photocopying within the Commission, the fee for reproducing the record is based on the actual cost of reproduction.</text> </paragraph> <paragraph num="(3)"> <text>Certification of Copies. When a person requests that a copy of a record be certified as a true copy of the original public record, the Commission shall charge an additional cost of $1 per page.</text> </paragraph> <paragraph num="(4)"> <text>Searching or Record Preparation. There is no charge for the first 2 hours needed to search for a public record and prepare it for inspection. The Commission may charge $20 per hour for additional time required to search for or prepare public records for inspection or copying.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notwithstanding Sec. A of this regulation, if the fees for copies, printouts, photographs, or certified copies of a record are specifically required by a law other than the Act or this regulation, the specific fee contained in that law determines the amount charged for that record.</text> </paragraph> <paragraph num="C."> <text>If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission. The custodian shall either:</text> <paragraph num="(1)"> <text>Collect from the requester a fee that is sufficient to pay the actual cost of reproduction; or</text> </paragraph> <paragraph num="(2)"> <text>Direct the requester to pay the cost of reproduction directly to the facility making the copy.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Before copying a record, the custodian shall estimate the cost of copying and obtain the agreement of the requester that the cost shall be paid. The custodian may demand prepayment of any estimated fee before copying the record. If prepayment is required, the time limitations contained elsewhere in these regulations do not begin until the payment is made.</text> </paragraph> <paragraph num="E."> <text>Upon written request, the official custodian may waive or reduce a fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the requester to pay the cost or fee.</text> </paragraph> <paragraph num="F."> <text>If a requester requests that copies be mailed or delivered, the custodian may charge the requester for the cost of postage or delivery.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Time of Inspection."> <text>A requester may inspect a public record to which access is granted during the normal working hours of the Commission.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Place of Inspection."> <text>The place of inspection is the place where the document is located unless the custodian determines that another place of inspection is more suitable.</text> </regulation> <regulation prefix="Regulation" num=".18" heading="Corrections of Public Record."> <paragraph num="A."> <text>A person in interest may request the Commission to correct inaccurate or incomplete information in a public record that:</text> <paragraph num="(1)"> <text>Is maintained by the Commission; and</text> </paragraph> <paragraph num="(2)"> <text>The person in interest is authorized to inspect.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contents of Request. A request under this regulation shall:</text> <paragraph num="(1)"> <text>Be in writing;</text> </paragraph> <paragraph num="(2)"> <text>Describe the requested change precisely; and</text> </paragraph> <paragraph num="(3)"> <text>State the reasons for the change.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Action on Request.</text> <paragraph num="(1)"> <text>Within 30 days after receiving a request under this regulation, the custodian shall:</text> <paragraph num="(a)"> <text>Make or refuse to make the requested change; and</text> </paragraph> <paragraph num="(b)"> <text>Give the person in interest written notice of the action taken.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A notice of refusal shall contain the custodian's reasons for the refusal.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Statement of Disagreement.</text> <paragraph num="(1)"> <text>If the Commission finally refuses a request under this regulation, the person in interest may submit to the Commission a concise statement that, in five pages or less, states the reasons for the request and for disagreement with the refusal.</text> </paragraph> <paragraph num="(2)"> <text>Whenever the Commission provides the disputed information to a third party, the Commission shall provide to that party a copy of the statement submitted to the Commission by the person in interest.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Administrative and Judicial Review. A person in interest may seek administrative and judicial review of:</text> <paragraph num="(1)"> <text>A decision of the Commission to deny a:</text> <paragraph num="(a)"> <text>Request to change a public record; or</text> </paragraph> <paragraph num="(b)"> <text>Right to submit a statement of disagreement; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The failure of the Commission to provide the statement of disagreement to a third party.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Procedures. If a person in interest seeks judicial review, it shall be in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, § 11-105(s);State Government Article, § 10-613(b); Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 11, 1993 (20:20 Md. R. 1573)</annotation> </annotations> </chapter> </subtitle> <subtitle num="05" heading="Fully Online Programs"> <chapter num="01" heading="Registration"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Enroll” means to register a student, in any semester or other instructional period, in a course in an online program.</text> </paragraph> <paragraph num="(3)"> <text>“Institution” means an institution of higher education that enrolls one or more Maryland students in an online program.</text> </paragraph> <paragraph num="(4)"> <text>“Maryland student” means a student who is domiciled in Maryland on the date of enrollment at an institution.</text> </paragraph> <paragraph num="(5)"> <text>“Online program” has the same meaning as “fully online distance education program in the State” stated in Education Article, §11-202.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5-1)"> <text>“SARA” means a State Authorization Reciprocity Agreement overseen by the National Council for State Authorization Reciprocity Agreements and administered by the Southern Regional Education Board, the New England Board of Higher Education, the Midwestern Higher Education Compact, or the Western Interstate Commission for Higher Education.</text> </paragraph> <paragraph num="(6)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(7)"> <text>“State” means a state of the United States, American Samoa, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.</text> </paragraph> <paragraph num="(8)"> <text>“State authority” means the higher education certifying, approving, or regulatory authority of a state.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter does not apply to an online program that:</text> <paragraph num="A."> <text>Is subject to program review by the Commission under COMAR 13B.02.03;</text> </paragraph> <paragraph num="B."> <text>Participates in the Southern Regional Education Board’s Electronic Campus; or</text> </paragraph> <paragraph num="C."> <text>Is offered by an institution approved by its state authority to participate in SARA.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Delegation."> <text>The Commission has delegated to the Secretary authority to act in its behalf on applications for registration filed by institutions under this chapter.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Registration Required."> <text>An institution that enrolls a Maryland student in an online program:</text> <paragraph num="A."> <text>Shall file an application for registration with the Commission before or within 3 months of enrolling the first Maryland student; and</text> </paragraph> <paragraph num="B."> <text>Except as provided in Regulation .07B of this chapter, may not commence or continue enrollment of Maryland students without registering with the Commission before or within 3 months of enrolling the first Maryland student.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Accreditation Required."> <paragraph num="A."> <text>Accreditation Requirement.</text> <paragraph num="(1)"> <text>An institution required to register under this chapter that is not accredited by an accrediting body recognized and approved by the U.S. Department of Education may not receive a registration from the Commission.</text> </paragraph> <paragraph num="(2)"> <text>If an institution’s accreditation is terminated, the institution’s registration in Maryland shall cease effective the date that accreditation is terminated, unless the institution continues to be accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Effect of the removal of recognition of an accrediting agency by the U.S. Department of Education (USDOE).</text> <paragraph num="(1)"> <text>If an institution ceases to be accredited by an organization recognized as an accrediting agency by the USDOE because the USDOE terminates its recognition of the accrediting agency, the institution shall inform the Commission of its accreditation status in writing within 7 calendar days of the accrediting agency’s loss of recognition.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §B(3) of this regulation, if an institution ceases to be accredited by an organization recognized as an accrediting agency by the USDOE because the USDOE terminates its recognition of the accrediting agency, the institution’s registration in Maryland shall cease effective the date that the USDOE terminates its recognition of the accrediting agency, unless the institution continues to be accredited by an organization recognized as an accrediting agency by the USDOE to grant institutional accreditation.</text> </paragraph> <paragraph num="(3)"> <text>If an institution ceases to be accredited by an organization recognized as an accrediting agency by the USDOE because the USDOE terminates its recognition of the accrediting agency, and the institution is not accredited by another organization recognized as an accrediting agency by the USDOE to grant institutional accreditation, the Secretary may grant the institution a temporary registration to operate, and impose terms and conditions as the Secretary deems appropriate, provided that:</text> <paragraph num="(a)"> <text>Within 60 days of the accreditation agency’s loss of recognition or the effective date of this regulation, whichever occurs later, the institution shall apply for accreditation from an organization recognized as an accrediting agency by the USDOE, and shall inform the Commission of the new accrediting agency and the institution’s application status; and</text> </paragraph> <paragraph num="(b)"> <text>Within 4 years of the accreditation agency’s loss of recognition, the institution shall become accredited by an organization recognized as an accrediting agency by the USDOE to grant institutional accreditation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Withdrawal of Approval.</text> <paragraph num="(a)"> <text>Except as provided in §B(4)(b) of this regulation, the Secretary shall withdraw an institution’s registration in Maryland if the institution fails to meet the time periods required by §B(3) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>The Secretary may, upon conditions that the Secretary deems appropriate, extend for a specified period the time requirements under §B(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The provisions of §B of this regulation apply to a decision by the USDOE, effective on or after July 1, 2016, to withdraw an accrediting agency’s recognition.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Registration Procedure."> <paragraph num="A."> <text>An institution seeking registration with the Commission as required in Regulation .04 of this chapter shall submit to the Commission:</text> <paragraph num="(1)"> <text>An application for registration in the form required by the Secretary;</text> </paragraph> <paragraph num="(2)"> <text>An application fee in the amount of:</text> <paragraph num="(a)"> <text>For an institution having an enrollment of no more than 20 Maryland students, $500; and</text> </paragraph> <paragraph num="(b)"> <text>For an institution having an enrollment of more than 20 Maryland students, $1,000;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Information on the ownership of the institution;</text> </paragraph> <paragraph num="(4)"> <text>A list of all online programs that will be offered to Maryland students, including program tuition and fee costs for those programs;</text> </paragraph> <paragraph num="(5)"> <text>Documentation that the institution is:</text> <paragraph num="(a)"> <text>Accredited by and in good standing with an accrediting body recognized and approved by the U.S. Department of Education;</text> </paragraph> <paragraph num="(b)"> <text>In good business standing in the state in which the central administration of the institution is incorporated;</text> </paragraph> <paragraph num="(c)"> <text>If the state in which the central administration of the institution is located has a state authority, in good academic standing with that state authority;</text> </paragraph> <paragraph num="(d)"> <text>In compliance with the principles of good practice for distance education established by the Commission in COMAR 13B.02.03; and</text> </paragraph> <paragraph num="(e)"> <text>In compliance with the refund policies in Regulation .10 of this chapter;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Documentation that the institution has a process for the filing and resolution of complaints by Maryland students, including informing students that the institution is subject to investigation of complaints by the Office of the Attorney General or the Commission;</text> </paragraph> <paragraph num="(7)"> <text>An affidavit from the President or Chief Executive Officer of the institution affirming that:</text> <paragraph num="(a)"> <text>The institution has not filed for bankruptcy protection under Title 11 of the U.S. Code during its existence; and</text> </paragraph> <paragraph num="(b)"> <text>The President or Chief Executive Officer shall:</text> <paragraph num="(i)"> <text>Abide by the requirements of Education Article, §11-202.2, Annotated Code of Maryland, and this chapter; and</text> </paragraph> <paragraph num="(ii)"> <text>Notify the Commission in reference to the matters set forth in Regulation .11 of this chapter;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>If the institution is or will be enrolling Maryland students before registration is issued, within 30 days of submitting the complete application, a pre-registration financial guarantee as provided for in Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(9)"> <text>If the institution is a for-profit institution, a continuous financial guarantee pursuant to Education Article, §§11-203, Annotated Code of Maryland, and as provided for in Regulation .12 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In addition to the requirements of §A of this regulation, an institution shall submit a copy of the institution's most recent financial statement reviewed by an independent accountant retained by the institution with its first application for registration and with each annual renewal application.</text> </paragraph> <paragraph num="C."> <text>An application is complete as of the day on which an institution submits all documentation required in §§A(1)—(7) and A(9) of this regulation for the registration process as determined by the Secretary.</text> </paragraph> <paragraph num="D."> <text>If the Secretary finds that the institution is in compliance with the applicable requirements of Education Article, Title 11, Annotated Code of Maryland, and this chapter, the Secretary shall issue registration to the institution.</text> </paragraph> <paragraph num="E."> <text>Secretary's Denial of Registration.</text> <paragraph num="(1)"> <text>If the Secretary is not satisfied that an institution is in compliance with applicable requirements of Education Article, Title 11, Annotated Code of Maryland, and this chapter, the Secretary shall issue a notice of deficiencies and preliminarily deny registration to the institution.</text> </paragraph> <paragraph num="(2)"> <text>Within 20 days of receipt of a notice of deficiencies, the institution denied registration may request a hearing before the Commission.</text> </paragraph> <paragraph num="(3)"> <text>If the institution does not file a timely request for a hearing on the notice of deficiencies, the Secretary's decision becomes final.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Secretary's Failure to Issue or Deny Registration.</text> <paragraph num="(1)"> <text>If the Secretary fails to issue a registration or a written notice of deficiencies within 6 months of the completed application, the institution may request a hearing before the Commission to determine whether the registration should be issued.</text> </paragraph> <paragraph num="(2)"> <text>The request shall be made within 20 days of the expiration of the 6-month period.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Hearing by Commission.</text> <paragraph num="(1)"> <text>The Commission may refer a request for hearing under §E or F of this regulation to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(2)"> <text>A hearing before the Commission shall be held within 60 days after receipt of the request for hearing.</text> </paragraph> <paragraph num="(3)"> <text>The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.</text> </paragraph> <paragraph num="(4)"> <text>Within 30 days of the hearing, the Commission shall render a decision.</text> </paragraph> <paragraph num="(5)"> <text>The Commission may take the following action:</text> <paragraph num="(a)"> <text>Issue registration;</text> </paragraph> <paragraph num="(b)"> <text>Deny registration; or</text> </paragraph> <paragraph num="(c)"> <text>Remand the case to the Secretary for further action as directed by the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Judicial Review.</text> <paragraph num="(1)"> <text>An institution that is denied registration by the Commission after a hearing under §G of this regulation has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The decision of the Commission is presumed correct and the institution has the burden of proving otherwise.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall be a party to the proceeding.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Pre-Registration Financial Guarantee."> <paragraph num="A."> <text>Scope.</text> <paragraph num="(1)"> <text>This regulation applies to an institution applying for or renewing registration under this chapter if the institution chooses to enroll a Maryland student:</text> <paragraph num="(a)"> <text>Before the institution’s registration is issued by the Secretary; or</text> </paragraph> <paragraph num="(b)"> <text>When the institution's registration has expired.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>This regulation does not apply to an institution applying for or renewing a registration if the institution does not enroll a Maryland student:</text> <paragraph num="(a)"> <text>Before the institution’s registration is issued by the Secretary; or</text> </paragraph> <paragraph num="(b)"> <text>When the institution’s registration has expired.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The institution shall file an application for registration as required in regulation .04A of this chapter and provide a pre-registration financial guarantee to the Commission, as described in this regulation, in order to commence or continue the enrollment of Maryland students.</text> </paragraph> <paragraph num="C."> <text>The pre-registration financial guarantee provided for in this regulation is separate from, and additional to, the continuous financial guarantee that is required of for-profit institutions under Regulation .12 of this chapter.</text> </paragraph> <paragraph num="D."> <text>An institution that files an application and provides a financial guarantee under this regulation may continue to operate without a registration while the Commission considers the institution's application, conducts a hearing concerning the institution's application, or participates in judicial review regarding the institution's application.</text> </paragraph> <paragraph num="E."> <text>The financial guarantee shall be in the form required by the Secretary, shall be between the Commission and the surety, and shall be conditioned that, if the institution is denied registration, the institution shall provide 100 percent refunds of tuition and fees paid to the institution by all Maryland students.</text> </paragraph> <paragraph num="F."> <text>The amount of the financial guarantee required under this regulation shall be sufficient to cover 100 percent refunds and fees paid to the institution by all Maryland students.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Effect of Registration Denial."> <text>If an institution is denied registration, the institution shall:</text> <paragraph num="A."> <text>Immediately notify all Maryland students that their enrollment is terminated as of the date that registration is finally denied;</text> </paragraph> <paragraph num="B."> <text>Within 60 days of the date that registration is finally denied, refund to each Maryland student 100 percent of tuition and fees paid to the institution; and</text> </paragraph> <paragraph num="C."> <text>Provide documentation to the Commission that all refunds due to Maryland students have been timely made.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Duration of Registration."> <paragraph num="A."> <text>A registration is valid during 1 fiscal year from July 1 through June 30.</text> </paragraph> <paragraph num="B."> <text>A registration issued at any time during a fiscal year expires on June 30 of that fiscal year.</text> </paragraph> <paragraph num="C."> <text>An institution seeking registration for the next fiscal year following its current registration shall file an application for registration in accordance with Regulation .06 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Refund Policy."> <paragraph num="A."> <text>Except as provided in §B of this regulation, an institution's refund policy shall conform to this regulation and the institution shall provide for refunds of tuition to Maryland students as provided in this regulation.</text> </paragraph> <paragraph num="B."> <text>If an institution's refund policy is more beneficial to Maryland students, the institution shall follow its refund policy and provide for refunds of tuition to Maryland students as provided in that policy.</text> </paragraph> <paragraph num="C."> <text>Minimum Refund.</text> <paragraph num="(1)"> <text>The minimum refund that an institution shall pay to a Maryland student who withdraws or is terminated after completing only a portion of a course, program, or term within the applicable billing period is as follows:</text> </paragraph> <paragraph num="(2)"> <text>A refund due to a Maryland student shall be based on the date of withdrawal or termination and paid within 60 days from the date of withdrawal or termination.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An institution's refund policy for Maryland students shall be clearly disclosed to and acknowledged by students at enrollment.</text> </paragraph> <paragraph num="E."> <text>An institution shall maintain documentation to verify that a refund has been made.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Institutional Operations."> <text>An institution that is registered under this chapter shall:</text> <paragraph num="A."> <text>Promptly notify the Commission of:</text> <paragraph num="(1)"> <text>A change in ownership or a change in majority control;</text> </paragraph> <paragraph num="(2)"> <text>A material change in the institution's financial status;</text> </paragraph> <paragraph num="(3)"> <text>A filing for bankruptcy protection under Title 11 of the U.S. Code;</text> </paragraph> <paragraph num="(4)"> <text>A change in the institution's business standing in the state in which the central administration of the institution is incorporated;</text> </paragraph> <paragraph num="(5)"> <text>Any communication received from the state authority that regulates the institution regarding institutional or program status with regard to online programs in which Maryland students are enrolled;</text> </paragraph> <paragraph num="(6)"> <text>Any communication from the institution's accrediting body that may impact the institution's status with the accrediting body; and</text> </paragraph> <paragraph num="(7)"> <text>Any notice of an adverse action, or potentially adverse action, against the institution by the U.S. Department of Education, including but not limited to any notice to the institution of a reduction of the institution’s financial responsibility composite score.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Comply with the principles of good practice for distance education in COMAR 13B.02.03;</text> </paragraph> <paragraph num="C."> <text>Make refunds to Maryland students as required by Regulation .10 of this chapter;</text> </paragraph> <paragraph num="D."> <text>Make public and post on its website:</text> <paragraph num="(1)"> <text>Information on its registration with the Commission; and</text> </paragraph> <paragraph num="(2)"> <text>The process for Maryland students to make complaints about the institution; and</text> </paragraph> </paragraph> <paragraph num="E."> <text>Submit to the Secretary, by June 30 of each year, an annual report detailing the number of students placed at each internship, practicum, or field experience location within the State, in a form and manner required by the Secretary; and</text> </paragraph> <paragraph num="F."> <text>Enroll no more than 10 Maryland students in a single program placed simultaneously at one site in the State in a supervised internship, practicum, or field experience, or otherwise operate in Maryland as defined in Subtitle 2 of this title, unless it first obtains a certificate of approval from the Commission in accordance with Subtitle 2 of this title.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Continuous Financial Guarantees of For-Profit Institutions."> <paragraph num="A."> <text>In this regulation, the following terms have the meanings indicated.</text> <paragraph num="(1)"> <text>“Adjusted gross tuition and fees” means all revenues received on a cash or accrual accounting basis, less any refunds paid to students, for tuition and fees for all instructional programs or courses enrolled in by students, except for charges for materials, supplies, and books that have been purchased by, and are the property of, a student.</text> </paragraph> <paragraph num="(2)"> <text>“Non-Title IV adjusted gross tuition and fees” means an institution’s adjusted gross tuition and fees minus the amount of Title IV federal financial aid received by the institution on behalf of its students.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A for-profit institution seeking or renewing registration under this chapter shall provide to the Secretary an irrevocable letter of credit or performance bond, as required by Education Article, §11-203, Annotated Code of Maryland, conditioned that the institution shall:</text> <paragraph num="(1)"> <text>Perform faithfully all agreements or contracts it makes with its students; and</text> </paragraph> <paragraph num="(2)"> <text>Comply with the Education Article, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The irrevocable letter of credit or performance bond shall be in the form and amount prescribed by the Secretary and shall conform to the requirements of paragraph D of this regulation.</text> </paragraph> <paragraph num="D."> <text>The amount provided for in the irrevocable letter of credit or performance bond shall, unless a higher amount is required by the Secretary, be:</text> <paragraph num="(1)"> <text>If the institution is renewing its registration, an amount equal to the institution’s non-Title IV adjusted gross tuition and fees for Maryland students for the prior July 1 through June 30; or</text> </paragraph> <paragraph num="(2)"> <text>If the institution is seeking initial registration, an amount equal to the institution’s non-Title IV adjusted gross tuition and fees for the students of its principal campus for the prior July 1 through June 30.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The irrevocable letter of credit or performance bond shall be between the surety and the Commission.</text> </paragraph> <paragraph num="F."> <text>The irrevocable letter of credit or performance bond required by this regulation, and each annual application to renew a for-profit institution’s registration under this chapter, shall be accompanied by a report, in a form prescribed by the Secretary:</text> <paragraph num="(1)"> <text>Certifying the for-profit institution’s:</text> <paragraph num="(a)"> <text>Total number of Maryland students enrolled in the institution or, if the institution is seeking initial registration, total number of students enrolled in the institution’s principal campus;</text> </paragraph> <paragraph num="(b)"> <text>Total amount of adjusted tuition and fees from the enrollment of Maryland students or, if the institution is seeking initial registration, total amount of adjusted tuition and fees from the enrollment of students in the institution’s principal campus;</text> </paragraph> <paragraph num="(c)"> <text>Total amount of non-Title IV adjusted gross tuition and fees from the enrollment of Maryland students or, if the institution is seeking initial registration, total amount of non-Title-IV adjusted tuition and fees from the enrollment of students in the institution’s principal campus; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Enclosing a declaration signed and dated by the chief executive officer of the school, under penalty of perjury, that the information in the report and any attachments to the report are true and correct.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 11-202, 11-202.2, and 24-707, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 adopted as an emergency provision effective July 1, 2012 (39:17 Md. R. 1146); emergency provision repealed effective October 17, 2012 (39:23 Md. R. 1531)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 adopted as an emergency provision effective October 17, 2012 (39:23 Md. R. 1531); adopted permanently effective February 18, 2013 (40:3 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 28, 2013 (40:21 Md. R. 1780); December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 28, 2013 (40:21 Md. R. 1780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780); March 27, 2017 (44:6 Md. R. 327)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 27, 2017 (44:6 Md. R. 327); September 24, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective November 24, 2014 (41:23 Md. R. 1375)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective September 14, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective October 28, 2013 (40:21 Md. R. 1780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective September 24, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11E adopted effective November 24, 2014 (41:23 Md. R. 1375)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11E amended effective November 7, 2016 (43:22 Md. R. 1223); September 24, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11F amended effective September 24, 2018 (45:19 Md. R. 866)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective September 24, 2018 (45:19 Md. R. 866)</annotation> </annotations> </chapter> </subtitle> <subtitle num="06" heading="General Education and Transfer"> <chapter num="01" heading="General Education Requirements for Public Institutions of Higher Education"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies only to public institutions of higher education.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“A.A. degree” means the Associate of Arts degree.</text> </paragraph> <paragraph num="(2)"> <text>“Arts” means courses that examine aesthetics and the development of the aesthetic form and explore the relationship between theory and practice.</text> </paragraph> <paragraph num="(3)"> <text>“A.S. degree” means the Associate of Sciences degree.</text> </paragraph> <paragraph num="(4)"> <text>“Biological and physical sciences” means courses that examine living systems and the physical universe. They introduce students to the variety of methods used to collect, interpret, and apply scientific data, and to an understanding of the relationship between scientific theory and application.</text> </paragraph> <paragraph num="(5)"> <text>“English composition courses” means courses that provide students with communication knowledge and skills appropriate to various writing situations, including intellectual inquiry and academic research.</text> </paragraph> <paragraph num="(6)"> <text>“General education” means the foundation of the higher education curriculum providing a coherent intellectual experience for all students.</text> </paragraph> <paragraph num="(7)"> <text>“General education program” means a program that is designed to:</text> <paragraph num="(a)"> <text>Introduce undergraduates to the fundamental knowledge, skills, and values that are essential to the study of academic disciplines;</text> </paragraph> <paragraph num="(b)"> <text>Encourage the pursuit of life-long learning; and</text> </paragraph> <paragraph num="(c)"> <text>Foster the development of educated members of the community and the world.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Humanities” means courses that examine the values and cultural heritage that establish the framework for inquiry into the meaning of life.</text> </paragraph> <paragraph num="(9)"> <text>“Mathematics” means courses that provide students with numerical, analytical, statistical, and problem-solving skills.</text> </paragraph> <paragraph num="(10)"> <text>“Social and behavioral sciences” means courses that are concerned with the examination of society and the relationships among individuals within a society.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Education Requirements for Public Institutions."> <paragraph num="A."> <text>While public institutions have the autonomy to design their general education program to meet their unique needs and mission, that program shall:</text> <paragraph num="(1)"> <text>Incorporate coursework in each of the following core areas, at a minimum:</text> <paragraph num="(a)"> <text>Arts and humanities;</text> </paragraph> <paragraph num="(b)"> <text>Social and behavioral sciences;</text> </paragraph> <paragraph num="(c)"> <text>Biological and physical sciences;</text> </paragraph> <paragraph num="(d)"> <text>Mathematics; and</text> </paragraph> <paragraph num="(e)"> <text>English composition;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Conform to the definitions and common standards in this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Incorporate the general education knowledge and skills required by the Middle States Commission on Higher Education Standards for Accreditation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A public institution shall require each:</text> <paragraph num="(1)"> <text>Program leading to an A.A. or A.S. degree to include at least 28, but not more than 36, credit hours of general education courses;</text> </paragraph> <paragraph num="(2)"> <text>Associate’s degree program that does not lead to an A.A. or A.S. degree to include at least 18, but not more than 36, credit hours of general education courses; and</text> </paragraph> <paragraph num="(3)"> <text>Bachelor’s degree program to include at least 38, but not more than 48, credit hours of general education courses.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each course used to satisfy the credit requirements of §B of this regulation shall carry at least 3 credit hours.</text> </paragraph> <paragraph num="D."> <text>General education programs within the A.A. or A.S. degree or the bachelor’s degree at public institutions shall require at least:</text> <paragraph num="(1)"> <text>Two courses in arts and humanities;</text> </paragraph> <paragraph num="(2)"> <text>Two courses in social and behavioral sciences;</text> </paragraph> <paragraph num="(3)"> <text>Two science courses, at least one of which shall be a laboratory course;</text> </paragraph> <paragraph num="(4)"> <text>One course in mathematics, having performance expectations demonstrating a level of mathematical maturity beyond the Maryland College and Career Ready Standards in Mathematics (including problem-solving skills, and mathematical concepts and techniques that can be applied in the student’s program of study); and</text> </paragraph> <paragraph num="(5)"> <text>One course in English composition, completed with a grade of C- or better.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Institution-Specific Requirements.</text> <paragraph num="(1)"> <text>In addition to the five required areas in §A(1) of this regulation, a public institution may include up to 8 credit hours in coursework outside the five areas. These courses may be integrated into other general education courses or may be presented as separate courses. Examples include, but are not limited to, Health, Diversity, and Computer Literacy.</text> </paragraph> <paragraph num="(2)"> <text>Public institutions may not include the courses in this section in a general education program unless they provide academic content and rigor equivalent to the areas in §A(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A course in a discipline listed in more than one of the areas of general education may be applied only to one area of general education.</text> </paragraph> <paragraph num="G."> <text>A public institution may allow a speech communication or foreign language course to be part of the arts and humanities category.</text> </paragraph> <paragraph num="H."> <text>Composition and literature courses may be placed in the arts and humanities area if literature is included as part of the content of the course.</text> </paragraph> <paragraph num="I."> <text>Public institutions may not include physical education skills courses as part of the general education requirements.</text> </paragraph> <paragraph num="J."> <text>General education courses shall reflect current scholarship in the discipline and provide reference to theoretical frameworks and methods of inquiry appropriate to academic disciplines.</text> </paragraph> <paragraph num="K."> <text>Courses that are theoretical may include applications, but all applications courses shall include theoretical components if they are to be included as meeting general education requirements.</text> </paragraph> <paragraph num="L."> <text>Each public institution shall designate on the student transcript those courses that have met a general education requirement, including the specific core area or requirement it has fulfilled under this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105 and Title 11, Subtitle 2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 4, 1995 (22:24 Md. R. 1901)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 1, 1996 (23:13 Md. R. 946)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 adopted effective April 6, 1998 (25:7 Md. R. 528)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 1, 1996 (23:13 Md. R. 946); July 18, 2016 (43:14 Md. R. 779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective July 1, 1996 (23:13 Md. R. 946)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 24, 2017 (44:8 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 19, 2020 (47:21 Md. R. 905)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 amended effective October 19, 2020 (47:21 Md. R. 905)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective November 18, 2019 (46:23 Md. R. 1066)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective October 19, 2020 (47:21 Md. R. 905)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective October 19, 2020 (47:21 Md. R. 905)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 22, 2022 (49:17 Md. R. 790)</annotation> </annotations> </chapter> <chapter num="02" heading="Transfer Students and Transfer of Courses and Credits"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>This chapter sets forth requirements for institutions of higher education in the State for:</text> <paragraph num="(1)"> <text>Admission of transfer students to public institutions;</text> </paragraph> <paragraph num="(2)"> <text>The transfer of courses and awarding of credit for transferred courses; and</text> </paragraph> <paragraph num="(3)"> <text>Collaboration and communication between institutions on issues relating to transfer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This chapter is intended to:</text> <paragraph num="(1)"> <text>Maximize the transferability of courses to:</text> <paragraph num="(a)"> <text>Support timely completion of academic programs by transfer students;</text> </paragraph> <paragraph num="(b)"> <text>Minimize the need for transfer students to repeat coursework completed at a previous institution; and</text> </paragraph> <paragraph num="(c)"> <text>Limit the financial burden on transfer students;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Foster collaboration and communication between institutions regarding proposed academic program changes that could impact the efficacy of transferring courses and credits;</text> </paragraph> <paragraph num="(3)"> <text>Establish a process and timeline for institutional review of a denial of a course or credit transfer; and</text> </paragraph> <paragraph num="(4)"> <text>Make public and easily accessible all policies and procedures regarding transfer students and the transfer of courses and credits.</text> </paragraph> </paragraph> <paragraph num="C."> <text>This chapter is not intended to affect a student’s eligibility for and use of federal financial aid, and nothing in this chapter shall be construed in a manner that would prevent a student from being eligible for or using federal financial aid.</text> </paragraph> <paragraph num="D."> <text>Except for Regulations .02 and .13A—H of this chapter, this chapter applies only to public institutions of higher education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Academic Credit.</text> <paragraph num="(a)"> <text>“Academic credit” or “credit” means the certification by the Registrar of a student's successful completion of a course leading to a formal award granted by an institution of higher education.</text> </paragraph> <paragraph num="(b)"> <text>“Academic credit” or “credit” does not include credit awarded for remedial education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Articulation agreement” means a written agreement for the awarding of credit by an institution of higher education for the completion of coursework or prior learning at another institution or entity.</text> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(4)"> <text>“Course” means a collection of lessons that is intended to meet specific learning objectives and is measured in academic credits.</text> </paragraph> <paragraph num="(5)"> <text>“Course Transfer Agreement” means an articulation agreement regarding the award of credit by a receiving institution for courses completed at the sending institution that are not specific to the completion of an academic program at the receiving institution.</text> </paragraph> <paragraph num="(6)"> <text>“Credit for prior learning” means credit granted to a student from an institution of higher education for experiential learning or a nationally recognized standardized examination that has been assessed by the institution to be the equivalent of learning gained through formal collegiate instruction.</text> </paragraph> <paragraph num="(7)"> <text>“Cumulative grade point average” means the average of grades received for completed coursework at an institution.</text> </paragraph> <paragraph num="(8)"> <text>“First-time student” means a student who:</text> <paragraph num="(a)"> <text>Has earned a high school diploma or equivalent; and</text> </paragraph> <paragraph num="(b)"> <text>Has not earned any college credit from an institution of higher education subsequent to earning the high school diploma or equivalent.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“First-time student with advanced standing” means a first-time undergraduate student who earned college credit from an institution of higher education prior to earning a high school diploma or equivalent.</text> </paragraph> <paragraph num="(10)"> <text>General Admission.</text> <paragraph num="(a)"> <text>“General admission” means admission to enroll as an undergraduate student at an institution of higher education.</text> </paragraph> <paragraph num="(b)"> <text>“General admission” does not include admission to a specific degree or certificate program.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“General education requirement” means an institutional requirement under COMAR 13B.06.01.03.</text> </paragraph> <paragraph num="(12)"> <text>“Institution of higher education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Institution of postsecondary education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Learning outcome” or “learning objective” means a description of the knowledge, skills, competencies, or expertise that a student is expected to obtain, exhibit, or meet upon the successful completion of a specific course or program.</text> </paragraph> <paragraph num="(15)"> <text>“Non-transfer student” means an undergraduate student who attends the same institution of higher education at which they initially enrolled and has not enrolled in a course of study at another institution of higher education since that initial enrollment.</text> </paragraph> <paragraph num="(16)"> <text>“Prior Learning Transfer Agreement” means an articulation agreement for a receiving institution to award academic credit for demonstrated proficiency, a satisfactory score on a specific assessment, applied experience, or other learning experience completed at an institution of postsecondary education or other entity.</text> </paragraph> <paragraph num="(17)"> <text>“Program” or “academic program” means a structured and coherent course of study with clearly defined learning objectives and intended student learning outcomes, leading to the award of a certificate or degree, that requires the completion of a specified number of course credits from among a prescribed group of general education, elective, and discipline-specific courses.</text> </paragraph> <paragraph num="(18)"> <text>“Program Transfer Agreement” means an articulation agreement between a receiving institution and a sending institution that sets forth the course and other degree requirements within a single bachelor’s degree program offered by the receiving institution that may be completed at the sending institution.</text> </paragraph> <paragraph num="(19)"> <text>“Receiving institution” means the institution of higher education to which a student desires to transfer courses and credits.</text> </paragraph> <paragraph num="(20)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(21)"> <text>“Sending institution” means an institution of higher education at which a student was previously enrolled and earned academic credit.</text> </paragraph> <paragraph num="(22)"> <text>“Transfer student” means an undergraduate student entering an institution for the first time who has successfully completed, after earning a high school diploma or equivalent, at least one course at another institution of higher education that is transferable to the institution the student is enrolling in.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Institutional Policies and Responsibilities."> <paragraph num="A."> <text>An institution shall establish written policies and procedures for transfer between public institutions that are consistent with this chapter.</text> </paragraph> <paragraph num="B."> <text>The policies and procedures established under §A of this regulation shall address, at a minimum:</text> <paragraph num="(1)"> <text>Information sharing and communication between institutions;</text> </paragraph> <paragraph num="(2)"> <text>Availability of information to students and the public;</text> </paragraph> <paragraph num="(3)"> <text>Admission of transfer students to the institution;</text> </paragraph> <paragraph num="(4)"> <text>Admission of transfer students into specific academic programs;</text> </paragraph> <paragraph num="(5)"> <text>Number of credits that may transfer and the application of credits to program requirements;</text> </paragraph> <paragraph num="(6)"> <text>Transfer of general education courses and credits;</text> </paragraph> <paragraph num="(7)"> <text>Processes and standards for the evaluation of individual course equivalencies and credit for prior learning;</text> </paragraph> <paragraph num="(8)"> <text>Processes for the establishment of course transferability, including, but not limited to, Program Transfer Agreements and other articulation agreements;</text> </paragraph> <paragraph num="(9)"> <text>Process for individual students to request credit and course transfer; and</text> </paragraph> <paragraph num="(10)"> <text>The roles of the institutional transfer coordinator and other faculty and staff.</text> </paragraph> </paragraph> <paragraph num="C."> <text>All policies and procedures established under this chapter shall ensure:</text> <paragraph num="(1)"> <text>Equitable treatment of non-transfer students, first-time students with advanced standing, and transfer students;</text> </paragraph> <paragraph num="(2)"> <text>That the evaluation of courses and credits for transfer maximizes the amount of credit awarded to a student;</text> </paragraph> <paragraph num="(3)"> <text>That students are not required to repeat equivalent coursework successfully completed at a sending institution; and</text> </paragraph> <paragraph num="(4)"> <text>That all information regarding transfer is available to other institutions, students, and the public.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Applicability of Policies to Students from Private and Out-of-State Institutions. Institutions are encouraged to use the standards set forth in Regulations .07—.11 of this chapter and the process set forth in Regulation .14D of this chapter to evaluate the transfer of courses and credits that were completed at a private or out-of-State institution of higher education.</text> </paragraph> <paragraph num="E."> <text>Transfer Coordinators.</text> <paragraph num="(1)"> <text>An institution of higher education shall designate at least one transfer coordinator, who:</text> <paragraph num="(a)"> <text>Serves as a resource person to students seeking to transfer courses and credits;</text> </paragraph> <paragraph num="(b)"> <text>Is responsible for coordinating the application of the policies and procedures established under §A of this regulation; and</text> </paragraph> <paragraph num="(c)"> <text>Is responsible for overseeing the process in Regulation .14 of this chapter for the evaluation of student transfer requests.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A transfer coordinator is not responsible for evaluating individual course equivalencies or credit for prior learning under Regulations .10 and .11 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Coordination Between Institutions and Segments."> <paragraph num="A."> <text>Information for Students and the Public. Institutions shall collaborate to develop and provide to students and the public current, accurate, and consistent information on transfer that is consistent with this chapter.</text> </paragraph> <paragraph num="B."> <text>Changes to Curriculum.</text> <paragraph num="(1)"> <text>When considering any curricular change, including non-substantial modifications to existing programs and changes to individual courses, an institution shall, at the earliest possible time, discuss any changes that might affect transfer students with all applicable public institutions.</text> </paragraph> <paragraph num="(2)"> <text>For curricular changes that are substantial modifications under COMAR 13B.02.03 and for new programs, an institution shall:</text> <paragraph num="(a)"> <text>Follow the procedures set forth in COMAR 13B.02.03.19; and</text> </paragraph> <paragraph num="(b)"> <text>Within 60 days of approval by the Commission, update all relevant student information.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>After making non-substantial modifications to existing programs, changes to individual courses, or other curricular changes that do not require Commission approval, institutions shall, within 60 days of the change:</text> <paragraph num="(a)"> <text>Update all articulation agreements affected by the change;</text> </paragraph> <paragraph num="(b)"> <text>Provide notification of the curricular change to any other applicable institutions of higher education; and</text> </paragraph> <paragraph num="(c)"> <text>Update all relevant student information.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Establishment of Transferability. Institutions shall collaborate to establish transferability of courses and credits by entering into Program Transfer Agreements, Course Transfer Agreements, or Prior Learning Transfer Agreements whenever possible.</text> </paragraph> <paragraph num="D."> <text>Uniform Policies. Institutions and segments shall coordinate to create uniform policies and procedures when practicable.</text> </paragraph> <paragraph num="E."> <text>Student Transfer Advisory Committee. The Secretary shall convene a permanent Student Transfer Advisory Committee that meets regularly to review and provide recommendations on issues relating to student transfer and any matters referred by the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Information for Students."> <paragraph num="A."> <text>All Institutions.</text> <paragraph num="(1)"> <text>An institution shall ensure that all articulation agreements and all information pertaining to transfer students and the transfer of courses and credits are:</text> <paragraph num="(a)"> <text>Written in language that is clear and explicit;</text> </paragraph> <paragraph num="(b)"> <text>Comprehensive, accurate, and regularly updated; and</text> </paragraph> <paragraph num="(c)"> <text>Available to prospective transfer students in publicly accessible sources.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Student information shall include, at a minimum:</text> <paragraph num="(a)"> <text>Admissions requirements for transfer students at public senior higher education institutions;</text> </paragraph> <paragraph num="(b)"> <text>Curriculum prerequisites at receiving institutions;</text> </paragraph> <paragraph num="(c)"> <text>Information about Program Transfer Agreements;</text> </paragraph> <paragraph num="(d)"> <text>Information about other articulation agreements and sources of established course and credit transferability;</text> </paragraph> <paragraph num="(e)"> <text>Transferability of general education courses;</text> </paragraph> <paragraph num="(f)"> <text>Transferability of individual courses;</text> </paragraph> <paragraph num="(g)"> <text>Credit transfer limits; and</text> </paragraph> <paragraph num="(h)"> <text>The credit transfer process, including:</text> <paragraph num="(i)"> <text>How to make a transfer evaluation request; and</text> </paragraph> <paragraph num="(ii)"> <text>The standards that are used to determine course and credit equivalency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Institutions shall:</text> <paragraph num="(a)"> <text>Promptly inform students of changes to admissions requirements, academic program requirements, and any of the other information in this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Notify students that:</text> <paragraph num="(i)"> <text>Students are accountable for the loss of credits resulting from changes to the student’s academic program; and</text> </paragraph> <paragraph num="(ii)"> <text>Credits earned for remedial coursework are not transferable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Institutions shall encourage all prospective transfer students to complete an associate’s degree.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Community Colleges. Community colleges shall encourage their students to select, as early as possible, the institution and academic program into which they desire to transfer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Admission of Transfer Students."> <paragraph num="A."> <text>General Admission to Public Institutions.</text> <paragraph num="(1)"> <text>General admission of a transfer student to an institution under >S1>A(2) and (3) of this regulation does not guarantee admission into a specific degree or certificate program at that institution.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §A(4) of this regulation, a student transferring from a public institution may not be denied general admission to another public institution if the student:</text> <paragraph num="(a)"> <text>Has completed an associate’s degree or at least 60 credit hours; and</text> </paragraph> <paragraph num="(b)"> <text>Attained a cumulative grade point average of at least 2.0 on a 4.0 scale or its equivalent at the sending institution.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A student transferring from a public institution who has not completed an associate’s degree or at least 60 credit hours is eligible for general admission to another public institution if the student:</text> <paragraph num="(a)"> <text>Satisfies the same admission criteria as a non-transfer student at the receiving public institution; and</text> </paragraph> <paragraph num="(b)"> <text>Attained a cumulative grade point average of at least 2.0 on a 4.0 scale or its equivalent at the sending institution.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the number of students seeking admission exceeds the number that can be accommodated at a receiving public institution, admission decisions for transfer students shall:</text> <paragraph num="(a)"> <text>Be based on criteria developed by the receiving institution that are publicly available and easily accessible on the institution’s website; and</text> </paragraph> <paragraph num="(b)"> <text>Maintain fair and equitable treatment for non-transfer students, transfer students, and first-time students with advanced standing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Admission to Specific Academic Programs.</text> <paragraph num="(1)"> <text>A receiving public institution may require additional admission requirements to a specific degree or certificate program.</text> </paragraph> <paragraph num="(2)"> <text>The standards for admission to the program shall:</text> <paragraph num="(a)"> <text>Be based on criteria developed by the receiving public institution that are publicly available and easily accessible on the institution’s website; and</text> </paragraph> <paragraph num="(b)"> <text>Maintain fair and equitable treatment for non-transfer students, transfer students, and first-time students with advanced standing.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Transfer of Courses and Credits Generally."> <paragraph num="A."> <text>A receiving institution shall accept for transfer and award credit for a course or credit completed at a sending institution if:</text> <paragraph num="(1)"> <text>The course is transferable under §B of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>The acceptance of and awarding of credit for the completed course or credit is consistent with the requirements of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Transferability.</text> <paragraph num="(1)"> <text>General education courses required under COMAR 13B.06.01 are transferable as set forth in Regulation .09 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>An individual course that is not being applied toward a general education requirement is transferable if:</text> <paragraph num="(a)"> <text>The course is deemed equivalent to a course at the receiving institution under the standards set forth in Regulation .10 of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>The course is part of a Program Transfer Agreement.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Credit for prior learning is transferable if deemed equivalent using the standards set forth in Regulation .11 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>Establishment of Transferability by Institutions.</text> <paragraph num="(a)"> <text>Whenever practicable, the transferability of courses or credits shall be established via Program Transfer Agreement or other mechanism consistent with Regulation .12 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>Documents establishing course equivalencies and course and credit transferability shall be publicly available and easily accessible for students and the public.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Awarding of Credit Toward Academic Program Requirements.</text> <paragraph num="(1)"> <text>A receiving institution’s award of credit for a transferred course or credit may be applied toward any academic program requirement at the receiving institution, regardless of the program requirement that the course fulfilled at the sending institution,</text> </paragraph> <paragraph num="(2)"> <text>The award of credit for a transferred course or credit may be applied toward multiple program requirements at the receiving institution consistent with the institution’s policies for non-transfer students.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Number of Credits Accepted for Transfer."> <paragraph num="A."> <text>Required Award of Credit by Public Senior Higher Education Institution for Courses Completed at Community College.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation and subject to §C of this regulation, a public senior higher education institution in the State shall accept for transfer at least 60, but not more than 70, credits that were earned toward an associate's degree at any community college in the State.</text> </paragraph> <paragraph num="(2)"> <text>A Program Transfer Agreement between a community college and a public senior higher education institution may allow for the transfer of more than 70 credits earned at the community college.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Required Award of Credit by Community College for Courses Completed at Public Senior Higher Education Institution.</text> <paragraph num="(1)"> <text>Subject to §C of this regulation, a community college shall accept for transfer at least 30, but not more than 45, credits that were earned at any public senior higher education institution in the State.</text> </paragraph> <paragraph num="(2)"> <text>A student may transfer credit under §B(1) of this regulation without enrolling in the community college if:</text> <paragraph num="(a)"> <text>The student earned at least 15 credits at the community college prior to attending the public senior higher education institution from which they desire to transfer credit; and</text> </paragraph> <paragraph num="(b)"> <text>The transfer of the credits will satisfy all remaining requirements to receive an associate’s degree from the community college.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Awarding and Application of Credit by Receiving Institution. An institution accepting the transfer of completed courses and credits under §A or B of this regulation shall award credit for those courses and apply the awarded credit toward academic program requirements as follows:</text> <paragraph num="(1)"> <text>For any course determined to be equivalent to a course at the receiving institution under this chapter, credit shall be awarded for the equivalent course.</text> </paragraph> <paragraph num="(2)"> <text>Credit awarded for an equivalent course shall be applied toward any general education, elective, major, or other program requirement that the course would fulfill for a non-transfer student.</text> </paragraph> <paragraph num="(3)"> <text>For any completed course that has no equivalent at the receiving institution, if the student earned a passing grade in the course at the sending institution, general credit or discipline-specific credit shall be awarded, as appropriate.</text> </paragraph> <paragraph num="(4)"> <text>Credit awarded for a course with no equivalent at the receiving institution may be applied toward any general education or elective requirement, if the institution has a written, publicly available policy regarding such an application that ensures the equitable treatment of all transfer students.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Transfer of General Education Courses."> <paragraph num="A."> <text>A receiving institution shall accept for transfer any completed course that fulfilled a general education requirement at the sending institution.</text> </paragraph> <paragraph num="B."> <text>Credit for a general education course completed at a sending institution shall be applied toward any general education requirement in the same core area at the receiving institution to which it was applied at the sending institution, regardless of whether an equivalent course exists at the receiving institution.</text> </paragraph> <paragraph num="C."> <text>Credit for any completed course that fulfills any general education requirement at the sending institution, that cannot be applied pursuant to §B of this regulation, shall be applied toward any elective within the general education requirements at the receiving institution, regardless of whether an equivalent course exists at the receiving institution.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Evaluation of Individual Course Equivalencies."> <paragraph num="A."> <text>Equivalency Standard.</text> <paragraph num="(1)"> <text>A receiving institution shall accept a course or combination of courses completed at a sending institution for transfer when the receiving institution determines that at least 70 percent of the course learning objectives of the course or combination of courses completed at the sending institution are equivalent to the course learning objectives of a course or combination of courses at a receiving institution.</text> </paragraph> <paragraph num="(2)"> <text>An institution may not use any other standard or method of determining the equivalency of an individual course or combination of courses at a sending institution to a course or combination of courses at a receiving institution, other than the standard set forth in §A(1) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>An institution may not consider the course numbers or levels assigned to the sending or receiving institution’s course or combination of courses when making a determination under §A(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Equivalencies shall be determined by faculty who are subject matter experts and may not be determined by non-academic staff.</text> </paragraph> <paragraph num="C."> <text>An equivalent course shall only be transferred if the grade achieved at the sending institution for the completed course is the same or higher than the grade required for a non-transfer student in the equivalent course at the receiving institution.</text> </paragraph> <paragraph num="D."> <text>The number of credits awarded to the student by the receiving institution for a course or combination of courses deemed equivalent under this regulation may not be less than the number of credits earned for that course or combination of courses at the sending institution.</text> </paragraph> <paragraph num="E."> <text>An institution shall include in the policies and procedures established under Regulation .03 of this chapter the process the institution will use for the evaluation of course learning objective equivalencies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Transfer of Previously Awarded Credit for Prior Learning."> <paragraph num="A."> <text>Transfer by a receiving institution of previously awarded credit for prior learning, whether credit by exam, for nationally recognized standardized examination scores, or experiential learning, shall be:</text> <paragraph num="(1)"> <text>Evaluated using the same standards that apply to the awarding of credit for prior learning to non-transfer students at the receiving institution;</text> </paragraph> <paragraph num="(2)"> <text>Indicated on the student’s transcript at the receiving institution, including the basis for awarding the credit for prior learning; and</text> </paragraph> <paragraph num="(3)"> <text>Consistent with COMAR 13B.02.02.16H.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Equivalency for prior learning which has no explicit course equivalency, such as experiential learning, shall be established by the receiving institution using the same validation procedures for evaluating specific learning outcomes that are used for non-transfer students at the institution.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Establishment of Transferability."> <paragraph num="A."> <text>Institutions may establish transferability of courses and credits through:</text> <paragraph num="(1)"> <text>A Program Transfer Agreement, as set forth in Regulation .13 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>A Course Transfer Agreement or Prior Learning Transfer Agreement;</text> </paragraph> <paragraph num="(3)"> <text>A list of courses that have already been evaluated and deemed equivalent under Regulation .10 of this chapter; or</text> </paragraph> <paragraph num="(4)"> <text>Any other mechanism that enables a student to determine, prior to registering for a course at a sending institution, whether the course will transfer to a specific receiving institution.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Institutions shall, to the fullest extent possible, systematically establish the transferability of courses and credits to facilitate maximum transferability of courses and credits and support degree planning for students.</text> </paragraph> <paragraph num="C."> <text>All articulations agreements, lists, and other information that establish transferability shall be:</text> <paragraph num="(1)"> <text>Published in a central location that is easily accessible for students and the public; and</text> </paragraph> <paragraph num="(2)"> <text>Reviewed to ensure accuracy on a regular basis, but no less than once a year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Any information regarding the transferability of the course that is publicly available in an institutional source at the time of a student’s transfer evaluation request shall be honored by the institution.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Program Transfer Agreements."> <paragraph num="A."> <text>Except for §§I and J of this regulation, this regulation applies to all institutions of higher education operating in the State.</text> </paragraph> <paragraph num="B."> <text>Institutions are encouraged to leverage the use of Program Transfer Agreements to facilitate the transparent, seamless, and equitable transfer of a student from a sending institution into a specific academic program at a receiving institution.</text> </paragraph> <paragraph num="C."> <text>A Program Transfer Agreement between two institutions of higher education in the State shall specify:</text> <paragraph num="(1)"> <text>The course(s) at the sending institution, including any minimum grade required in the course(s), that will be accepted for transfer to fulfill each degree requirement within the academic program at the receiving institution;</text> </paragraph> <paragraph num="(2)"> <text>Any other degree requirements, including, but not limited to, internships and other experiential learning, that may be completed at the sending institution; and</text> </paragraph> <paragraph num="(3)"> <text>If the receiving institution will accept for transfer any credit for prior learning awarded by the sending institution.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A Program Transfer Agreement may also include provisions regarding:</text> <paragraph num="(1)"> <text>Procedures for admissions, registration, and advising;</text> </paragraph> <paragraph num="(2)"> <text>Access to student services, including financial aid;</text> </paragraph> <paragraph num="(3)"> <text>Cost of tuition; and</text> </paragraph> <paragraph num="(4)"> <text>Any other information that may facilitate the transfer of academic credit from the sending institution to the receiving institution.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A Program Transfer Agreement may have more than one sending institution and more than one receiving institution.</text> </paragraph> <paragraph num="F."> <text>A Program Transfer Agreement shall be signed by the president, executive director, chief academic officer, or equivalent designee of each institution that is a party to the agreement.</text> </paragraph> <paragraph num="G."> <text>A final, signed copy of a Program Transfer Agreement shall be deposited with the Commission no more than 30 days after all institutions have signed the agreement.</text> </paragraph> <paragraph num="H."> <text>Each institution that is a party to a Program Transfer Agreement shall include the full agreement on their website and in other publicly accessible sources.</text> </paragraph> <paragraph num="I."> <text>A transfer student at a public institution shall be provided the same opportunity as a non-transfer student at the same institution to pursue the program requirements that were in effect at the time that the transfer student enrolled at the sending institution, provided the student has been continuously enrolled and has fulfilled the requirements of the corresponding Program Transfer Agreement.</text> </paragraph> <paragraph num="J."> <text>A public institution of higher education may not deny the transfer of any course that is set forth in a publicly available version of a Program Transfer Agreement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Evaluation and Review Process for Transfer of Courses and Credits."> <paragraph num="A."> <text>Purpose. The purpose of the evaluation and review process is to maximize the courses and credits accepted for transfer by a receiving institution.</text> </paragraph> <paragraph num="B."> <text>Transfer Evaluation Request by Student.</text> <paragraph num="(1)"> <text>A current or prospective transfer student who desires to transfer courses or credits from a prior institution of higher education to a receiving institution shall submit to the receiving institution a request to conduct an evaluation of official transcripts and other relevant materials.</text> </paragraph> <paragraph num="(2)"> <text>The request shall be in the form and manner required by the receiving institution and shall identify each completed course and each credit awarded for prior learning that the student desires to transfer to the receiving institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Timing of Evaluation by Receiving Institution.</text> <paragraph num="(1)"> <text>Except as set forth in §C(2) of this regulation, in response to a complete request submitted under §B of this regulation, a receiving institution shall conduct and complete an evaluation of the student’s official transcripts and other relevant materials no later than 20 business days after receipt of the official transcripts.</text> </paragraph> <paragraph num="(2)"> <text>If the official transcripts are received more than 30 business days before the start of the student’s first semester at the receiving institution, the evaluation shall be conducted and completed no later than 10 business days prior to the start of the student’s first semester.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Evaluation of Course and Credit Transfer by Receiving Institution.</text> <paragraph num="(1)"> <text>In accordance with §D(2) and (3) of this regulation, a receiving institution shall evaluate each completed course or credit in a transfer evaluation request to determine:</text> <paragraph num="(a)"> <text>First, if the course or credit is transferable; and</text> </paragraph> <paragraph num="(b)"> <text>Second, the academic program requirement(s) to which a transferable course or credit will be applied.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Transferability.</text> <paragraph num="(a)"> <text>The transferability of the course or credit shall be evaluated by determining:</text> <paragraph num="(i)"> <text>If the transferability of the course or credit has been established in a Program Transfer Agreement, other transfer agreement, course equivalency list, or other institutional publication;</text> </paragraph> <paragraph num="(ii)"> <text>If the course fulfilled a general education course at the sending institution;</text> </paragraph> <paragraph num="(iii)"> <text>If, under the standard in Regulation .10 of this chapter, as determined by an appropriate academic staff member, the course is equivalent to a course at the receiving institution; or</text> </paragraph> <paragraph num="(iv)"> <text>If, under the standard in Regulation .11 of this chapter, as determined by an appropriate academic staff member, the credit is equivalent to credit for prior learning at the receiving institution.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A course that is not transferable under §D(2)(a) shall be denied.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Application of Credit.</text> <paragraph num="(a)"> <text>In accordance with Regulation .08C of this chapter, and consistent with the standards set forth in this chapter and the institutional policies and procedures established under Regulation .03 of this chapter, each course or credit accepted for transfer shall be evaluated to determine if it fulfills:</text> <paragraph num="(i)"> <text>A general education requirement;</text> </paragraph> <paragraph num="(ii)"> <text>A requirement of the student’s academic program;</text> </paragraph> <paragraph num="(iii)"> <text>An elective requirement;</text> </paragraph> <paragraph num="(iv)"> <text>Any other institutional or program requirement; or</text> </paragraph> <paragraph num="(v)"> <text>Two or more of the requirements in §D(3)(a)(i)—(iv) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the number of credits assigned to all transferable courses and credits exceeds the limits set forth in Regulation .08 of this chapter, the courses that are not accepted for transfer shall be:</text> <paragraph num="(i)"> <text>Determined after evaluating the application of credit under §D(3)(a) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>Selected to minimize the number of courses a student will need to take at the receiving institution to complete a degree.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Transfer Evaluation Report.</text> <paragraph num="(1)"> <text>No later than the applicable deadline set forth in §C of this regulation, a receiving institution shall issue a Transfer Evaluation Report to inform a student in writing of the outcome of the evaluation.</text> </paragraph> <paragraph num="(2)"> <text>The Transfer Evaluation Report shall include, for each course and credit requested for transfer:</text> <paragraph num="(a)"> <text>If the course or credit has been accepted for transfer or denied;</text> </paragraph> <paragraph num="(b)"> <text>For each course and credit accepted for transfer:</text> <paragraph num="(i)"> <text>The basis for transferability; and</text> </paragraph> <paragraph num="(ii)"> <text>The program requirement(s) it fulfills under §D(3) of this regulation;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>For each course or credit denied because it is not transferable, a clear and detailed explanation of the reason for the denial;</text> </paragraph> <paragraph num="(d)"> <text>For each course or credit denied because the total number of transferable credits exceeded the limits set forth in Regulation .08 of this chapter, a clear and detailed explanation of the basis for the determination of which transferable course(s) or credit(s) were denied;</text> </paragraph> <paragraph num="(e)"> <text>If any course or credit is denied, a statement explaining that all course and credit transfer denials will be reviewed by the sending institution, in conjunction with the receiving institution, without further action on the part of the student; and</text> </paragraph> <paragraph num="(f)"> <text>The name, title, email address, and phone number of the individual at the receiving institution whom the student can contact with questions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A copy of the Transfer Evaluation Report shall be provided to all sending institutions simultaneously with the issuance of the report to the student.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Receiving Institution Transcript. As soon as possible after acceptance of a course or credit for transfer, the receiving institution shall ensure that the student’s transcript reflects the credits awarded.</text> </paragraph> <paragraph num="G."> <text>Review of Denials by Sending Institution.</text> <paragraph num="(1)"> <text>If any course or credit is denied, the sending institution, in conjunction with the receiving institution, shall conduct an evaluation to review each denial of a course or credit.</text> </paragraph> <paragraph num="(2)"> <text>The transfer coordinator or institutional designee of the sending institution shall conduct the evaluation in accordance with §D of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The evaluation shall be completed, and a copy of the sending institution’s analysis shall be provided to the receiving institution, no later than 20 business days after receipt of the Transfer Evaluation Report.</text> </paragraph> <paragraph num="(4)"> <text>The sending institution’s analysis shall indicate, for each course or credit denied by the receiving institution, whether the sending institution agrees or disagrees with the receiving institution’s evaluation and rationale.</text> </paragraph> <paragraph num="(5)"> <text>Meeting Between Sending and Receiving Institutions.</text> <paragraph num="(a)"> <text>The sending and receiving institutions shall meet to discuss the analyses no later than 20 business days after the sending institution’s analysis is provided to the receiving institution.</text> </paragraph> <paragraph num="(b)"> <text>During the meeting, the institutions shall review and discuss each course or credit denial determination with which the sending institution disagrees.</text> </paragraph> <paragraph num="(c)"> <text>The meeting may be held via phone or video conference.</text> </paragraph> <paragraph num="(d)"> <text>Waiver.</text> <paragraph num="(i)"> <text>For good cause, a sending institution may request that the Secretary waive the meeting requirement for any individual review.</text> </paragraph> <paragraph num="(ii)"> <text>A request for a waiver shall be made, in writing, with a copy to the receiving institution, no later than 5 business days of providing the analysis to the receiving institution.</text> </paragraph> <paragraph num="(iii)"> <text>The Secretary shall approve or deny a request for a waiver of the meeting within 10 business days of receipt.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>No later than 10 business days after the meeting, a sending institution shall provide to the receiving institution:</text> <paragraph num="(a)"> <text>A revised version of the sending institution’s analysis; or</text> </paragraph> <paragraph num="(b)"> <text>Written notification that no revisions to the sending institution’s analysis are necessary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Final Determination by Receiving Institution.</text> <paragraph num="(1)"> <text>No later than 10 business days after receipt of a revised analysis from the sending institution or a notification under §G(6) of this regulation, the receiving institution shall provide to the student:</text> <paragraph num="(a)"> <text>A Revised Transfer Evaluation Report; or</text> </paragraph> <paragraph num="(b)"> <text>Written notification that the review process has not resulted in any changes to the Transfer Evaluation Report.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The decision arising out of the review process regarding the transferability of courses and credits under §D(2) constitutes the final decision of the receiving institution and is not subject to appeal.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Records.</text> <paragraph num="(1)"> <text>A receiving institution shall keep records of all denied courses and credits, including but not limited to, the Transfer Evaluation Report, the sending institution analysis, any revisions to the sending institution analysis, and any Revised Transfer Evaluation Report, for at least 5 years after the student ceases enrollment at the institution or 2 years after the student completes a bachelor’s degree, whichever is earlier.</text> </paragraph> <paragraph num="(2)"> <text>An institution shall annually report to the Commission, in a form prescribed by the Commission, each denial of a course or credit transfer, including the reason for each denial.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105 and 11-207, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 18, 2019 (46:23 Md. R. 1066)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulations .01—.14 adopted effective October 19, 2020 (47:21 Md. R. 905)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 22, 2022 (49:17 Md. R. 790)</annotation> </annotations> </chapter> </subtitle> <subtitle num="07" heading="Community Colleges"> <chapter num="01" heading="Scope and Definitions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Except as otherwise provided, all regulations and policies of the Commission apply to both credit courses and programs and continuing education noncredit courses.</text> </paragraph> <paragraph num="B."> <text>This subtitle applies to the Baltimore City Community College except for the following:</text> <paragraph num="(1)"> <text>COMAR 13B.07.02.02B;</text> </paragraph> <paragraph num="(2)"> <text>COMAR 13B.07.02.03B(1) and (2);</text> </paragraph> <paragraph num="(3)"> <text>COMAR 13B.07.02.03C(1), D, E, and F;</text> </paragraph> <paragraph num="(4)"> <text>COMAR 13B.07.02.04C;</text> </paragraph> <paragraph num="(5)"> <text>COMAR 13B.07.02.06;</text> </paragraph> <paragraph num="(6)"> <text>COMAR 13B.07.03; and</text> </paragraph> <paragraph num="(7)"> <text>COMAR 13B.07.04.01, .03, .04, .05, and .06.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Board of trustees of a college” means the governing board of a college or system.</text> </paragraph> <paragraph num="(2)"> <text>College.</text> <paragraph num="(a)"> <text>“College” means a public community college or regional community college authorized to operate in Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“College” includes Baltimore City Community College, except as provided in Regulation .01B of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(4)"> <text>“Continuing education course” means a course for which academic credit is not awarded.</text> </paragraph> <paragraph num="(5)"> <text>“Contract amount” means the total amount received by a college from a local, State, or federal contract, plus any other federal or State revenue related to the contract, excluding full-time equivalent student (FTE) State support.</text> </paragraph> <paragraph num="(6)"> <text>“County” means:</text> <paragraph num="(a)"> <text>A political subdivision of the State that supports a community college under Education Article, §16-201, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>The total of all counties that support a regional community college under Education Article, §16-302, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“County resident” means a student who has maintained a domicile in the county or region served by the college for at least 3 months before the date of enrollment at a college.</text> </paragraph> <paragraph num="(8)"> <text>Direct Costs.</text> <paragraph num="(a)"> <text>“Direct costs” means expenditures that are clearly incurred by the college in the fulfillment of a federal, State, or local contract or grant, and are explicitly related to the performance or fulfillment of the contract or grant.</text> </paragraph> <paragraph num="(b)"> <text>“Direct costs” includes salaries, wages, benefits, services, materials, and equipment.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Domicile” means:</text> <paragraph num="(a)"> <text>A student's permanent place of abode, where physical presence and possessions are maintained with the intention of remaining indefinitely; or</text> </paragraph> <paragraph num="(b)"> <text>The permanent place of abode of any person or persons contributing more than 1/2 of the student's financial support during the most recently completed year.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Dual enrollment student” means a secondary student who is enrolled in college courses and receives both high school and college credit for the courses completed.</text> </paragraph> <paragraph num="(11)"> <text>“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.</text> </paragraph> <paragraph num="(12)"> <text>“Electronic signature” means an electronic sound, symbol, or process that is a protected entity, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.</text> </paragraph> <paragraph num="(13)"> <text>“Eligible employee” means a full-time, nontemporary employee of the college who is entitled to receive full employment benefits at the college.</text> </paragraph> <paragraph num="(14)"> <text>“Equated credit” means contact hours divided by 15.</text> </paragraph> <paragraph num="(15)"> <text>“Full-time day equivalent (FTDE)” means the total number of credit hours taught on campus between 8 a.m. and 5 p.m., divided by 15 credit hours.</text> </paragraph> <paragraph num="(16)"> <text>“Full-time equivalent faculty (FTEF)” means the number of full-time faculty plus the number of course credit hours eligible for State aid and taught by part-time faculty during a given fiscal year, divided by 30.</text> </paragraph> <paragraph num="(17)"> <text>“Full-time equivalent student” means the quotient of the number of student credit hours produced in the fiscal year which is 2 years before the fiscal year for which the State share is calculated, divided by 30.</text> </paragraph> <paragraph num="(18)"> <text>“Gifted and talented” means an elementary or secondary school student who is identified by professionally qualified individuals as having outstanding abilities in one or more of the following areas:</text> <paragraph num="(a)"> <text>General intellectual capabilities;</text> </paragraph> <paragraph num="(b)"> <text>Specific academic aptitudes; or</text> </paragraph> <paragraph num="(c)"> <text>Creative, visual, or performing arts.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Indirect costs” means the number of full-time equivalent (FTE) students taught under a training contract multiplied by the budgeted current year net cost per FTE for that college per the Annual Budget Report (form MHEC-CC-5), multiplied by the percentage of the adjusted current unrestricted expenditures in all functions other than instruction as reported in the current Annual Budget Report (form MHEC-CC-5) for that college.</text> </paragraph> <paragraph num="(20)"> <text>“Maryland resident” means a student who has maintained a domicile in Maryland for at least 3 months before the date of enrollment at a college.</text> </paragraph> <paragraph num="(21)"> <text>"PlanMaryland” means the State Development Plan prepared by the Maryland Department of Planning and filed with the Secretary of State on December 16, 2011.</text> </paragraph> <paragraph num="(22)"> <text>“Protected entity” means a process for verifying that an electronic signature is that of a specific person to whom the electronic signature is being attributed.</text> </paragraph> <paragraph num="(23)"> <text>“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium retrievable in a perceivable form.</text> </paragraph> <paragraph num="(24)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(25)"> <text>Standardized Test.</text> <paragraph num="(a)"> <text>“Standardized test” means a test distributed by external agencies for determining academic equivalence of knowledge or skills, or both.</text> </paragraph> <paragraph num="(b)"> <text>“Standardized test” does not include departmental or other examinations developed and administered by the college.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105, and Title 16, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1998 (25:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 17, 2001 (28:18 Md. R. 1622); June 23, 2003 (30:12 Md. R. 791); March 31, 2014 (41:6 Md. R. 380)</annotation> </annotations> </chapter> <chapter num="02" heading="General Regulations and Policies for Community Colleges"> <regulation prefix="Regulation" num=".01" heading="Admission and Transfer of Students."> <paragraph num="A."> <text>A college shall adhere to the:</text> <paragraph num="(1)"> <text>Admissions requirements set forth in COMAR 13B.02.02; and</text> </paragraph> <paragraph num="(2)"> <text>Transfer requirements set forth in COMAR 13B.06.02.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Gifted and Talented Students.</text> <paragraph num="(1)"> <text>A college may admit gifted and talented students.</text> </paragraph> <paragraph num="(2)"> <text>A gifted and talented student may enroll in programs or other college-level credit or noncredit courses, as determined by the appropriate college and school officials.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Dual Enrollment Students.</text> <paragraph num="(1)"> <text>A college may admit dual enrollment students.</text> </paragraph> <paragraph num="(2)"> <text>A college may waive tuition and fees for dual enrollment students.</text> </paragraph> <paragraph num="(3)"> <text>A dual enrollment student may enroll in programs or other college-level credit or noncredit courses, as determined individually by the appropriate college and school officials.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Continuing Education."> <paragraph num="A."> <text>A college may not identify a continuing education course or a series of continuing education courses as credit programs.</text> </paragraph> <paragraph num="B."> <text>Procedures and Requirements for State Funding (Not Applicable to Baltimore City Community College).</text> <paragraph num="(1)"> <text>A college shall submit to the Commission enrollment information for all State-approved noncredit continuing education courses offered during a fiscal year.</text> </paragraph> <paragraph num="(2)"> <text>A college may not receive State funding for continuing education courses until the Commission approves the courses.</text> </paragraph> <paragraph num="(3)"> <text>A college shall conduct and advertise continuing education courses in accordance with the approved description, objectives, and title.</text> </paragraph> <paragraph num="(4)"> <text>A college shall teach continuing education courses for a minimum of 5 contact hours, unless a lesser number of hours is specifically approved by the Commission for purposes of certification or contracted training.</text> </paragraph> <paragraph num="(5)"> <text>The Commission may not approve recreational courses for State funding.</text> </paragraph> <paragraph num="(6)"> <text>A continuing education course shall be approved for a period of not less than 2 fiscal years unless the college has been otherwise notified in writing by the Commission.</text> </paragraph> <paragraph num="(7)"> <text>The Commission may not retroactively apply new submission and evaluation criteria to continuing education courses approved for State funding.</text> </paragraph> <paragraph num="(8)"> <text>A college shall maintain an open file of general course descriptions and course objectives for each continuing education course offered.</text> </paragraph> <paragraph num="(9)"> <text>A college shall retain original enrollment records for continuing education courses certifying student eligibility for State aid for at least 5 years.</text> </paragraph> <paragraph num="(10)"> <text>When two or more colleges jointly sponsor a noncredit continuing education course, participating students shall be enrolled, recorded, and registered by the college that will ultimately submit the request for State funding for the course.</text> </paragraph> <paragraph num="(11)"> <text>A student enrolled in continuing education courses for which State funding is requested shall pay tuition or fees, or both, unless otherwise permitted by State law.</text> </paragraph> <paragraph num="(12)"> <text>A college may not receive State funding for students younger than 16 years old enrolled in continuing education courses, unless otherwise permitted by State law.</text> </paragraph> <paragraph num="(13)"> <text>A high school student concurrently enrolled in continuing education courses that are part of the student's high school curriculum may not be submitted for State funding.</text> </paragraph> <paragraph num="(14)"> <text>An employee of the college who is enrolled in continuing education courses without payment of tuition, either through tuition waiver, tuition payment-reimbursement, or by direct finance of the course work by individual college departments, may not be submitted for State funding.</text> </paragraph> <paragraph num="(15)"> <text>Instruction in continuing education courses shall involve either direct or delayed faculty and student interaction which may include interactive video, live and video teleconferencing, and computer conferencing.</text> </paragraph> <paragraph num="(16)"> <text>A continuing education course that is approved for State funding shall be open to the public, except when the course is being offered under contract to meet employee training needs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Residency Policy."> <paragraph num="A."> <text>College Policies.</text> <paragraph num="(1)"> <text>A college board of trustees shall adopt and publish in the college catalog or other public document a policy governing classification of students by domicile for tuition purposes.</text> </paragraph> <paragraph num="(2)"> <text>The classification of students by domicile shall be in accordance with this chapter.</text> </paragraph> <paragraph num="(3)"> <text>An individual's immigration status may not preclude award of Maryland residency under this policy if the individual has the legal capacity to establish domicile in Maryland.</text> </paragraph> <paragraph num="(4)"> <text>A college shall provide in its policy an opportunity for a student to request a change in residency classification or to appeal a current classification.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The policy in §A of this regulation shall distinguish at least the following categories of students:</text> <paragraph num="(1)"> <text>Residents of the county or counties that support the colleges (not applicable to Baltimore City Community College);</text> </paragraph> <paragraph num="(2)"> <text>Maryland residents from outside the county or counties that support the college (not applicable to Baltimore City Community College); and</text> </paragraph> <paragraph num="(3)"> <text>Out-of-State residents.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Tuition Requirements.</text> <paragraph num="(1)"> <text>Out-of-State students shall pay tuition in accordance with Education Article, §16-310(a), Annotated Code of Maryland (not applicable to Baltimore City Community College).</text> </paragraph> <paragraph num="(2)"> <text>Out-of-county or out-of-region students shall pay tuition in accordance with Education Article, §16-310(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>A student enrolled in a program designed as health manpower shortage, Statewide or regional by the Commission shall be considered a resident for tuition purposes.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Contract Authorization (not applicable to Baltimore City Community College).</text> <paragraph num="(1)"> <text>A college may adopt a policy allowing it to enter into a contract to provide education or training for public or private sector employees or members with a public or private sector employer or nonprofit organization that maintains facilities, operates, or does business in the State. The contract may provide for a set contractual fee in place of payment of tuition under the following conditions:</text> <paragraph num="(a)"> <text>The employee or member is enrolled in credit or noncredit courses that will benefit the employer or nonprofit organization;</text> </paragraph> <paragraph num="(b)"> <text>The employer or nonprofit organization pays the fee charged by the college; and</text> </paragraph> <paragraph num="(c)"> <text>The fee reasonably reflects the usual costs charged to students in the same or similar courses.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Contractual arrangements under this program may include customized training as well as employer-paid or organization-paid tuition and tuition reimbursement plans.</text> </paragraph> <paragraph num="(3)"> <text>The employees or members enrolled under this program are eligible to be considered Maryland residents for purposes of State aid.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A student enrolling in a credit course or a noncredit continuing education course at a college shall indicate by electronic signature or in writing, on a form prescribed by the board of trustees of the college, whether the student is a resident of the State and the county or region (not applicable to Baltimore City Community College).</text> </paragraph> <paragraph num="F."> <text>The following students shall be considered to be Maryland residents (not applicable to Baltimore City Community College):</text> <paragraph num="(1)"> <text>Military personnel and their dependents who have a domicile in Maryland at the time of entrance into the armed forces and who are stationed outside the State;</text> </paragraph> <paragraph num="(2)"> <text>Military personnel stationed in Maryland and on active duty who did not have a domicile in Maryland at the time of entrance into the armed forces, and their dependents;</text> </paragraph> <paragraph num="(3)"> <text>A student enrolled in a program designated by the Commission as a health manpower shortage program;</text> </paragraph> <paragraph num="(4)"> <text>A student from outside the State who enrolls as part of a reciprocity agreement negotiated between Maryland and another state; and</text> </paragraph> <paragraph num="(5)"> <text>A returned Peace Corps volunteer under Education Article, §15-106.11, Annotated Code of Maryland, who is domiciled in the State and attends a public institution of higher education in the State.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Nursing Students.</text> <paragraph num="(1)"> <text>A student from outside the State who is formally admitted and enrolled in an education program leading to licensure in nursing is considered a resident for tuition and State aid purposes if the student:</text> <paragraph num="(a)"> <text>Furnishes a surety bond or guaranteed promissory note to the Commission through the college, with security satisfactory to the Commission, that on completion of the nursing education program the student will work full-time in Maryland for at least 2 years in a hospital or related institution, as defined in Health-General Article, §19-301, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Provides the surety bond or promissory note at the time of registration; and</text> </paragraph> <paragraph num="(c)"> <text>Reports the student's current address and employment status to the Commission each year after the student's graduation until the student's work obligation has been completed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Each college shall report by December 15 of each year to the Commission the total number of students participating in this program and the total dollar amount for the previous academic year.</text> </paragraph> </paragraph> <paragraph num="H."> <text>An individual who the college determines to be a Maryland resident in accordance with this regulation is considered a Maryland resident for purposes of State aid.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Tuition Waiver for Faculty, Staff, and Dependents."> <paragraph num="A."> <text>If permitted by policy of the board of trustees, a faculty or staff member, or dependents of the faculty or staff member, may enroll in a class on a space-available basis without payment of tuition.</text> </paragraph> <paragraph num="B."> <text>A board of trustees may limit the conditions under which individuals may enroll without payment of tuition or the total number of classes in which they may enroll during a term.</text> </paragraph> <paragraph num="C."> <text>An individual who enrolls without payment of tuition because of status as an employee or dependent of an employee is not counted in the computation of full-time equivalent students for purposes of State funding (not applicable to Baltimore City Community College).</text> </paragraph> <paragraph num="D."> <text>Instead of a direct tuition waiver, a college may accomplish the purposes of this regulation by tuition deferment or tuition reimbursement if an individual so treated is not included within the computation of full-time equivalent students for purposes of State funding.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Foundations."> <paragraph num="A."> <text>A college may participate in the establishment of a foundation or foundations associated with it for the purpose of assisting the college to perform its mission.</text> </paragraph> <paragraph num="B."> <text>If one or more foundations associated with a college are established, the provisions in §§C—N of this regulation govern the college's activities in relation to the foundation or foundations.</text> </paragraph> <paragraph num="C."> <text>A college shall require as a condition of acceptance of funds from an affiliated foundation that an annual audit of the foundation's fiscal affairs is conducted by an independent certified public accountant, with sufficient detail to allow the college and boards of trustees to ascertain the purposes of expenditures, including the assurance that funds are accounted for and used in accordance with donor instructions. In addition, the audit report shall contain a management letter which specifically addresses the operating procedures of the foundation and recommends any corrective actions necessary to ensure fiscal propriety and efficiency.</text> </paragraph> <paragraph num="D."> <text>A college shall require as a condition of acceptance of funds from an affiliated foundation that the foundation provide the college with a detailed annual report of expenditures made to or on behalf of the college's employees which has been verified by the foundation's independent audit.</text> </paragraph> <paragraph num="E."> <text>A college may not accept funds from an affiliated foundation unless the foundation uses generally accepted accounting principles and practices. These need not be the same as those employed by the college.</text> </paragraph> <paragraph num="F."> <text>A college shall require that an annual report stating major activities, officers, and employees of the foundation is on file with the college and is available to the general public and other interested parties upon request.</text> </paragraph> <paragraph num="G."> <text>Since the basic purpose of a foundation is the enhancement of the college, a foundation may engage in any activity considered legitimate to a private corporation which does not conflict with law, its articles of incorporation, any applicable donor instructions, or the mission of the college. The board of trustees and the college shall monitor their relationship with an affiliated foundation to ensure compliance with the limitations in this section.</text> </paragraph> <paragraph num="H."> <text>The board of trustees shall develop and adopt specific regulations which deal with the relationship between the board, the college, and the foundation. In addition, these regulations shall be further supported by written agreements which are necessary to clearly delineate the structure of the relationship as well as stress the separate identities of college and foundation. These regulations and agreements shall deal with procedures for acceptance of contributions from the foundation, the use and reimbursement by the foundation of the college's facilities, resources and personnel, and the dual or supplemental employment of the college's employees by the foundation.</text> </paragraph> <paragraph num="I."> <text>The board of trustees shall ensure that all additional costs incurred by a college as a result of providing a service, resources, or a facility to the foundation are properly reimbursed by the foundation.</text> </paragraph> <paragraph num="J."> <text>To avoid possible confusion or misrepresentation to the general public, the board of trustees and the college shall ensure that all correspondence, solicitations, activities, and advertisements concerning the foundation are readily identified as being from the foundation.</text> </paragraph> <paragraph num="K."> <text>The board of trustees shall ensure that the college does not use foundation funds for the purpose of circumventing State policies or regulations by engaging in activities or making expenditures which have been denied the college for other than purely financial reasons.</text> </paragraph> <paragraph num="L."> <text>In addition to the provisions of §§C—K of this regulation, the board of trustees and the college may adopt any other regulations, policies, or guidelines necessary to guarantee the foundation's responsiveness to the college's mission and needs.</text> </paragraph> <paragraph num="M."> <text>A copy of the regulations adopted by each board of trustees, any changes to the regulations, and a listing of all associated foundations shall be supplied to the Commission upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Optional Retirement Program."> <paragraph num="A."> <text>There is an Optional Retirement Program established for the colleges.</text> </paragraph> <paragraph num="B."> <text>The Commission staff shall determine the eligibility of a college employee following the filing of a certification of professional position signed by the college president.</text> </paragraph> <paragraph num="C."> <text>A certification of professional position shall attest that the position:</text> <paragraph num="(1)"> <text>Requires, and the incumbent possesses, an earned baccalaureate or higher degree;</text> </paragraph> <paragraph num="(2)"> <text>Requires service of not less than half the working hours required of similar positions at the college, that is, the position is at least half-time;</text> </paragraph> <paragraph num="(3)"> <text>Requires use of skills which are predominantly mental or intellectual, rather than physical or manual;</text> </paragraph> <paragraph num="(4)"> <text>Is not considered by the college to be a clerical position; and</text> </paragraph> <paragraph num="(5)"> <text>Is not funded by federal or special funds, or from auxiliary enterprise operations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A college president or any employee may request an exception to the above eligibility criteria and shall provide relevant information necessary to determine whether the exception shall be granted in the particular case.</text> </paragraph> <paragraph num="E."> <text>Decisions on eligibility made by the Commission staff in accordance with this policy may be appealed to the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Fee Waivers for Victims of Human Trafficking"> <paragraph num="A."> <text>In this regulation, “victim of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion.</text> </paragraph> <paragraph num="B."> <text>A board of trustees of a college may, subject to a written policy adopted by the board of trustees, waive the out-of-county fee or out-of-region fee, as determined in Education Article, §16-310(b)(1), Annotated Code of Maryland, for a student who attends the college and:</text> <paragraph num="(1)"> <text>Is not a resident of the county; and</text> </paragraph> <paragraph num="(2)"> <text>Is a victim of human trafficking.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A board of trustees that grants waivers under this regulation shall ensure that:</text> <paragraph num="(1)"> <text>Information collected or maintained by the college related to an individual’s application for a waiver, or related to an individual’s status as a victim of human trafficking, remains confidential and is subject to disclosure only upon the applicant’s written consent;</text> </paragraph> <paragraph num="(2)"> <text>An application for a waiver of the out-of-county or out-of-region fee contains evidence that the applicant is a victim of human trafficking, including:</text> <paragraph num="(a)"> <text>Certified law enforcement, court, or other federal or State agency records or files;</text> </paragraph> <paragraph num="(b)"> <text>Documentation from a human trafficking prevention or assistance program; or</text> </paragraph> <paragraph num="(c)"> <text>Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The college provides the applicant with the option of having any directory information about the applicant, including but not limited to the applicant’s name, address, photograph, email address, and phone number, remain confidential and subject to disclosure only upon the applicant’s written consent.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A college that admits an individual who qualifies for a waiver of the out-of-county fee or out-of-region fee under this regulation shall:</text> <paragraph num="(1)"> <text>Keep a record of the number of individuals for whom a waiver was granted; and</text> </paragraph> <paragraph num="(2)"> <text>Report to the Commission annually on the number of individuals for whom a waiver was granted.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, Titles 11, 15 and 16, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1998 (25:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective August 22, 2022 (49:17 Md. 790)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 15, 2002 (29:7 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective June 23, 2003 (30:12 Md. R. 791)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective August 21, 2023 (50:16 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective April 24, 2017 (44:8 Md. R. 405)</annotation> </annotations> </chapter> <chapter num="03" heading="Community College Finance"> <regulation prefix="Regulation" num=".01" heading="Community College Finance (Not Applicable to Baltimore City Community College)."> <paragraph num="A."> <text>A college shall annually prepare an operating budget and a capital budget request in accordance with applicable State law and procedures prescribed by the Commission in its Financial Guidelines and Procedures Manual and the Community College Facilities Manual, respectively. A copy of the approved operating budget shall be submitted to the Commission by July 1.</text> </paragraph> <paragraph num="B."> <text>A college shall use the budget functions established by the Commission, and each county governing body supporting a college shall make appropriations by these major functions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Auditing Guidelines (Not Applicable to Baltimore City Community College)."> <paragraph num="A."> <text>A college shall submit annually a signed financial and enrollment audit in accordance with this chapter.</text> </paragraph> <paragraph num="B."> <text>Performance of the Audit.</text> <paragraph num="(1)"> <text>The audit is to be conducted by an independent certified public accountant, and the cost of the audit shall be the responsibility of each college.</text> </paragraph> <paragraph num="(2)"> <text>An annual audit performed by an official auditor of a county shall satisfy the annual audit requirement if it otherwise meets the requirements of the statutes and this chapter and if the official auditor is approved by the Commission with the concurrence of the Legislative Auditor.</text> </paragraph> <paragraph num="(3)"> <text>The Legislative Auditor may perform the required annual audits. However, the Legislative Auditor shall give notice of the Auditor's intent to perform the annual audit of a college before the start of the fiscal year to be audited. The cost of this audit is the responsibility of each college.</text> </paragraph> <paragraph num="(4)"> <text>The Legislative Auditor may be directed to undertake special audits of a college by the Joint Budget and Audit Committee of the General Assembly. These audits are conducted at State expense.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Selection of the Independent Certified Public Accountant.</text> <paragraph num="(1)"> <text>The selection of the independent certified public accountant who will conduct the audit is the responsibility of the local board of trustees for each college.</text> </paragraph> <paragraph num="(2)"> <text>The arrangements made with the independent certified public accountant shall:</text> <paragraph num="(a)"> <text>Be in writing;</text> </paragraph> <paragraph num="(b)"> <text>Specify that these regulations are being followed; and</text> </paragraph> <paragraph num="(c)"> <text>Be approved in advance by the college's board of trustees.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The independent certified public accountant shall determine the nature and extent of the review required to render an opinion.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Audit Requirements.</text> <paragraph num="(1)"> <text>An audit of a college shall be conducted in accordance with the American Institute of Certified Public Accountants Industry Audit Guide: Audits of Colleges and Universities, and in compliance with generally accepted auditing standards.</text> </paragraph> <paragraph num="(2)"> <text>If the auditor is unable to express an unqualified opinion on financial statements, a separate letter shall be submitted to the Commission by the college which indicates in detail management's plan to correct the problem so that the auditor can issue an unqualified opinion in the future. These letters shall accompany the financial statements when they are submitted to the Commission.</text> </paragraph> <paragraph num="(3)"> <text>Management Letter.</text> <paragraph num="(a)"> <text>A college shall require the independent certified public accountant to issue a management letter to the college which shall contain a listing of all material weaknesses in the college's system of internal controls. A copy of the auditor's management letter and the college's response to each item in the management letter shall be filed with the Commission.</text> </paragraph> <paragraph num="(b)"> <text>The auditor shall follow up on previous material weaknesses, the college's response, and the action taken by the Commission in ensuing years to ensure that controls have been implemented. Noncompliance with the auditor's recommendations shall be noted in future management letters.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Each board of trustees shall engage the independent certified public accountant to perform an audit on the Annual Financial Report to the Commission (form MHEC-CC-4) which is a special purpose report required by the Commission. The independent certified public accountant shall render a report on the scope of the accountant's examination of the Annual Financial Report (form MHEC-CC-4) and express the accountant's opinion as to the fairness of the Summary Statement of Revenues and Expenditures and the enrollment data. Explicit references are required with regard to enrollment data and whether the principles and procedures governing the interrelationship between the current unrestricted general fund and the auxiliary enterprise fund result in a fair presentation of the current unrestricted general fund revenues and expenditures. The independent certified public accountant also shall prepare a reconciliation of any differences in total current general unrestricted revenues and expenditures as shown in the Annual Financial Report (form MHEC-CC-4) and those same revenues and expenditures as reflected in the audited financial statements. For purposes of expressing an opinion on the Annual Financial Report (MHEC-CC-4), the independent certified public accountant shall comply with §D(5)—(15) of this regulation.</text> </paragraph> <paragraph num="(5)"> <text>Full-time equivalent student enrollment shall be audited with the same diligence as applied to the financial statements, that is, the general standards and standards of field work apply to the enrollment audit. The specific tests of the enrollment records and the auditing procedures to be applied to the enrollment records are the responsibility of the independent certified public accountant.</text> </paragraph> <paragraph num="(6)"> <text>Full-time equivalent students equal total student credit or equated credit hours generated in a fiscal year divided by 30.</text> </paragraph> <paragraph num="(7)"> <text>Full-time equivalent enrollment:</text> <paragraph num="(a)"> <text>Is measured as of the end of the third week of classes each semester and after 20 percent of the time has lapsed for shorter sessions; and</text> </paragraph> <paragraph num="(b)"> <text>In credit or equated credit courses which continue for a period of time which is more or less than a semester, is measured at a point in time which is 20 percent of the total course time.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Except as provided in COMAR 13B.07.02.03F and G, students shall be classified by their geographic area of residence to ensure that out-of-State students do not enter into the computation of full-time equivalent students for State aid purposes.</text> </paragraph> <paragraph num="(9)"> <text>A faculty or staff member, or dependents of the faculty or staff member of the college enrolled without tuition charge, may not be included in the computation of full-time equivalent students for the purposes of State aid.</text> </paragraph> <paragraph num="(10)"> <text>A college may not enter into a contractual agreement with an organization or institution which offers instruction resulting in credit or equated credit submitted for State aid to the college without the prior approval of the Commission.</text> </paragraph> <paragraph num="(11)"> <text>A college may not submit for State aid credits awarded to students for:</text> <paragraph num="(a)"> <text>Satisfactory completion of standardized tests of college-level performance, competency, or aptitude; or</text> </paragraph> <paragraph num="(b)"> <text>Work experience or life experience which does not require direct college instruction or supervision.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>Unless otherwise approved by the Commission, full-time equivalent enrollment is to be reported to the Commission within the fiscal year in which the courses are taught. Full-time equivalent enrollment in credit or equated credit courses that are conducted over the fiscal year end shall be reported in the fiscal year in which the courses are predominantly taught.</text> </paragraph> <paragraph num="(13)"> <text>An auditor shall direct particular attention to sections of the Commission general policies regarding contractual agreements with organizations offering instruction, State or federally funded contracts, and maintenance of effort by local subdivisions.</text> </paragraph> <paragraph num="(14)"> <text>When local, State, or federally funded contracts or grants, or both, pay for program or course costs, or both, State aid is not paid for that proportion of full-time equivalent students whose total costs are funded by the grant or contract.</text> </paragraph> <paragraph num="(15)"> <text>There is a clear distinction between the State's participation in support of current expenses and in support of construction projects, and this distinction shall be maintained in the college's accounts and reports.</text> </paragraph> <paragraph num="(16)"> <text>Transfer expenditures are included in adjusted current unrestricted operating expenditures only if the nature of the transfer coincides with the definition of an expenditure defined as a current general unrestricted fund expenditure.</text> </paragraph> <paragraph num="(17)"> <text>Encumbrances outstanding at year end shall be substantiated by written and approved purchase orders or contracts for the future delivery of goods or services not received as of June 30. In the preparation of financial statements, open encumbrances are to be reported under generally accepted accounting principles as a reservation of fund balance, since the commitments will be honored through subsequent year's expenditures. Open encumbrances outstanding at year end do not constitute expenditures or liabilities in the financial statements or in the Annual Financial Report (MHEC-CC-4).</text> </paragraph> </paragraph> <paragraph num="E."> <text>Filing Requirements.</text> <paragraph num="(1)"> <text>Three copies of the formal audit report, the financial statements, the management letter, recommendations, and the college's response to the management letter shall be filed with the Commission within 90 days of the close of each fiscal year.</text> </paragraph> <paragraph num="(2)"> <text>Three copies of the Annual Financial Report (form MHEC-CC-4) shall be filed with the Commission within 90 days of the close of each fiscal year. The copies shall be accompanied by a transmittal letter signed by the president of the college which indicates that the president is aware of the contents of the report.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall forward copies of the required reports to the Legislative Auditor to fulfill the requirements of the statutes.</text> </paragraph> <paragraph num="(4)"> <text>Extensions.</text> <paragraph num="(a)"> <text>A written request for an extension of time to file the required reports and the management letter shall be received by the staff of the Commission before the original due date.</text> </paragraph> <paragraph num="(b)"> <text>An extension of time is not normally granted for the Annual Financial Report (form MHEC-CC-4).</text> </paragraph> <paragraph num="(c)"> <text>A request for an extension of time for the Annual Financial Report may be considered if:</text> <paragraph num="(i)"> <text>Detailed reasons are stated that indicate why the reporting deadline cannot be met;</text> </paragraph> <paragraph num="(ii)"> <text>The request indicates the estimated date the audit will be completed and the report filed; and</text> </paragraph> <paragraph num="(iii)"> <text>The request is signed by the president of the college.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Withholding State Aid (Not Applicable to Baltimore City Community College)."> <paragraph num="A."> <text>If the Commission determines that satisfactory progress has not been made toward correcting material weaknesses or implementing any other audit recommendations that the Commission considers appropriate, the Commission shall declare that the college is subject to withholding of State aid if the problem is not corrected within a reasonable time specified by the Commission. The local government shall be notified about the potential for the withholding of State aid if corrective actions are not undertaken.</text> </paragraph> <paragraph num="B."> <text>When the Commission formally notifies the college in accordance with §A of this regulation, the Commission shall advise the college of the maximum amount of aid that is at risk. In arriving at this amount, the Commission shall consider the number and degree of materiality of the uncorrected management letter recommendation or recommendations. The amount withheld shall be not less than 10 percent of the estimated aid payment for the fiscal year in which aid is withheld. Aid withheld may not be subsequently reimbursed to the college.</text> </paragraph> <paragraph num="C."> <text>The Commission may require a college to consider an alternative response or require that the college provide a report about the progress made in correcting problems cited in the management letter, or both.</text> </paragraph> <paragraph num="D."> <text>In accordance with Education Article, §16-315(c), Annotated Code of Maryland, the Commission shall find that satisfactory progress has not been made toward correcting material weaknesses when a college management letter repeats a prior year recommendation that the college indicated it would correct, or that the Commission determined that the college should have corrected but did not. Upon making this finding, the Commission shall, after providing the college with an opportunity for a hearing on the matter, direct the State Comptroller to withhold State aid in the amount described in §B of this regulation. If a management letter recommendation is repeated but the Commission determines corrective actions are progressing on an acceptable timetable, then the Commission shall consider that satisfactory progress towards correction has been made and aid payments may not be withheld.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Federal, State, or Local Contracts or Grants (Not Applicable to Baltimore City Community College)."> <paragraph num="A."> <text>This regulation applies to the submission of full-time equivalent students submitted for State aid.</text> </paragraph> <paragraph num="B."> <text>Funding Adjustment.</text> <paragraph num="(1)"> <text>If a federal, State, or local contract or grant is used to pay for a credit or a noncredit training program course cost, a college shall reduce the number of full-time equivalent students submitted to the State for funding by an appropriate amount as determined by the Commission, in order that the course costs are not reimbursed twice.</text> </paragraph> <paragraph num="(2)"> <text>The Commission may grant specific exceptions to the requirements in this section.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105, and Titles and 16, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1998 (25:2 Md. R. 77)</annotation> </annotations> </chapter> <chapter num="04" heading="Construction Procedures"> <regulation prefix="Regulation" num=".01" heading="College Facilities."> <paragraph num="A."> <text>A college shall:</text> <paragraph num="(1)"> <text>Submit to the Commission for review and comment a proposal for any capital construction project, regardless of the source of the funds, in accordance with guidelines and procedures required by the Commission in the Maryland Community College Facilities Manual;</text> </paragraph> <paragraph num="(2)"> <text>In submitting a proposal for a project for which the college is not eligible or does not seek State participation, indicate:</text> <paragraph num="(a)"> <text>Why additional space beyond current guidelines is necessary, if applicable; and</text> </paragraph> <paragraph num="(b)"> <text>How the space will be used; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Before submitting educational specifications for new capital projects, submit to the Commission a letter of intent and program proposal, in accordance with COMAR 13B.02.02, for any new instructional program to be housed in the proposed facility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission shall establish annually:</text> <paragraph num="(1)"> <text>A revised capital construction project priority list for purposes of State participation; and</text> </paragraph> <paragraph num="(2)"> <text>Enrollment projections to be used by the college to prepare capital construction projects.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For purposes of determining the statutory limit on State financial participation in the college capital construction projects, the proposed capacity of the college in number of students shall be the approved projected 10-year full-time equivalent enrollment as adopted by the Commission.</text> </paragraph> <paragraph num="D."> <text>A college may not enter into an agreement to sell, lease, transfer, or otherwise dispose of real property in which the State has participated without the prior approval of the Commission and the subsequent approval of the Board of Public Works.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Facilities Master Plan (Includes Baltimore City Community College)."> <paragraph num="A."> <text>Each college shall develop and submit by February 1 of each year a facilities master plan or an update to the current facilities master plan which supports the college's role and mission. The plan shall cover a period of not less than 10 years. Colleges should consider developing 20-year land use plans.</text> </paragraph> <paragraph num="B."> <text>A college should regularly review the college's facilities master plan. The plan shall be updated every 10 years or whenever major changes occur in the role and mission statements or in other plan components which have significant facilities implications.</text> </paragraph> <paragraph num="C."> <text>The facilities master plan shall include:</text> <paragraph num="(1)"> <text>An executive summary;</text> </paragraph> <paragraph num="(2)"> <text>A statement of the college's role and mission as described in §D of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Assessment and analysis of existing land and facilities and planning assumptions as described in §E of this regulation;</text> </paragraph> <paragraph num="(4)"> <text>Specific plans to meet identified needs, including:</text> <paragraph num="(a)"> <text>Land use, acquisitions, and divestiture plans;</text> </paragraph> <paragraph num="(b)"> <text>Building use;</text> </paragraph> <paragraph num="(c)"> <text>Restoration of facilities to satisfactory physical condition, including infrastructure;</text> </paragraph> <paragraph num="(d)"> <text>Need for renovations to meet programmatic standards, to provide more appropriate support for proposed uses, or to provide access for persons with disabilities;</text> </paragraph> <paragraph num="(e)"> <text>Vehicular and pedestrian circulation;</text> </paragraph> <paragraph num="(f)"> <text>Bike path plan;</text> </paragraph> <paragraph num="(g)"> <text>Sustainability;</text> </paragraph> <paragraph num="(h)"> <text>Utilities extensions and improvements;</text> </paragraph> <paragraph num="(i)"> <text>Long-range telecommunications plan needs which address the future requirements of the college for voice, data, video, and radio;</text> </paragraph> <paragraph num="(j)"> <text>New construction;</text> </paragraph> <paragraph num="(k)"> <text>A site development plan; and</text> </paragraph> <paragraph num="(l)"> <text>An approach for updating the plan;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Provisions indicating that the Maryland Department of Planning Growth and Conservation map was considered; and</text> </paragraph> <paragraph num="(6)"> <text>An implementation strategy, including:</text> <paragraph num="(a)"> <text>A summary of individual projects with title, brief description, and projected cost in constant dollars;</text> </paragraph> <paragraph num="(b)"> <text>Recommended sequencing of projects including relative urgency of need and constraints which require that certain projects precede certain other projects; and</text> </paragraph> <paragraph num="(c)"> <text>The impact of implementation and consequences of non-implementation on educational programs, enrollments, and operating costs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Statement of the College's Role and Mission.</text> <paragraph num="(1)"> <text>This statement shall describe the most significant characteristics of the college which impact upon the college's facilities requirements, and shall be consistent with the college's approved role and mission statement. The statement shall, at a minimum, address the characteristics in §D(2) and (3) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Enrollment information shall include:</text> <paragraph num="(a)"> <text>Overall size and composition of the student population;</text> </paragraph> <paragraph num="(b)"> <text>Enrollment by level and division and other significant characteristics, such as part-time population; and</text> </paragraph> <paragraph num="(c)"> <text>Enrollment projections, which shall be for the life of the plan, based upon the enrollment projections approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Characteristics to be addressed also include:</text> <paragraph num="(a)"> <text>Number of faculty and staff supporting implementation of the college role and mission;</text> </paragraph> <paragraph num="(b)"> <text>Student/faculty ratios and class sizes;</text> </paragraph> <paragraph num="(c)"> <text>Array of approved academic programs existing and projected during the life of the plan;</text> </paragraph> <paragraph num="(d)"> <text>Unique institutional characteristics; and</text> </paragraph> <paragraph num="(e)"> <text>Significant new initiatives planned which have facilities implications.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Assessment and Analysis of Existing Land and Facilities and Planning Assumptions.</text> <paragraph num="(1)"> <text>All proposed new campuses or new site development shall be assessed and analyzed. The college shall use the Maryland Higher Education Commission site analysis and scorecard when evaluating sites for a new campus. This document is available from the Commission. The physical characteristics of the campus shall be described as well as the changes which are required to meet the objectives in the college's stated role and mission.</text> </paragraph> <paragraph num="(2)"> <text>All proposals for new campuses, new site development, and new facilities projects shall consider the Maryland Department of Planning Growth and Conservation map.</text> </paragraph> <paragraph num="(3)"> <text>At a minimum, the assessment and analysis required by this section shall include the following elements:</text> <paragraph num="(a)"> <text>A description of existing facilities and acreage;</text> </paragraph> <paragraph num="(b)"> <text>An assessment of the physical condition of buildings or an independent verification of condition assessments;</text> </paragraph> <paragraph num="(c)"> <text>An assessment of the functional adequacy of buildings, including discussion of the adequacy and appropriateness of space to support the activities of the faculty, students, and staff using the facilities;</text> </paragraph> <paragraph num="(d)"> <text>Utilization of existing facilities;</text> </paragraph> <paragraph num="(e)"> <text>Assessment of the physical condition and functional adequacy of the infrastructure;</text> </paragraph> <paragraph num="(f)"> <text>Adequacy of existing land;</text> </paragraph> <paragraph num="(g)"> <text>Capacity for future development;</text> </paragraph> <paragraph num="(h)"> <text>Assessment of environmental compliance;</text> </paragraph> <paragraph num="(i)"> <text>Space guideline calculations to provide one estimate of the space needed by type; and</text> </paragraph> <paragraph num="(j)"> <text>Identification of specific activities which need to be accommodated on the campus over at least the next 10 years.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Review Process for Facilities Master Plans.</text> <paragraph num="(1)"> <text>A board of trustees approved new or updated facilities master plan shall be submitted concurrently to the Commission, the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning.</text> </paragraph> <paragraph num="(2)"> <text>The Commission shall review the plan with specific attention to:</text> <paragraph num="(a)"> <text>Consideration of the Maryland Department of Planning Growth and Conservation map;</text> </paragraph> <paragraph num="(b)"> <text>An assessment of how the plan supports the role and mission of the college;</text> </paragraph> <paragraph num="(c)"> <text>The current and projected enrollment and staff (full-time day equivalent students, full-time equivalent students, weekly student contact hours, full-time equivalent faculty, full-time equivalent staff) in relation to consistency with the approved role and mission statements and consistency with the approved Commission enrollment projects;</text> </paragraph> <paragraph num="(d)"> <text>The array of academic programs on which the plan is based for consistency with the approved role and mission statement;</text> </paragraph> <paragraph num="(e)"> <text>Space guideline calculations and proposed deviations from the guidelines;</text> </paragraph> <paragraph num="(f)"> <text>Library construction with regard to:</text> <paragraph num="(i)"> <text>New technologies in the areas of electronic information management, storage, and retrieval;</text> </paragraph> <paragraph num="(ii)"> <text>Library commons;</text> </paragraph> <paragraph num="(iii)"> <text>Library automation; and</text> </paragraph> <paragraph num="(iv)"> <text>New forms of book storage such as compact shelving;</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>The adequacy of facilities contained in the plan to accommodate the existing and proposed academic and support requirements at the college, including appropriate planning for telecommunications infrastructure and libraries; and</text> </paragraph> <paragraph num="(h)"> <text>Consistency with the Statewide Capital Improvements Plan.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The comments of the Department of Budget and Management shall focus primarily on the review of space guidelines analysis, physical planning considerations, and cost/benefit considerations, and may not duplicate the Commission's analysis of enrollment and staffing projections and academic proposals.</text> </paragraph> <paragraph num="(4)"> <text>The Department of General Services and the Maryland Department of Planning shall concurrently submit questions and concerns to the Commission and the Department of Budget and Management. The Commission shall forward its questions and concerns to the Department of Budget and Management to facilitate a consolidated response to the college from the Commission and the Department of Budget and Management. The college shall provide a response addressing the questions and concerns and may choose to modify its plan as a result of the issues raised. If appropriate, a meeting including the review agencies and the college may be held to assure a coordinated approach to completing the review process.</text> </paragraph> <paragraph num="(5)"> <text>Final action shall consist of one of the following decisions:</text> <paragraph num="(a)"> <text>Unconditional endorsement of the plan as the basis for further development of the college involved;</text> </paragraph> <paragraph num="(b)"> <text>Conditional endorsement of the plan as the basis for further development of the college, with the conditions explicitly stated; or</text> </paragraph> <paragraph num="(c)"> <text>Return of the plan, with a request for resubmission with changes.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Five-Year Capital Improvements Program/Annual Capital Budget Request Submission."> <paragraph num="A."> <text>The purpose of the Five-Year Capital Improvements Program and Annual Capital Budget Request process is to identify the capital improvement needs by project and by year for the 5-year period, to develop a Statewide plan of action for college capital improvements, and to establish priorities for the implementation of the plan.</text> </paragraph> <paragraph num="B."> <text>A college shall submit, by July 1 of each year, a 5-year capital improvements program. The first year of the program shall constitute the college's annual capital budget request.</text> </paragraph> <paragraph num="C."> <text>Projects identified in the program shall be consistent with the approved facilities master plan and should consider the Maryland Department of Planning Growth and Conservation map. The program shall be updated annually to reflect actual capital appropriations and any changes affecting project priorities within the program, as well as to add an additional year.</text> </paragraph> <paragraph num="D."> <text>Each year, the Commission shall establish a set of priority categories to guide colleges in the development of the 5-year capital improvements program and the annual capital budget request. The Commission shall assess requested projects using these priority categories.</text> </paragraph> <paragraph num="E."> <text>Components of the 5-year capital improvements program of a college shall include:</text> <paragraph num="(1)"> <text>Updated space guideline calculation tables;</text> </paragraph> <paragraph num="(2)"> <text>A 5-year summary of projects;</text> </paragraph> <paragraph num="(3)"> <text>Projects included in the annual budget request;</text> </paragraph> <paragraph num="(4)"> <text>Projects planned for the subsequent 4 years; and</text> </paragraph> <paragraph num="(5)"> <text>A brief description and justification of each project.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Review Process for Five-year Capital Improvements Program.</text> <paragraph num="(1)"> <text>A facility program statement is required for each project to be considered for funding in the capital budget. The program statement consists of Part I/project justification and Part II/technical specifications. The college shall submit the Part I and Part II to the Commission, the Department of Budget and Management, the Department of General Services, and the Department of Planning no later than May 1 of the year that the college is requesting funding.</text> </paragraph> <paragraph num="(2)"> <text>The Commission review of the Part I/project justification shall focus on:</text> <paragraph num="(a)"> <text>Project consistency with college facilities master plans;</text> </paragraph> <paragraph num="(b)"> <text>Project justification with regard to the goals of the Statewide Plan, consistency with the college's role and mission, the programmatic needs of the college, the overall space needs of the college, and the adequacy and physical condition of existing facilities;</text> </paragraph> <paragraph num="(c)"> <text>Consideration of the Maryland Department of Planning Growth and Conservation map; and</text> </paragraph> <paragraph num="(d)"> <text>Prioritization of the project within the Commission's Statewide Five-Year Capital Improvements Program.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Part II/technical specifications shall be submitted by May 1 of the year in which the design funds are requested. The Part II/technical specifications review shall be conducted by the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning.</text> </paragraph> <paragraph num="(4)"> <text>If the timing of the project is such that design funds are being requested in the same year in which the project will first appear in the 5-year capital improvement program, then the Part I/project justification and the Part II/technical specifications shall be submitted simultaneously on May 1 of the year in which the request for design funds is submitted.</text> </paragraph> <paragraph num="(5)"> <text>As indicated in §B of this regulation, the first year of the 5-year capital improvements program constitutes a college's annual capital budget request. The Commission shall rank all projects, compile a system-wide request, and recommend an integrated annual capital budget to the Governor and the Legislature.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Site Selection."> <paragraph num="A."> <text>The general location for each proposed college or addition to a college shall be selected by the board of trustees for the college concerned, and submitted for the approval of the Commission and the Board of Public Works through the Department of General Services, which shall seek comments and recommendations from the Maryland Department of Planning.</text> </paragraph> <paragraph num="B."> <text>The comments and recommendations shall be attached to and made a part of the document submitted to the Board of Public Works. Selection and purchase of a specific site shall be in accordance with this chapter.</text> </paragraph> <paragraph num="C."> <text>Specific Site Selection Procedure.</text> <paragraph num="(1)"> <text>The board of trustees of the college shall study the available sites and have prepared a report that ranks the available sites in order of preference. Technical data, including proximity within Maryland Department of Planning Growth and Conservation planning areas and a site check list, shall support this ranking.</text> </paragraph> <paragraph num="(2)"> <text>The board of trustees of the college may, at its discretion, authorize obtaining the following on any of the available sites as the board of trustees considers appropriate:</text> <paragraph num="(a)"> <text>Surveys;</text> </paragraph> <paragraph num="(b)"> <text>Appraisals;</text> </paragraph> <paragraph num="(c)"> <text>Test borings; and</text> </paragraph> <paragraph num="(d)"> <text>Title searches.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>State participation in these technical studies shall be limited to the study of one site.</text> </paragraph> <paragraph num="(4)"> <text>The college shall identify the specific tentative site selected and advise the Secretary of its selection.</text> </paragraph> <paragraph num="(5)"> <text>Material supporting the selection of the specific site in §C(4) of this regulation, including an analysis of alternative sites which were considered, shall be submitted to the Secretary. The Secretary shall submit these documents to the Department of General Services and the Maryland Department of Planning for their confidential review and findings.</text> </paragraph> <paragraph num="(6)"> <text>The board of trustees of the college, when it considers it desirable, upon written petition from the citizenry, or upon request by the county government, may conduct a public hearing. If a public hearing is held, formal minutes shall be taken and copies of these minutes shall be included as part of a formal submission to the Commission.</text> </paragraph> <paragraph num="(7)"> <text>The approval of a specific site shall be made in accordance with applicable local and State statutes.</text> </paragraph> <paragraph num="(8)"> <text>The Secretary shall notify the college of the responses of the Department of General Services and the Maryland Department of Planning.</text> </paragraph> <paragraph num="(9)"> <text>After the notification in §C(8) of this regulation, the board of trustees of the college shall authorize negotiations with the owner or owners and the obtaining of an option or options for a particular site purchase, contingent upon the approval of the Board of Public Works.</text> </paragraph> <paragraph num="(10)"> <text>The college shall request that the Secretary obtain the approval of the Commission to purchase the specific site. The Commission shall forward its recommendation together with the option or options, and two independent appraisals for each parcel, to the Board of Public Works through the Department of General Services for its final approval of the specific site.</text> </paragraph> <paragraph num="(11)"> <text>When it is not possible to obtain an option on a specific site or portion of a site, the board of trustees shall request the Secretary to inform the Board of Public Works that an option is not obtainable but that the board of trustees plans to proceed to acquire the specific site or portion of the site through other means. If condemnation is subsequently necessary, the board of trustees shall authorize that action and inform the Secretary.</text> </paragraph> <paragraph num="(12)"> <text>The Board of Public Works is not bound to approve State participation in any judgment rendered by a jury or court in condemnation proceedings.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Obtaining Conditional Allocation for State Funds (Not Applicable to Baltimore City Community College)."> <paragraph num="A."> <text>When a county desires State financial assistance for capital projects, the board of trustees for the college concerned shall, by resolution of the governing body of the county, request the filing of the necessary petition with the Commission.</text> </paragraph> <paragraph num="B."> <text>When the governing body of the county approves the request of the board of trustees for the college and wishes to apply for a grant under the applicable construction loan act, the governing body shall file with the Commission a petition including the detailed description of the proposed project.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Project Administration (Not Applicable to Baltimore City Community College)."> <paragraph num="A."> <text>The Department of General Services and the Department of Budget and Management are responsible for certain aspects of monitoring and administering capital projects. A college shall comply with the specific requirements of these agencies.</text> </paragraph> <paragraph num="B."> <text>Architect Selection and Design Stage.</text> <paragraph num="(1)"> <text>The Secretary shall identify the source or sources of State funds and recommend the allocation for design. Before the Secretary's recommendation, the college shall submit a resolution and petition to the Secretary to request funds.</text> </paragraph> <paragraph num="(2)"> <text>During the design stages of a project, the college shall furnish net assignable space tabulation sheets to the Commission. After the space has been initially approved, justification for a subsequent increase of 10 percent or more shall also be provided.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Procurement.</text> <paragraph num="(1)"> <text>The Secretary shall identify the source or sources of State funds and recommend the construction allocation before the Board of Public Works approval of the contract award. The Secretary's recommendation shall be based on the availability of bond funds. The Secretary's determination shall be transmitted to the Department of Budget and Management and the Department of General Services.</text> </paragraph> <paragraph num="(2)"> <text>Upon award of a construction contract and on a quarterly basis after that, the college board of trustees shall provide to the commission cash flow projections. The cash flow projections shall be adjusted as the project progresses and as significant changes are made. These projections form the basis of the Commission's request for the issuance of bonds to support the payment of the State's share.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Project Management.</text> <paragraph num="(1)"> <text>The disbursement of State matching funds by the Department of General Services shall be made in accordance with applicable State policies. The local share of a project shall be expended before any expenditure of the State share.</text> </paragraph> <paragraph num="(2)"> <text>During the construction period, the Commission and the Department of General Services shall jointly maintain records on project status, cash flow projections, and bond funds.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Detailed agency functions and responsibilities are outlined in the current edition of the Commission's Facility Manual for Community Colleges.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105, and Title 16, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1998 (25:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 31, 2014 (41:6 Md. R. 380); December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 23, 2001 (28:14 Md. R. 1323)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 31, 2014 (41:6 Md. R. 380)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective July 23, 2001 (28:14 Md. R. 1323); December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective March 31, 2014 (41:6 Md. R. 380); December 19, 2016 (43:25 Md. R. 1385)</annotation> </annotations> </chapter> <chapter num="05" heading="Space Allocation Guidelines"> <regulation prefix="Regulation" num=".01" heading="General Principles."> <paragraph num="A."> <text>This chapter provides guidelines for determining space needs that are eligible for capital funding by the State. The space allocation guidelines delineated in this chapter are to be used to compute suggested maximum allowances for a campus for each type of space in the National Higher Education General Information Survey (HEGIS) Space Classification System. These guidelines may not be used to design a specific space or facility. Any space architecturally designed, however, shall fall within the computed needs developed in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="B."> <text>These regulations are not fixed standards and may be subject to modifications when justified as reflected in the Maryland Higher Education Commission's Community College Facilities Manual. The regulations shall be used by the Department of Budget and Management, the Department of General Services, the Maryland Higher Education Commission, and the Board of Public Works in evaluating both long-range planning and individual construction projects.</text> </paragraph> <paragraph num="C."> <text>Normally, projects shall be planned using a 10-year enrollment projection certified by the Secretary of Higher Education.</text> </paragraph> <paragraph num="D."> <text>On-campus full-time day (8 a.m. to 5 p.m.) students and part-time day students shall be equated to full-time day equivalent (FTDE) students. This count, used in conjunction with space factors, shall be the major basis for determining space needs. Only students attending the campus for which space needs are being computed shall be counted.</text> </paragraph> <paragraph num="E."> <text>The FTDE count for each college shall be certified by the Secretary.</text> </paragraph> <paragraph num="F."> <text>On-campus daytime weekly student contact hours (WSCH) shall be used to compute classroom and laboratory space needs. The WSCH shall be certified by the Secretary of Higher Education.</text> </paragraph> <paragraph num="G."> <text>Eligible noncredit contact hours may be included in computing space, and only on-campus hours shall be included. When reporting eligible noncredit contact hours, MHEC Form CC-S6 shall be used.</text> </paragraph> <paragraph num="H."> <text>Enrollment projections to be used by a college in applying these regulations should be consistent with the approved role and mission statement for that college. The enrollment projection should be that which is contained in the facilities master plan most recently endorsed by the Commission.</text> </paragraph> <paragraph num="I."> <text>Office space is based on the count of full-time equivalent faculty, full-time administrators, full-time librarians, full-time staff, and student officers as certified to by the Secretary.</text> </paragraph> <paragraph num="J."> <text>The space inventory to be used by a college in applying these regulations to determine eligibility for State funding is the total amount of on-campus space minus space contained in temporary structures. Temporary structures are those with an anticipated useful life of less than 15 years or those that were not intended to occupy space on campus for more than 15 years from original construction.</text> </paragraph> <paragraph num="K."> <text>The space inventory is recorded in terms of net assignable square feet (NASF). The space allowances computed under these guidelines are also recorded as NASF.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Capital Guidelines."> <text>Space allocation guidelines for college campuses are as follows:</text> <text>Room Use Category Space Factor by Size of FTDE HEGIS Code Space Base 3000 & Under 3001 & Up 100 Classroom Facilities WSCH1 1.50 1.11 110 Classroom 200 Laboratory Facilities WSCH2 7.00 5.83 210 Class Laboratory 220 Open Laboratory FTDE 4.20 4.20 300 Office FTEF3 166.00 166.00 FT Staff Student Offices4 320 Testing & Tutoring Centers FTDE5 Core of 1,500 NASF and 0.5 NASF/FTDE in excess of 1,500 FTDE. 400 Library 410 Study/Seating FTDE 6.25 6.25 420 Stack BVE6 .10- .10+ 400—455 Processing Percent of 420 with minimum of 1,200 NASF7 .40 .40 500 Special Use 520 Physical Education—Pool, Gym, and Fitness/Wellness Center FTDE8 Core of 28,000 NASF (consisting of 14,000 for a gym, 8,000 for a pool, and 6,000 for a fitness center) and 10 NASF/FTDE in excess of 1,500 FTDE and 6,000 NASF of service space (consisting of 3,500 for lockers and 2,500 for storage). 530 Audiovisual, Radio, TV FTDE Core of 1,600 NASF and 0.8 NASF/FTDE in excess of 1,500 FTDE up to 3,000 FTDE and 2 NASF/FTDE in excess of 3,000 FTDE. 580 Greenhouse Campus Core of 1,000 NASF 600 General Use 610 Assembly FTDE Core of 12,000 NASF and 2 NASF/FTDE in excess of 1,500 FTDE. 620 Exhibition FTDE Core of 1,500 NASF and 0.5 NASF/FTDE in excess of 1,500 FTDE. 630 Food Facilities PHC9 10.2 8.4 650 Lounge Facilities PHC10 3.0 3.0 660 Merchandising FTDE Core of 1,600 NASF and 0.5 NASF/FTDE in excess of 1,500 FTDE. 680 Meeting Space FTDE Core of 6,000 NASF Core of 8,000 NASF 700 Support 710 Data Processing, Telecomm FTDE11 Core of 2,500 NASF for the first 4,000 FTDE and 0.75 NASF/FTDE beyond 4,000 FTDE. 720—745 Shops, Storage, Vehicle Storage, and Repair Total Campus Allowance minus this category12 0.04 0.04 750 Central Service FTDE Core of 4,000 NASF for the first 4,000 FTDE and 1 NASF/FTDE beyond 4,000 FTDE. 760 Hazardous Materials Total Storage 2% of existing inventory in Room Use Categories 720—745. 800 Health Care FTDE Core of 500 NASF and 0.2 NASF/FTDE in excess of 1,500 FTDE.</text> <text>1WSCH-Lecture. Weekly student contact hours for on-campus day students in credit courses and eligible noncredit courses where instruction is lecture.</text> <text>2WSHC-Lab. Weekly student contact hours for on-campus day students in credit courses and eligible noncredit courses where instruction is lab.</text> <text>3FTEF—Full-time equivalent faculty, including librarians, plus 25% of all part-time faculty.</text> <text>41,120 square feet maximum for student offices.</text> <text>5FTDE—Full-time day equivalent is total credit hours taught on campus between 8 a.m. and 5 p.m. divided by 15 credit hours.</text> <text>6BVE—Bound volume equivalent which is 20,000 BVE for the first 1,000 FTE and 1,000 BVE for every 100 FTE above 1,000.</text> <text>7A minimum allowance is needed for cataloging, binding, and maintenance regardless of collection size.</text> <text>8Minimum size of gym is 14,000 NASF for activity space, 8,000 NASF for pool, 6,000 NASF for fitness space, 3,500 NASF for lockers, and 2,500 NASF for storage.</text> <text>9PHC—Planning headcount is 50% of FTDE for on-campus credit and eligible noncredit courses plus FTEF and FT Staff and includes space for seating, preparation, and storage.</text> <text>10Allowance includes quiet, study, and building lounges.</text> <text>11FTDE for on-campus credit courses and eligible noncredit courses.</text> <text>12Allowance related to required service space on campus total square footage.</text> <text>13Computed need in any larger institutional size category may not be less than the maximum amount for any smaller institutional size category.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Capital Guidelines Factor Development."> <paragraph num="A."> <text>The elements for computing the space factor used for determining space needs for classrooms and laboratories are the net assignable square feet per student station (NASF/SS), the number of hours in a 45-hour week the space shall be used (hours/week), and the percent of student occupancy of the room when space is in use. These elements are expressed in the formula:</text> </paragraph> <paragraph num="B."> <text>100—Classroom.</text> <paragraph num="(1)"> <text>For the smaller colleges, the guideline was computed on the basis of the following formula:</text> <paragraph num="(a)"> <text>Assume 18 NASF—average station size;</text> </paragraph> <paragraph num="(b)"> <text>Assume 20 hours per week—target room utilization rate;</text> </paragraph> <paragraph num="(c)"> <text>Assume 60 percent—expected seat occupancy rate;</text> </paragraph> <paragraph num="(d)"> <text>18 divided by (20 X 0.60) yields 1.5.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For the large colleges, the following formula was used:</text> <paragraph num="(a)"> <text>Assume 20 NASF—average station size;</text> </paragraph> <paragraph num="(b)"> <text>Assume 27 hours per week—target room utilization rate;</text> </paragraph> <paragraph num="(c)"> <text>Assume 66.7 percent—expected seat occupancy rate; and</text> </paragraph> <paragraph num="(d)"> <text>20 divided by (27 X .667) yields 1.11.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>200—Laboratory.</text> <paragraph num="(1)"> <text>For the smaller colleges, the guideline was computed on the basis of the following formula:</text> <paragraph num="(a)"> <text>Assume 50 NASF—average station size for natural and social science labs;</text> </paragraph> <paragraph num="(b)"> <text>Assume 115 NASF—average station size for technical and career labs;</text> </paragraph> <paragraph num="(c)"> <text>Assume 80 percent of lab contact hours are generated in natural and social sciences labs, and 20 percent in technical and career labs;</text> </paragraph> <paragraph num="(d)"> <text>Assume 15 hours per week—target room utilization rate;</text> </paragraph> <paragraph num="(e)"> <text>Assume 60 percent—expected seat occupancy rate;</text> </paragraph> <paragraph num="(f)"> <text>For natural and social sciences labs, 50 times 0.80 divided by (15 X 0.60) yields 4.45;</text> </paragraph> <paragraph num="(g)"> <text>For technical and career labs, 115 times 0.20 divided by (15 X 0.60) yields 2.55; and</text> </paragraph> <paragraph num="(h)"> <text>The sum of 4.45 and 2.55 is 7.0.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For the larger colleges, the guideline was computed in the same manner except that the target room utilization rate was raised to 18 hours per week.</text> </paragraph> </paragraph> <paragraph num="D."> <text>300—Office.</text> <paragraph num="(1)"> <text>The allowance of 166.0 NASF per individual requiring office space is adopted to cover all space required for faculty offices, administrative offices, clerical offices, student offices (1,120 square feet maximum), library offices, file rooms, mimeograph rooms, vaults, conference room, waiting rooms, interview rooms, closets, private toilets, record rooms, and office supply rooms. Centralized duplicating or print shops are not included.</text> </paragraph> <paragraph num="(2)"> <text>320—A core space of 1,500 NASF and .05 NASF/FTDE in excess of 1,500 FTDE.</text> </paragraph> </paragraph> <paragraph num="E."> <text>400—Study.</text> <paragraph num="(1)"> <text>This category includes library and learning resource centers. Seating station size is 25 NASH which, when multiplied by seating for 25 percent of the FTDE, produces a seating factor of 6.25 (25 X 0.25).</text> </paragraph> <paragraph num="(2)"> <text>The size of the stack space is determined by allowing 0.1 NASF per bound volume equivalent (BVE) with a library of 20,000 BVE recommended for the first 1,000 FTE and 1,000 BVE per 100 FTE after that, although no ceiling on volume count is mandatory.</text> </paragraph> <paragraph num="(3)"> <text>The processing and service spaces are determined as a group by taking 40 percent of the stack space. A minimum of 1,200 NASF is needed for service regardless of collection size.</text> </paragraph> <paragraph num="(4)"> <text>The total space for the library is found by adding the space computed for seating, stack, and service.</text> </paragraph> </paragraph> <paragraph num="F."> <text>500—Special Use.</text> <paragraph num="(1)"> <text>520—Physical Education. A core of 28,000 NASF (consisting of 14,000 for a gym, 8,000 for a pool, and 6,000 for a fitness center) and 10 NASF/FTDE in excess of 1,500 FTDE and 6,000 NASF of service space (consisting of 3,500 for lockers and 2,500 for storage).</text> </paragraph> <paragraph num="(2)"> <text>530—Audiovisual, Radio, TV. A core allowance of 1,600 NASF assumes that each campus will have space for audio/TV electronic distribution equipment racks and panels (600 NASF), equipment and materials storage and circulation area (600 NASF), and a maintenance workshop and technician area (400 NASF). The additional 0.8 NASF/FTDE in excess of 1,500 recognizes that larger campuses may require more space for specialized productions.</text> </paragraph> <paragraph num="(3)"> <text>580—Greenhouse. Assumes that greenhouses supporting the instructional program in biology require a minimum amount of space regardless of the size of the college.</text> </paragraph> </paragraph> <paragraph num="G."> <text>600—General Use.</text> <paragraph num="(1)"> <text>610—Assembly. A core of 12,000 NASF and 2 NASF/FTDE in excess of 1,500 FTDE.</text> </paragraph> <paragraph num="(2)"> <text>620—Exhibition. A core space of 1,200 NASF is provided for the first 1,500 FTDE. Regardless of campus size, a minimum amount of space is provided for exhibition of materials, works or art, artifacts, etc. Additional space is provided for campuses larger than 1,500 FTDE in recognition of specialized program offerings and increased demand.</text> </paragraph> <paragraph num="(3)"> <text>630—Food Facilities. This factor is based upon the potential number of users to be served, type of service to be used, number of turnovers, preparation methods, commuter implications, and storage. Space is to be provided for 50 percent of the FTDE students, FTE faculty, and FT staff. Allowance is for 15 NASF per seat for dining, 3 NASF per seat for serving, a turnover of 3:1 per meal, 70 percent of dining and serving allowance for campuses 3,000 FTDE and under, and 40 percent of dining and serving allowance for campuses 3,001 FTDE and over.</text> </paragraph> <paragraph num="(4)"> <text>650—Lounge Facilities. This factor is based upon the potential numbers of users. Included are primary areas in any student center (game lounge, quiet lounge, study lounge as well as building lounges).</text> </paragraph> <paragraph num="(5)"> <text>660—Merchandising. A core allowance is provided for basis space for storage display of textbooks and academic supplies and materials as well as sales space for a variety of student convenience and interest items. Space beyond 1,500 FTDE allows for increases in the size of student body growth. Storage and backspace requirements grow at a disproportionate rate because increases in the size of the college produce variety in program and instructional offerings that produce a variety in book titles required to support curricula.</text> </paragraph> <paragraph num="(6)"> <text>680—Meeting Space. A core of 6,000 NASF for FTDE of 3,000 or less and a core of 8,000 NASF for FTDE 3,001 and above.</text> </paragraph> </paragraph> <paragraph num="H."> <text>700—Support.</text> <paragraph num="(1)"> <text>710—Data Processing. Allows for average requirements for computer centers and necessary peripherals and processing space. Excluded from this space are instructional computing spaces which are within the HEGIS 200 category. Also, central control monitoring systems are excluded.</text> </paragraph> <paragraph num="(2)"> <text>720—745 Shops, Storage, Vehicle Storage and Repair. Assumption is that the amount of building space on campus and the number of vehicles to be stored/maintained has a direct relationship to the amount of required service space.</text> </paragraph> <paragraph num="(3)"> <text>760—Hazardous Materials. An allowance of 2 percent of the existing inventory in room use categories 720—745 is used to determine storage space requirement.</text> </paragraph> </paragraph> <paragraph num="I."> <text>800—Health Facilities. The factor provides a minimum space allocation as well as the opportunity for expansion at larger colleges. Space for infirmaries and health clinics only for students is included in this factor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Outdoor Facilities."> <paragraph num="A."> <text>Regular Parking. The allowance is 300 square feet per car and the number of spaces is based upon the following:</text> <paragraph num="(1)"> <text>75 percent—full-time faculty;</text> </paragraph> <paragraph num="(2)"> <text>75 percent—staff;</text> </paragraph> <paragraph num="(3)"> <text>75 percent—full-time day equivalent for on-campus credit and eligible noncredit courses; and</text> </paragraph> <paragraph num="(4)"> <text>2 percent—visitors (2 percent of total authorized spaces).</text> </paragraph> </paragraph> <paragraph num="B."> <text>Handicapped Parking. The parking stall shall be 9 feet wide with a 4-foot wide pedestrian space between each other stall reserved for the handicapped. These spaces shall be in addition to those identified as regular parking. Total reserved spaces shall conform to the following:</text> </paragraph> <paragraph num="C."> <text>Outdoor Physical Education and Recreational Facilities. Outdoor physical education and recreational facilities shall be based upon 100 square feet per headcount day student and justified by program requirements with a minimum of the following, if justified:</text> <paragraph num="(1)"> <text>Six tennis courts;</text> </paragraph> <paragraph num="(2)"> <text>Two fields, with a total of 300,000 square feet, one of which may have a track consisting of six lanes with an eight-lane straight-away.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, Title 11 and Title 16, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1998 (25:2 Md. R. 77)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 15, 2002 (29:7 Md. R. 621); December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective April 15, 2002 (29:7 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 19, 2016 (43:25 Md. R. 1385)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 15, 2002 (29:7 Md. R. 621)</annotation> </annotations> </chapter> <chapter num="06" heading="Workforce Readiness Grant Program"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The criteria and procedures in this chapter apply to the Workforce Readiness Grant Program provided for by Education Article, §16-321, Annotated Code of Maryland, as enacted by Ch. 457, Acts of 2019.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“College” means any public community college authorized to operate in the State and includes Baltimore City Community College.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(3)"> <text>“Designated time period” means:</text> <paragraph num="(a)"> <text>July 1, 2019, to June 30, 2021; or</text> </paragraph> <paragraph num="(b)"> <text>July 1, 2021, to June 30, 2023.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Eligible contribution” means the total amount or fair market value of monetary or equipment contributions pledged by an eligible donor to an eligible institution, and received by the college, that are specifically designated by the donor to improve the college’s technology, during a designated time period.</text> </paragraph> <paragraph num="(5)"> <text>“Eligible donor” means any individual, corporation, partnership, organization, or other form of business organization, public or private foundation, or other nonprofit organization, other than a local, state, federal, or foreign government.</text> </paragraph> <paragraph num="(6)"> <text>“Eligible institution” means each campus of each college and does not include any foundation affiliated with the college or campus.</text> </paragraph> <paragraph num="(7)"> <text>“Technology” means any technology that will improve the college’s career and workforce instruction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reporting to Commission."> <paragraph num="A."> <text>No later than 60 days after the end of a designated time period, a college requesting matching funds from the State under Education Article, §16-321, Annotated Code of Maryland, shall provide to the Commission, for each eligible institution, a report containing the information set forth in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>For each eligible donor, the college shall provide, in a format specified by the Commission:</text> <paragraph num="(1)"> <text>An itemized list of all monetary and equipment donations made during the designated time period that includes a description of the purpose for which the eligible contribution was or will be used; and</text> </paragraph> <paragraph num="(2)"> <text>Documentation, from the donor, of each monetary or equipment donation made during the designated time period showing that the donation was specifically designated to improve the college’s technology.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A college shall provide additional or alternate documentation to the Commission upon the Commission’s request.</text> </paragraph> <paragraph num="D."> <text>If a college requesting matching funds does not already provide a copy of its annual audit and management report to the Commission, it shall submit one within 90 days of the close of each fiscal year.</text> </paragraph> <paragraph num="E."> <text>On or before August 1, 2022, and on or before August 1, 2024, a college shall provide to the Commission, for each eligible institution, a report specifying how all eligible contributions and State matching funds granted under this program were used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Record-Keeping Requirements."> <paragraph num="A."> <text>Colleges shall maintain all records that document or support the information provided to the Commission under Regulation .03 of this chapter, including documentation showing the use of all eligible contributions and State matching funds granted under this program.</text> </paragraph> <paragraph num="B."> <text>Records specific to this program shall be maintained separately from other donation records and provided to the State upon request.</text> </paragraph> <paragraph num="C."> <text>All records relating to this program shall be kept through June 30, 2029, or until audited, whichever is earlier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Reporting to Governor."> <text>On or before October 1, 2021, and on or before October 1, 2023, the Commission shall provide to the Governor a list of the total eligible contributions made to each eligible institution during the preceding designated time period.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 16-321, Annotated Code of Maryland; Ch. 457, Acts of 2019</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 24, 2020 (47:4 Md. R. 263)</annotation> </annotations> </chapter> </subtitle> <subtitle num="08" heading="Financial Aid"> <chapter num="01" heading="2 + 2 Transfer Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the 2+2 Transfer Scholarship Program is to assist and encourage community college graduates to transfer to a 4-year institution within the State.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <text>To be eligible for assistance under the 2+2 Transfer Scholarship Program, an applicant shall:</text> <paragraph num="A."> <text>Be a Maryland resident;</text> </paragraph> <paragraph num="B."> <text>Be currently enrolled at a community college in Maryland;</text> </paragraph> <paragraph num="C."> <text>Maintain a minimum cumulative 2.5 grade point average on a 4.0 scale while a student at a community college in Maryland;</text> </paragraph> <paragraph num="D."> <text>Have earned an associate’s degree from a community college in Maryland by the end of the semester in which the applicant plans to transfer;</text> </paragraph> <paragraph num="E."> <text>Be accepted for admission to a degree program at a public senior higher education institution or a private nonprofit institution of higher education in Maryland;</text> </paragraph> <paragraph num="F."> <text>Intend to enroll in a public senior higher education institution or a private nonprofit institution of higher education in Maryland in order to complete a bachelor’s program;</text> </paragraph> <paragraph num="G."> <text>On or after the fall semester of 2014, enroll as a full-time, degree-seeking student in a public senior higher education institution or a private nonprofit institution of higher education in Maryland by the fall semester following completion of the associate’s degree;</text> </paragraph> <paragraph num="H."> <text>In the case of an individual who is required to register with the Selective Service System, have complied with the registration requirement;</text> </paragraph> <paragraph num="I."> <text>Timely file the Free Application for Federal Student Aid (FAFSA) form; and</text> </paragraph> <paragraph num="J."> <text>Have demonstrated financial need.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application Procedures."> <paragraph num="A."> <text>To be considered for the 2+2 Transfer Scholarship, students shall submit the application and all documents required by the Office for Student Financial Assistance.</text> </paragraph> <paragraph num="B."> <text>Students applying for the 2+2 Transfer Scholarship shall provide:</text> <paragraph num="(1)"> <text>A completed online application form;</text> </paragraph> <paragraph num="(2)"> <text>A completed FAFSA application;</text> </paragraph> <paragraph num="(3)"> <text>A current official transcript from a community college in the State reflecting the applicant’s grade point average;</text> </paragraph> <paragraph num="(4)"> <text>Upon graduation, an official transcript from a community college in the State reflecting that an Associate’s Degree has been conferred; and</text> </paragraph> <paragraph num="(5)"> <text>Documentation the student has registered with the Selective Service System, if applicable.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Students should file a FAFSA by March 1 each year for priority consideration. Applications will be accepted after the March 1 date and awards will be made with available funds</text> </paragraph> <paragraph num="D."> <text>Each student shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, to sign an authorization for the release of information to OFSA for the purpose of administering this program. The student’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility and the cancellation of an award.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Award Amount."> <paragraph num="A."> <text>Except as provided in §B of this regulation, the annual award amount shall be $1,000.</text> </paragraph> <paragraph num="B."> <text>The annual award amount shall be $2,000 for a student who enrolls in a science, teaching, engineering, computer science, mathematics, or nursing program.</text> </paragraph> <paragraph num="C."> <text>The scholarship may be used for tuition and mandatory fees for 3 years of study or 6 semesters of study, whichever is longer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Selections of Recipients and Award Notification."> <paragraph num="A."> <text>Eligible applicants shall be ranked on the basis of cumulative grade point average.</text> </paragraph> <paragraph num="B."> <text>Grades for credits earned as a community college student shall be used to calculate the cumulative grade point average.</text> </paragraph> <paragraph num="C."> <text>Awards shall be made to applicants based on cumulative grade point average ranked highest to lowest. Awards shall be issued until the total funds appropriated for the program have been depleted.</text> </paragraph> <paragraph num="D."> <text>Recipients shall be notified in writing of the scholarship award. A recipient shall provide written acceptance of the award to the Office of Student Financial Assistance by the date specified in the award notice or the award will be forfeited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Verification and Payment."> <paragraph num="A."> <text>The Office of Student Financial Assistance has the authority to verify information concerning applicants and recipients for the purpose of administering this program.</text> </paragraph> <paragraph num="B."> <text>At the request of OSFA, schools are required to verify the following using federal standards:</text> <paragraph num="(1)"> <text>Taxable and nontaxable income of student and parents (if a dependent student);</text> </paragraph> <paragraph num="(2)"> <text>Enrollment status (undergraduate or graduate);</text> </paragraph> <paragraph num="(3)"> <text>Dependency status; and</text> </paragraph> <paragraph num="(4)"> <text>Transaction number of ISIR used.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Schools shall provide updated and verified data to OSFA by the date established each year.</text> </paragraph> <paragraph num="D."> <text>Information verified by the institutions will be used to update OSFA records. Awards for students with corrections and errors shall be recalculated and adjusted as specified in Regulation .05 of this chapter or canceled accordingly.</text> </paragraph> <paragraph num="E."> <text>Each semester, eligible institutions shall certify on billing rosters provided by the Office of Student Financial Assistance that the recipient is:</text> <paragraph num="(1)"> <text>A Maryland resident;</text> </paragraph> <paragraph num="(2)"> <text>Enrolled for 12 or more hours as a degree-seeking undergraduate student; and</text> </paragraph> <paragraph num="(3)"> <text>Making satisfactory academic progress toward a degree.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Renewal and Continuation."> <paragraph num="A."> <text>A 2+2 Transfer Scholarship may be renewed for a total of 3 years of study, or 6 semesters of study, whichever is longer, if the recipient:</text> <paragraph num="(1)"> <text>Remains a resident of the State of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Continues to be enrolled full-time as an undergraduate student in a degree program at a public senior higher education institution or a private nonprofit institution of higher education in Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Maintains a cumulative 2.5 grade point average on a 4.0 scale each academic year the recipient is enrolled at a public senior higher education institution or a private nonprofit institution of higher education in the State or provides evidence satisfactory to the administration of extenuating circumstances as specified under Regulation .09 of this chapter; and</text> </paragraph> <paragraph num="(4)"> <text>Maintains the standards of the institution attended by the recipient.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Certification of Grade Point Average.</text> <paragraph num="(1)"> <text>Following the spring semester, the Office of Student Financial Assistance shall request the postsecondary institution to provide a certified cumulative grade point average for the academic year for the 2+2 Transfer Scholarship recipients attending that institution. The grade point average shall be computed using the procedures in use by the institution.</text> </paragraph> <paragraph num="(2)"> <text>OSFA also may ask the school to verify the recipient's grade point average by submitting an official transcript.</text> </paragraph> <paragraph num="(3)"> <text>The institution's calculation of the grade average is final. OSFA does not round any reported grade point averages.</text> </paragraph> <paragraph num="(4)"> <text>If the institution cannot compute a cumulative grade point average for the academic year, it shall submit a grade point average for each semester the student was enrolled during the academic year. If either semester average is below a 2.5, the institution shall report the number of hours attempted and the number of hours completed for the semesters in which the student is enrolled.</text> </paragraph> <paragraph num="(5)"> <text>If the reported calculation is below a 2.5 grade point average, the recipient's 2+2 Transfer Scholarship will not be renewed.</text> </paragraph> <paragraph num="(6)"> <text>A recipient whose award has been canceled may request reinstatement of the scholarship if the student’s academic performance in summer school courses taken immediately following that academic year raises the cumulative grade point average to 2.5 or above.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Nonrenewal of Award."> <text>The 2+2 Transfer Scholarship will not be renewed if the student fails to:</text> <paragraph num="A."> <text>Maintain the academic standards of the institution;</text> </paragraph> <paragraph num="B."> <text>Maintain Maryland residency;</text> </paragraph> <paragraph num="C."> <text>Maintain a cumulative 2.5 grade point average; or</text> </paragraph> <paragraph num="D."> <text>Enroll as a full-time degree-seeking student taking at least 12 credit hours each semester.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Appeals."> <paragraph num="A."> <text>Basis of Appeal. An appeal may be filed only on the basis of:</text> <paragraph num="(1)"> <text>Failure to maintain full-time enrollment;</text> </paragraph> <paragraph num="(2)"> <text>Failure to maintain a 2.5 cumulative grade point average; or</text> </paragraph> <paragraph num="(3)"> <text>Changed financial circumstances.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Appeal Based on Full-Time Enrollment.</text> <paragraph num="(1)"> <text>“Full-time” means enrollment for at least 12 semester hours of courses each semester or its equivalent.</text> </paragraph> <paragraph num="(2)"> <text>To be considered full-time, the actual time spent in the classroom, lab, supervised activity, or clinic shall equal 180 clock hours or more in a regular semester.</text> </paragraph> <paragraph num="(3)"> <text>Students enrolled for at least 6 credit hours but less than 12 credits can appeal to receive the 2+2 Transfer Scholarship if they are participating in a specific course or activity (such as an internship or a practicum) that is required by the institution to complete their academic program. The student may appeal by submitting documentation, in addition to the appeal form, from the student’s department chair that describes and confirms the program requirements for that semester, along with a catalog description of the program and classes involved. The documentation shall also list the number of clock hours required for each activity.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appeal Based on Grade Point Average.</text> <paragraph num="(1)"> <text>If a student fails to meet the grade point average requirement, the student may appeal on the basis of:</text> <paragraph num="(a)"> <text>A serious illness or injury of the student;</text> </paragraph> <paragraph num="(b)"> <text>A serious illness of a member of the student’s immediate family;</text> </paragraph> <paragraph num="(c)"> <text>Serious emotional difficulties experienced by the student;</text> </paragraph> <paragraph num="(d)"> <text>The death of a member of the student’s immediate family; or</text> </paragraph> <paragraph num="(e)"> <text>Other serious personal circumstances.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The student’s appeal information shall clearly demonstrate that one or more of the factors in §C(1) of this regulation prevented the student from achieving the required grade point average.</text> </paragraph> <paragraph num="(3)"> <text>The student’s appeal shall be supported by documentation from an appropriate professional, such as a treating physician, psychologist, or health professional, sufficient to substantiate the student’s claim.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Appeal Based on Changed Financial Circumstances.</text> <paragraph num="(1)"> <text>A student may appeal if the student’s financial circumstances change, after the filing of the student’s application under Regulation .03, as a result of one of the following reasons:</text> <paragraph num="(a)"> <text>The student’s parent or spouse dies;</text> </paragraph> <paragraph num="(b)"> <text>The student or the student’s parents’ divorce or separate;</text> </paragraph> <paragraph num="(c)"> <text>The student, student’s parent (if dependent), or student’s spouse (if independent) as defined by FAFSA becomes involuntarily unemployed for at least 10 consecutive weeks in the current year; or</text> </paragraph> <paragraph num="(d)"> <text>The student or the student’s parent(s) loses, as a result of the student reaching the age of majority, benefits from Social Security, AFDC, or child support.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The student’s appeal shall be supported by appropriate documentation sufficient to substantiate the student’s claim, including, but not limited to, copies of:</text> <paragraph num="(a)"> <text>A death certificate;</text> </paragraph> <paragraph num="(b)"> <text>A divorce decree or separation agreement;</text> </paragraph> <paragraph num="(c)"> <text>A notice of job termination or layoff;</text> </paragraph> <paragraph num="(d)"> <text>Federal tax transcript or W-2; or</text> </paragraph> <paragraph num="(e)"> <text>A copy of a termination notice of unemployment benefits.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If OSFA sustains a student’s appeal, OSFA shall provide the following relief:</text> <paragraph num="(a)"> <text>If the appeal was based on the death of the student’s parent or spouse, OSFA shall adjust the student’s FASFA income information to exclude the income of the deceased;</text> </paragraph> <paragraph num="(b)"> <text>If the appeal was based on the student or the student’s parents’ divorce or separation, OSFA shall adjust the student’s FASFA income information to exclude the income of the affected parent or spouse;</text> </paragraph> <paragraph num="(c)"> <text>If the appeal was based on the student, student’s parent (if dependent), or student’s spouse (if independent) becoming involuntarily unemployed for at least 10 consecutive weeks in the current year, OSFA shall calculate the student’s family contribution and total family income using an estimated income for the current calendar year; or</text> </paragraph> <paragraph num="(d)"> <text>If the appeal was based on the student or the student’s parent losing, as a result of the student reaching the age of majority, benefits from Social Security, TNAF, or child support, OSFA shall calculate the student’s family contribution and total family income using an estimated income for the current calendar year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Appeal Procedures.</text> <paragraph num="(1)"> <text>An appeal may only be filed by the submission of a completed appeal form to the Director of Student Financial Assistance.</text> </paragraph> <paragraph num="(2)"> <text>An appeal shall be received by OSFA within 45 days of the date the student is notified that the scholarship award has been nonrenewed.</text> </paragraph> <paragraph num="(3)"> <text>In completing the appeal form, the student shall document the conditions upon which the appeal is based as specified in §A of this regulation. Upon receipt of the appeal, the documentation shall be reviewed and a decision shall be rendered. The student shall be notified of the outcome of the appeal in writing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Funding."> <text>The funding for the 2+2 Transfer Scholarship shall be as provided in the annual State budget. All awards are contingent upon the annual appropriation of funding.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-2501—18-2507, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 10, 2015 (42:24 Md. R. 1505)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02J amended effective August 7, 2023 (50:15 Md. R. 682)</annotation> </annotations> </chapter> <chapter num="02" heading="Janet L. Hoffman Loan Assistance Repayment Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Janet L. Hoffman Loan Assistance Repayment Program (Hoffman LARP) is to attract qualified individuals to fields of employment in government and the nonprofit sector, particularly those in which there are critical manpower shortages in the State and lower salaries than in the private sector, by providing State assistance in the repayment of educational loans.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>To be eligible for assistance under the Hoffman LARP, an applicant:</text> <paragraph num="(1)"> <text>Shall possess:</text> <paragraph num="(a)"> <text>An undergraduate, graduate, or professional degree from a college or university located in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>A law degree from any school of law; or</text> </paragraph> <paragraph num="(c)"> <text>A resident teacher certificate from the Maryland State Department of Education after completing an alternative teaching preparation program approved by the State Superintendent of Education;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Shall have obtained employment with the State (not including employment as a judicial clerk in any court), a local government, or an organization, institution, association, society, or corporation that is tax exempt under §501(c)(3) or (4) of the Internal Revenue Code of 1986;</text> </paragraph> <paragraph num="(3)"> <text>May not be in default on any higher education loan;</text> </paragraph> <paragraph num="(4)"> <text>Shall have a higher education loan for undergraduate, graduate, professional, or resident teacher certificate study obtained for tuition, educational expenses, or living expenses from a college, university, government, or commercial source; and</text> </paragraph> <paragraph num="(5)"> <text>Shall meet annual income requirements as established by the Office of Student Financial Assistance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In addition to the eligibility requirements in §A of this regulation, an applicant for a Nancy Grasmick Teacher Award shall have:</text> <paragraph num="(1)"> <text>Taught in a public school in the State for at least 2 years:</text> <paragraph num="(a)"> <text>In science, technology, engineering, fine arts, or math;</text> </paragraph> <paragraph num="(b)"> <text>In a school in which the following percentages of the students are enrolled in the free and reduced lunch program:</text> <paragraph num="(i)"> <text>On or before June 30, 2025, at least 75 percent; and</text> </paragraph> <paragraph num="(ii)"> <text>On or after July 1, 2025, at least 55 percent; or</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>In a school that:</text> <paragraph num="(i)"> <text>Had Title I status during the 2018—2019 school year;</text> </paragraph> <paragraph num="(ii)"> <text>Lost Title I status after the 2018—2019 school year; and</text> </paragraph> <paragraph num="(iii)"> <text>Participates in the United States Department of Agriculture Community Eligibility Provision; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Received the highest performance evaluation rating possible for the most recent year that is available in the county in which the teacher has taught.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition to the eligibility requirements in §A of this regulation, an applicant employed as a licensed clinical counselor shall work in a high need geographic area of the State, as determined by the Maryland Department of Health, in one of the following fields:</text> <paragraph num="(1)"> <text>Licensed clinical alcohol and drug counseling;</text> </paragraph> <paragraph num="(2)"> <text>Licensed clinical marriage and family therapy counseling; or</text> </paragraph> <paragraph num="(3)"> <text>Licensed clinical professional counseling.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application Procedures."> <paragraph num="A."> <text>To be considered for the Hoffman LARP, an applicant shall provide to the Office for Student Financial Assistance (OSFA):</text> <paragraph num="(1)"> <text>A completed application;</text> </paragraph> <paragraph num="(2)"> <text>Current repayment data on all education loans;</text> </paragraph> <paragraph num="(3)"> <text>Proof that the applicant has:</text> <paragraph num="(a)"> <text>Graduated from a college or university in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Graduated from a school of law; or</text> </paragraph> <paragraph num="(c)"> <text>Obtained of a resident teacher certificate;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A statement from an eligible employer confirming the nature of the applicant’s job, length of employment, full-time status, and annual salary; and</text> </paragraph> <paragraph num="(5)"> <text>A copy of the applicant’s Maryland tax return for the most recent available year or, if not filed with the State, a copy of the applicant’s most recent federal return. If the applicant has not filed a tax return, they shall submit verification from the IRS confirming nonfiling status.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applications from law school students shall be received between July 1 and September 30 each year. Applicants shall be attending the University of Maryland Francis King Carey School of Law or the University of Baltimore School of Law and be in their final year of school.</text> </paragraph> <paragraph num="C."> <text>Applications from individuals possessing a Resident Teacher Certificate shall be received in the individual’s second year of the program and shall meet all the requirements in §A of this regulation.</text> </paragraph> <paragraph num="D."> <text>Each applicant shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. An applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility, the cancellation of an award, and the denial of a request for the deferment or waiver of a repayment obligation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Selection of Recipients."> <paragraph num="A."> <text>Recipients shall receive an award depending upon their level of debt for a 3-year period.</text> </paragraph> <paragraph num="B."> <text>Award funds are distributed in annual or monthly amounts as long as the recipient retains eligibility and continues to submit required annual employment, lender, and tax documentation.</text> </paragraph> <paragraph num="C."> <text>Priority for participation in the program shall be given to an individual who:</text> <paragraph num="(1)"> <text>Graduated from an institution of higher education in the last 3 years;</text> </paragraph> <paragraph num="(2)"> <text>Is a resident of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Is employed on a full-time basis; and</text> </paragraph> <paragraph num="(4)"> <text>As the principal part of the individual’s employment:</text> <paragraph num="(a)"> <text>Provides legal services to low-income residents in the State who cannot afford legal services;</text> </paragraph> <paragraph num="(b)"> <text>Provides nursing services in nursing shortage areas in the State as defined in Education Article, §18-802, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Provides other services in an eligible field of employment in which there is a shortage of qualified practitioners to low-income or underserved residents or areas of the State; or</text> </paragraph> <paragraph num="(d)"> <text>Qualifies for a Nancy Grasmick Teacher Award.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Priority fields of employment are:</text> <paragraph num="(1)"> <text>Legal services;</text> </paragraph> <paragraph num="(2)"> <text>Nursing services;</text> </paragraph> <paragraph num="(3)"> <text>Teachers who qualify for a Nancy Grasmick Teacher Award; and</text> </paragraph> <paragraph num="(4)"> <text>Other fields of employment in which there is a shortage of qualified practitioners providing services to low income or underserved residents or areas of the State as identified by the Office for Student Financial Assistance using appropriate workforce shortage data.</text> </paragraph> </paragraph> <paragraph num="E."> <text>No more than 50 percent of the awards under the Janet L. Hoffman LARP may be awarded to Nancy Grasmick Teacher Scholars.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Awarding Procedures."> <paragraph num="A."> <text>Eligible applicants employed in priority fields shall be grouped by field, and the number of awards shall be proportionally distributed among priority fields.</text> </paragraph> <paragraph num="B."> <text>Within priority fields, applicants shall be ranked according to graduation date, with the most recent graduation date receiving the highest priority, and then application completion date, with the earliest application completion date receiving the highest priority.</text> </paragraph> <paragraph num="C."> <text>If applicants have identical graduation dates and application completion dates, applicants shall be ranked according to income, with the lowest income receiving the highest priority.</text> </paragraph> <paragraph num="D."> <text>The top 50 percent of applicants, determined by the priority rankings, shall receive an award for 3 years, and the remaining applicants shall receive an award for 1 year but may reapply annually for 2 additional years.</text> </paragraph> <paragraph num="E."> <text>Except as provided in §G of this regulation, award decisions shall be announced in December of each year.</text> </paragraph> <paragraph num="F."> <text>Except as provided in Regulation .06 of this chapter, awards for resident teacher certificates shall only receive a one-time award regardless of the amount of their loan debt.</text> </paragraph> <paragraph num="G."> <text>Award decisions for law school students shall be announced in mid-January of each year.</text> </paragraph> <paragraph num="H."> <text>The Office of Student Financial Assistance has the authority to verify information concerning applicants and recipients for the purpose of administering this program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Award Calculation."> <paragraph num="A."> <text>Awards shall be determined by an applicant’s overall reported debt at the time of application as follows:</text> </paragraph> <paragraph num="B."> <text>Recipients shall lock in to an award level that contains set award amounts for each year the recipient continues to remain eligible.</text> </paragraph> <paragraph num="C."> <text>Payments vary for each award level.</text> </paragraph> <paragraph num="D."> <text>One-time, 1-year only award amounts shall be equivalent to the yearly payment for the overall debt range for the applicant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Employment Obligations of Award Recipients."> <paragraph num="A."> <text>A recipient shall furnish the Office of Student Financial Assistance (OSFA) with written acceptance of the award and sign a promissory note and employment obligation agreement with OSFA.</text> </paragraph> <paragraph num="B."> <text>The promissory note and employment obligation agreement shall include:</text> <paragraph num="(1)"> <text>The obligations of the recipient;</text> </paragraph> <paragraph num="(2)"> <text>The total and annual amounts of the award;</text> </paragraph> <paragraph num="(3)"> <text>Penalties for breach of the promissory note and employment obligation agreement;</text> </paragraph> <paragraph num="(4)"> <text>Circumstances under which the employment obligation may be canceled, suspended, or waived; and</text> </paragraph> <paragraph num="(5)"> <text>Any other terms the Maryland Secretary of Higher Education considers necessary.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A recipient shall:</text> <paragraph num="(1)"> <text>Verify eligible employment and salary level initially, after 6 months, and at the end of each year in the program;</text> </paragraph> <paragraph num="(2)"> <text>Verify the current status of all education loans each year in the program;</text> </paragraph> <paragraph num="(3)"> <text>Submit a copy of their Maryland tax returns for any year during which an award is received and, if requested, a copy of their federal return; and</text> </paragraph> <paragraph num="(4)"> <text>Notify OSFA and their lending institutions of any change in employment status or salary level.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Payment."> <paragraph num="A."> <text>Recipients of the Hoffman LARP are eligible to receive a monthly or annual payment.</text> </paragraph> <paragraph num="B."> <text>A recipient is eligible for the monthly loan repayment option under the following conditions:</text> <paragraph num="(1)"> <text>The recipient applies to a federal loan forgiveness program;</text> </paragraph> <paragraph num="(2)"> <text>The recipient notifies the Office of Student Financial Assistance (OSFA) each year in writing by the designated deadline, with accompanying documentation;</text> </paragraph> <paragraph num="(3)"> <text>OSFA verifies the recipient’s employment and lender verifications;</text> </paragraph> <paragraph num="(4)"> <text>OSFA issues a monthly check co-payable to the recipient and their lender, not to exceed 12 payments;</text> </paragraph> <paragraph num="(5)"> <text>The check shall be issued on or before the recipient’s monthly due date as assigned by their lender, if possible;</text> </paragraph> <paragraph num="(6)"> <text>The recipient’s monthly payment amount shall be a portion of the total annual award amount awarded to the student;</text> </paragraph> <paragraph num="(7)"> <text>The recipient shall pay any amount owed the lender which is not covered by the monthly payment amount; and</text> </paragraph> <paragraph num="(8)"> <text>The recipient shall notify OSFA if they receive other loan repayment assistance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A recipient who is not in a federal loan forgiveness program or a recipient that applies to a federal loan forgiveness program and declines to receive a monthly repayment option shall receive an annual loan repayment under the following conditions:</text> <paragraph num="(1)"> <text>OSFA shall verify the recipient’s employment and lender verification;</text> </paragraph> <paragraph num="(2)"> <text>OSFA shall issue an annual check co-payable to the recipient and their lender; and</text> </paragraph> <paragraph num="(3)"> <text>The recipient shall endorse the check and forward it to the lender.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a recipient fails to notify OSFA that they receive other loan repayment assistance, their award shall be canceled.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Repayment."> <paragraph num="A."> <text>If a recipient fails to carry out the employment obligations required under this program, the recipient shall repay the State the amount of the award plus interest.</text> </paragraph> <paragraph num="B."> <text>Repayment may be prorated if the recipient partially fulfills the employment obligation, as determined by the Office of Student Financial Assistance.</text> </paragraph> <paragraph num="C."> <text>Interest on the funds advanced shall accrue at an interest rate equal to the interest rate established by the United States Department of Education for the Federal Stafford Loan on the first day of July of each year.</text> </paragraph> <paragraph num="D."> <text>Interest shall begin accruing as of the date the funds were provided to the recipient.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Deferment of Repayment."> <paragraph num="A."> <text>A recipient may request that their repayment be deferred if the recipient is:</text> <paragraph num="(1)"> <text>Unable to maintain employment within their current field for a period not to exceed 12 months because they must care for a spouse or child who is disabled;</text> </paragraph> <paragraph num="(2)"> <text>Assigned military duty outside of the State, not to exceed 3 years without filing an appeal; or</text> </paragraph> <paragraph num="(3)"> <text>Married to a spouse assigned military duty outside of the State, not to exceed 3 years without filing an appeal.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient’s deferment request shall include satisfactory supporting documentation. Such documentation shall consist of the following, as appropriate:</text> <paragraph num="(1)"> <text>A sworn affidavit by a qualified physician that the recipient is unable to maintain employment within their current field because they must care for a spouse or child who is disabled; or</text> </paragraph> <paragraph num="(2)"> <text>A copy of military orders.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Office of Student Financial Assistance (OSFA) shall review all documentation and determine if the deferment conditions have been met and, if so, determine the deferment period.</text> </paragraph> <paragraph num="D."> <text>A recipient need not make repayments and interest does not accrue during the period of an approved deferment.</text> </paragraph> <paragraph num="E."> <text>The OSFA shall, on a case-by-case basis, review appeals from individuals assigned military duty outside the State, or married to a spouse assigned military duty outside the State, that exceeds the 3-year deferral limit. Appeals shall be in writing and include a copy of the military orders.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Waiver of Repayment Obligations."> <text>The Office of Student Financial Assistance shall waive a recipient's repayment if it determines on the basis of a death certificate or other evidence of death that is conclusive under State law that the recipient has died.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Report."> <text>The Office of Student Financial Assistance shall submit an annual statement by January 1 of each year to the General Assembly on the implementation of the Hoffman LARP.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-1503, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 836)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended effective July 25, 2022 (49:15 Md. R. 738)</annotation> </annotations> </chapter> <chapter num="03" heading="Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship Program (Riley Scholarship) is to encourage members of the fire-fighting, ambulance, and rescue organizations serving Maryland communities to pursue credited courses that lead to a degree in fire service technology, emergency medical technology, fire service management, or public safety administration with a minor or concentration in fire service technology or fire service management.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>In this regulation, actively engaged means:</text> <paragraph num="(1)"> <text>A career member who has worked a minimum of 1000 hours as part of a fire, ambulance, or rescue squad in the tax year prior to the award year; and</text> </paragraph> <paragraph num="(2)"> <text>A volunteer member:</text> <paragraph num="(a)"> <text>Within a county or municipality that operates a Length of Service Award Program (LOSAP), who has recorded at least 50 LOSAP points as part of a fire, ambulance, or rescue squad in the tax year prior to the award year, and the points have been earned in at least two different categories; and</text> </paragraph> <paragraph num="(b)"> <text>Within a county or municipality that does not operate a LOSAP, who has recorded at least 50 points under the point system established by the county or municipality to identify active members as part of a fire, ambulance, or rescue squad in the tax year prior to the award year, and the points have been earned in at least two different categories.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>To be eligible for a Riley Scholarship, an individual shall be:</text> <paragraph num="(1)"> <text>A resident of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Actively engaged as a:</text> <paragraph num="(a)"> <text>Career firefighter or ambulance or rescue squad member in an organized fire department or ambulance or rescue squad in the State; or</text> </paragraph> <paragraph num="(b)"> <text>Volunteer firefighter or ambulance or rescue squad member in an organized fire department or ambulance or rescue squad in the State; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Accepted for admission or enrolled in a course offered at a public institution of higher education in the State or a private nonprofit institution of higher education in the State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application Procedures."> <paragraph num="A."> <text>Students applying for the Riley Scholarship shall submit the following materials to the Office for Student Financial Assistance (OSFA):</text> <paragraph num="(1)"> <text>A completed online application form, by March 1;</text> </paragraph> <paragraph num="(2)"> <text>Proof of official acceptance into a program of fire service technology, emergency medical technology, fire service management, or public safety administration with a minor or concentration in fire service technology or fire service management; and</text> </paragraph> <paragraph num="(3)"> <text>A notarized statement from an eligible employer confirming active employment or volunteer service.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Individuals may submit applications beginning January 1.</text> </paragraph> <paragraph num="C."> <text>Each applicant shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, to sign an authorization for the release of information to OFSA for the purpose of administering this program. The applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility, the cancellation of an award, and the denial of a request for the deferment or waiver of a service obligation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Award Amount."> <text>The Office for Student Financial Assistance shall determine each recipient’s scholarship award in accordance with Education Article, §18-603.1(d), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Selection of Recipients and Award Notification."> <paragraph num="A."> <text>Eligible applicants who are renewals shall be given priority over initial applicants. Within these groups, applicants shall be ranked and awarded according to the submission date of their completed online application form.</text> </paragraph> <paragraph num="B."> <text>Recipients shall be notified in writing of a scholarship award.</text> </paragraph> <paragraph num="C."> <text>A recipient shall provide written acceptance of the award to the Office of Student Financial Assistance by the date specified in the award notice or the award shall be forfeited.</text> </paragraph> <paragraph num="D."> <text>Applicants who are not selected shall be placed on the waitlist pending the availability of funding.</text> </paragraph> <paragraph num="E."> <text>Applicants not selected in an academic year may reapply for consideration in a subsequent academic year, and shall be ranked according to the submission date of their completed online application form.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Verification and Payment."> <paragraph num="A."> <text>The Office of Student Financial Assistance (OSFA) has the authority to verify information concerning applicants and recipients for the purpose of administering this program.</text> </paragraph> <paragraph num="B."> <text>Each semester, eligible institutions shall certify on billing rosters provided by OSFA that each recipient is:</text> <paragraph num="(1)"> <text>A Maryland resident;</text> </paragraph> <paragraph num="(2)"> <text>Maintaining a grade point average of at least 2.5 on a 4.0 scale;</text> </paragraph> <paragraph num="(3)"> <text>Enrolled either full-time or part-time in an eligible academic program;</text> </paragraph> <paragraph num="(4)"> <text>Making satisfactory academic progress toward a degree; and</text> </paragraph> <paragraph num="(5)"> <text>Maintaining the standards of the institution.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Renewal."> <paragraph num="A."> <text>An award shall be automatically renewed on an annual basis, pending the annual submission of a Free Application for Federal Student Aid (FAFSA) application, up to a maximum of 5 years of full-time study or 8 years of part-time study if sufficient funding is available and the student:</text> <paragraph num="(1)"> <text>Continues to meet all of the eligibility requirements set forth in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Maintains satisfactory academic progress at the institution attended; and</text> </paragraph> <paragraph num="(3)"> <text>Maintains a grade point average of at least 2.5 on a 4.0 scale.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An award shall be canceled if the recipient fails to meet and maintain each eligibility requirement.</text> </paragraph> <paragraph num="C."> <text>A recipient who is academically ineligible shall forfeit the award and may reapply as an initial applicant in a subsequent award year if they meet and maintain each eligibility requirement.</text> </paragraph> <paragraph num="D."> <text>A student transferring from one institution to another may continue to receive the award if the student meets all of the scholarship eligibility requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Appeals."> <paragraph num="A."> <text>An appeal of a decision of ineligibility or cancellation of an award shall be filed with the Director of the Office of Student Financial Assistance (OSFA).</text> </paragraph> <paragraph num="B."> <text>An appeal shall be in writing and state clearly the basis for the appeal.</text> </paragraph> <paragraph num="C."> <text>An appeal shall be submitted within 30 days of notice of ineligibility or cancellation of award.</text> </paragraph> <paragraph num="D."> <text>The Director of OSFA shall review each appeal and issue a decision no later than 60 days after receiving the appeal.</text> </paragraph> <paragraph num="E."> <text>All decisions of the Director of OSFA are final.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Service Obligation."> <paragraph num="A."> <text>A recipient shall serve for 1 year after completion of study as a volunteer or career firefighter or ambulance or rescue squad member, in a full-time or part-time capacity, of an organized fire department or ambulance or rescue squad in the State.</text> </paragraph> <paragraph num="B."> <text>Each applicant offered an award shall sign and return a promissory note agreeing to begin fulfillment of the service obligation within 1 year of completing the degree for which they received assistance. The service obligation begins after completion of the degree program and cannot be fulfilled prior to completion.</text> </paragraph> <paragraph num="C."> <text>If a recipient holds a Riley Scholarship along with any other State award requiring a service obligation, the service obligations shall be served in consecutive years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Default in Service Obligation."> <paragraph num="A."> <text>If a recipient fails to carry out their service obligation, the recipient shall be in default and shall repay the State the portion of the scholarship not forgiven.</text> </paragraph> <paragraph num="B."> <text>Repayment may be prorated if the recipient partially fulfills the obligation, as determined by the Office of Student Financial Assistance.</text> </paragraph> <paragraph num="C."> <text>Interest on the funds advanced shall accrue at an interest rate equal to the interest rate established by the United States Department of Education for the Federal Stafford Loan on the first day of July of each year.</text> </paragraph> <paragraph num="D."> <text>Interest shall begin accruing as of the date of a recipient’s graduation or termination from an institution of higher education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Service Obligation Deferment."> <paragraph num="A."> <text>A recipient may request that their service obligation be deferred during the time that the recipient is:</text> <paragraph num="(1)"> <text>Enrolled in a full-time (12 or more credits per semester) or part-time (6—11 credits per semester) undergraduate course of study;</text> </paragraph> <paragraph num="(2)"> <text>Enrolled in a full-time (9 or more credits per semester) or part-time (6—8 credits per semester) graduate course of study at an institution of higher education in a degree granting program;</text> </paragraph> <paragraph num="(3)"> <text>On a temporary leave of absence from required employment as a career or volunteer firefighter or ambulance or rescue squad member approved by the employer for a period not to exceed 12 months;</text> </paragraph> <paragraph num="(4)"> <text>Temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation, for a period not to exceed 3 years;</text> </paragraph> <paragraph num="(5)"> <text>Unable to secure employment for a period not to exceed 12 months because they must care for a spouse or child who is disabled;</text> </paragraph> <paragraph num="(6)"> <text>Assigned military duty outside of the State, not to exceed 3 years without filing an appeal; or</text> </paragraph> <paragraph num="(7)"> <text>Married to a spouse assigned military duty outside of the State, not to exceed 3 years without filing an appeal.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient’s deferment request shall include satisfactory supporting documentation. Such documentation shall consist of the following, as appropriate:</text> <paragraph num="(1)"> <text>Certification by the office of the registrar that the recipient has returned to a full-time or part-time course of study at an eligible institution of higher education;</text> </paragraph> <paragraph num="(2)"> <text>Certification by the employer that the recipient is on an approved temporary leave of absence;</text> </paragraph> <paragraph num="(3)"> <text>A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation;</text> </paragraph> <paragraph num="(4)"> <text>A sworn affidavit by a qualified physician that the recipient is unable to find employment because they must care for a spouse or child who is disabled;</text> </paragraph> <paragraph num="(5)"> <text>A certified statement including a list of possible eligible employers, with their addresses and telephone numbers, to which application has been made if the recipient has been unable to find full-time employment as required as a career or volunteer firefighter or ambulance or rescue squad member; or</text> </paragraph> <paragraph num="(6)"> <text>A copy of military orders.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Office of Student Financial Assistance (OSFA) shall review all documentation and determine if the deferment conditions have been met and, if so, determine the deferment period.</text> </paragraph> <paragraph num="D."> <text>Before a deferment based on an inability to find employment or volunteer service is granted, OSFA shall review the recipient’s documentation and other available information and determine if the recipient has sought employment aggressively in all regions of the State in which opportunities exist.</text> </paragraph> <paragraph num="E."> <text>A recipient need not make scholarship repayments and interest does not accrue during the period of an approved deferment.</text> </paragraph> <paragraph num="F."> <text>The OSFA shall, on a case-by-case basis, review an appeal from a recipient assigned military duty outside the State, or from a recipient married to an individual assigned military duty outside the State, that exceeds the 3-year deferral limit. An appeal must be in writing and include a copy of the military orders.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Waiver of Service and Repayment Obligations."> <text>The Office of Student Financial Assistance shall waive a recipient's service and repayment obligations if it determines:</text> <paragraph num="A."> <text>On the basis of sworn affidavits by two qualified physicians that the recipient is physically unable to fulfill any of the possible service obligations on a full-time or part-time basis because of a permanent impairment; or</text> </paragraph> <paragraph num="B."> <text>On the basis of a death certificate or other evidence of death that is conclusive under State law that the recipient has died.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-603.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 836)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 18, 2025 (52:16 Md. R. 847)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective June 29, 2020 (47:13 Md. R. 642)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 18, 2025 (52:16 Md. R. 847)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective August 18, 2025 (52:16 Md. R. 847)</annotation> </annotations> </chapter> <chapter num="04" heading="Senatorial Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Senatorial Scholarship Program is for Senators in the Maryland General Assembly to provide financial assistance to full-time and part-time students pursuing an undergraduate, graduate, or professional education.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>To be eligible for a Senatorial Scholarship, a recipient shall be a Maryland resident in the Senator's legislative district at the time their application is made.</text> </paragraph> <paragraph num="B."> <text>A recipient shall be enrolled in:</text> <paragraph num="(1)"> <text>A regular undergraduate, graduate, or professional program at an eligible institution;</text> </paragraph> <paragraph num="(2)"> <text>An associate’s degree program; or</text> </paragraph> <paragraph num="(3)"> <text>A 2-year terminal certificate program in which the course work is acceptable for transfer credit in an accredited baccalaureate program at an eligible institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A recipient shall attend an eligible institution for the number of credit hours for which the award was made.</text> </paragraph> <paragraph num="D."> <text>Full-time enrollment is defined as 12 credit hours per semester for undergraduates, and 9 credit hours per semester for graduate students.</text> </paragraph> <paragraph num="E."> <text>Part-time enrollment is defined as 6 to 11 credits per semester for undergraduates, and 6 to 8 hours for graduate students.</text> </paragraph> <paragraph num="F."> <text>A recipient shall be enrolled at least part-time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligible Institutions."> <paragraph num="A."> <text>The following are eligible institutions:</text> <paragraph num="(1)"> <text>A Maryland college or university;</text> </paragraph> <paragraph num="(2)"> <text>A private career school approved to operate in Maryland by the Maryland Higher Education Commission;</text> </paragraph> <paragraph num="(3)"> <text>An out-of-State institution that makes special provisions for a hearing-impaired student if comparable special provisions are not available to that student at a Maryland institution; and</text> </paragraph> <paragraph num="(4)"> <text>An out-of-State institution if:</text> <paragraph num="(a)"> <text>The out-of-State institution offers a program that is not offered at an institution in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>The applicant:</text> <paragraph num="(i)"> <text>Submits a written request to the Director of the Office of Student Financial Assistance requesting that the out-of-State institution be deemed an eligible institution;</text> </paragraph> <paragraph num="(ii)"> <text>The applicant identifies their major as one not offered at an institution in the State;</text> </paragraph> <paragraph num="(iii)"> <text>The applicant attaches a copy of the relevant section of the out-of-State institution’s catalog; and</text> </paragraph> <paragraph num="(iv)"> <text>The applicant provides the their full name, address, Social Security number, and State legislative district; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Director of the Office of Student Financial Assistance approves the applicant’s request.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Director shall notify the applicant of a decision made under §A(4)(c) of this regulation within 45 days of receipt of the applicant’s request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Award Amount."> <paragraph num="A."> <text>Each Senator may award one or more scholarships up to the State’s annual maximum award.</text> </paragraph> <paragraph num="B."> <text>The State’s annual maximum award shall be equivalent to the annual tuition and fees of an undergraduate program at the 4-year public institution of higher education within the University System of Maryland with the highest annual expenses for a full-time resident undergraduate student, other than the University of Maryland University College and University of Maryland, Baltimore.</text> </paragraph> <paragraph num="C."> <text>A Senatorial Scholarship shall be issued in $100 increments, and may not be less than $400.</text> </paragraph> <paragraph num="D."> <text>A recipient is eligible for other scholarships offered by the Office of Student Financial Assistance.</text> </paragraph> <paragraph num="E."> <text>A recipient may use up to 50 percent of the yearly award for summer school.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application Procedures."> <paragraph num="A."> <text>An applicant shall:</text> <paragraph num="(1)"> <text>Complete and timely submit the Free Application for Federal Student Aid (FAFSA) (students are encouraged to apply by the March 1 deadline so that they may be considered for all State scholarships; however all applications received by the federal processor by May 15 of each year may be considered for Senatorial Scholarships);</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §B of this regulation, take the Scholastic Aptitude Test (SAT) or American College Testing (ACT) test; and</text> </paragraph> <paragraph num="(3)"> <text>Submit any other information that a Senator requests as part of the Senator’s award process.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The following categories of applicants are exempt from the testing requirement in §A(2) of this regulation:</text> <paragraph num="(1)"> <text>Applicants who graduated from high school at least 5 years prior to filing the FAFSA;</text> </paragraph> <paragraph num="(2)"> <text>Applicants attending an eligible institution who have completed 1 year of postsecondary education in good academic standing;</text> </paragraph> <paragraph num="(3)"> <text>Applicants accepted for admission at an eligible private career school; and</text> </paragraph> <paragraph num="(4)"> <text>Applicants planning to attend or attending a Maryland community college.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant shall agree to provide any information or documentation requested by the Office of Student Financial Assistance (OSFA) for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. An applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility or the cancellation of an award.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Selection Procedures."> <paragraph num="A."> <text>Each Maryland State Senator shall establish a selection process for the award of the Senator’s scholarships.</text> </paragraph> <paragraph num="B."> <text>A Senator shall consider the financial need of each applicant, of which the Senator shall be the final judge.</text> </paragraph> <paragraph num="C."> <text>The Office of Student Financial Assistance (OSFA) shall provide to each Senator an application information sheet for each applicant, student labels, and an applicant roster.</text> </paragraph> <paragraph num="D."> <text>OSFA shall forward information received from the U.S. Department of Education concerning an applicant’s eligibility for federal student aid programs, based on the applicant’s Free Application for Federal Student Aid (FAFSA), to the applicant's Senator.</text> </paragraph> <paragraph num="E."> <text>OSFA shall forward an applicant roster to each Senator containing the following information for each applicant residing in the Senator’s legislative district who has filed a FASFA:</text> <paragraph num="(1)"> <text>Applicant name, address, telephone number, sex, and marital status;</text> </paragraph> <paragraph num="(2)"> <text>Applicant's family contribution towards college;</text> </paragraph> <paragraph num="(3)"> <text>Applicant's expected remaining financial need;</text> </paragraph> <paragraph num="(4)"> <text>College code and the cost of attending that institution;</text> </paragraph> <paragraph num="(5)"> <text>Year in college and whether the applicant is planning to live with parents or on or off campus; and</text> </paragraph> <paragraph num="(6)"> <text>Any tentative awards for the current academic year.</text> </paragraph> </paragraph> <paragraph num="F."> <text>OSFA shall send an initial applicant roster to each Senator at the end of April, listing all applicants who filed a FAFSA by March 1.</text> </paragraph> <paragraph num="G."> <text>OSFA shall send a supplemental applicant roster to each Senator in June, listing all applicants who filed a FASFA between March 1 and May 15.</text> </paragraph> <paragraph num="H."> <text>If a Senator serves a legislative district comprising more than one county, the number of scholarship units shall be divided as equally as possible among qualified applicants from each county in the legislative district.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Award Procedures."> <paragraph num="A."> <text>Each Senator shall select award recipients.</text> </paragraph> <paragraph num="B."> <text>Each Senator shall provide the following information to the Office of Student Financial Assistance (OSFA) for each award:</text> <paragraph num="(1)"> <text>The student’s full name;</text> </paragraph> <paragraph num="(2)"> <text>The student’s address;</text> </paragraph> <paragraph num="(3)"> <text>The student’s Social Security number;</text> </paragraph> <paragraph num="(4)"> <text>The dollar amount of the award;</text> </paragraph> <paragraph num="(5)"> <text>The name of the institution that the student will attend; and</text> </paragraph> <paragraph num="(6)"> <text>Whether the award is a one-time award or is automatically renewed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Upon receipt of this information, OSFA shall notify students of the award offer.</text> </paragraph> <paragraph num="D."> <text>Only OSFA can offer a legally binding Senatorial Scholarship.</text> </paragraph> <paragraph num="E."> <text>An applicant must accept the Senatorial Scholarship online through the Maryland College Aid Processing System (MDCAPS) within the time frame established by OSFA.</text> </paragraph> <paragraph num="F."> <text>Senatorial Scholarships not timely accepted shall be canceled, but may be reinstated if funds are available.</text> </paragraph> <paragraph num="G."> <text>Students offered a one-time only award shall accept the award with the acknowledgement that they are waiving any right to have the award renewed.</text> </paragraph> <paragraph num="H."> <text>A Senator may choose to utilize an outside organization in determining scholarship awards under the following provisions:</text> <paragraph num="(1)"> <text>The organization must adhere to all pertinent statutory and regulatory provisions;</text> </paragraph> <paragraph num="(2)"> <text>OSFA shall send all information concerning applicants and the awarding of scholarship funds directly to the Senator, who shall forward the information to the outside organization to recommend awards;</text> </paragraph> <paragraph num="(3)"> <text>The organization shall forward the names of all students recommended for an award to the Senator’s office for approval;</text> </paragraph> <paragraph num="(4)"> <text>The Senator shall forward all students selected for award to OSFA for processing; and</text> </paragraph> <paragraph num="(5)"> <text>The outside organization shall not share any student information with any party other than the Senator.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Payment."> <paragraph num="A."> <text>At the beginning of each school term, institutions shall be asked to review billing rosters provided by the Office of Student Financial Assistance (OSFA) and certify that the Senatorial Scholarship recipient is a Maryland resident and enrolled for the number of credits for which the award was made.</text> </paragraph> <paragraph num="B."> <text>Upon receipt of the institution's certification, OSFA shall disburse the respective funds directly to the institution to be credited to the student’s account.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Renewal and Continuation."> <paragraph num="A."> <text>A Senatorial Scholarship award designated as renewable shall be automatically renewed on an annual basis for up to 4 years of full-time study or 8 years of part-time study if the recipient:</text> <paragraph num="(1)"> <text>Remains enrolled on at least a part-time basis in an eligible institution; and</text> </paragraph> <paragraph num="(2)"> <text>Continues to meet all other eligibility requirements.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A Senatorial Scholarship award designated as a one-time only award shall not be automatically renewed, but a recipient may reapply to their Senator on an annual basis for additional funding.</text> </paragraph> <paragraph num="C."> <text>Except as provided in §§D and E of this regulation, a student may only receive an award for a maximum of 4 years of full-time study or 8 years of part-time study whether as a renewable Senatorial award, multiple one-time awards, or a combination of awards.</text> </paragraph> <paragraph num="D."> <text>If the recipient is attending an eligible private career school, the award may be held until the completion of the program if the student completes the program within the length of time specified by the institution and otherwise continuously meets the conditions of the scholarship.</text> </paragraph> <paragraph num="E."> <text>If the recipient is enrolled in a terminal certificate program, the award may be held for 2 years if the student remains enrolled full-time and otherwise continuously meets the conditions of the scholarship.</text> </paragraph> <paragraph num="F."> <text>A recipient shall promptly notify the Office of Student Financial Assistance of any changes to the student's name, address, state of residence, institution of attendance, or enrollment status.</text> </paragraph> <paragraph num="G."> <text>A student who receives an award for undergraduate study who becomes a graduate student must reapply to be considered for an award for graduate studies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Extension Procedures."> <paragraph num="A."> <text>A recipient may hold a scholarship for a fifth undergraduate year or for a semester subsequent to the end of a fourth undergraduate academic year if the recipient submits a request and:</text> <paragraph num="(1)"> <text>Is a full-time student;</text> </paragraph> <paragraph num="(2)"> <text>Continues to be a resident of the State;</text> </paragraph> <paragraph num="(3)"> <text>Continues to be a student at the institution and takes courses leading to a degree; and</text> </paragraph> <paragraph num="(4)"> <text>Has received the award for the maximum time frame available as provided in Regulation .09C.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A Senatorial Scholarship awarded under this section may be held for up to 1 year.</text> </paragraph> <paragraph num="C."> <text>The Senator shall notify the Office of Student Financial Assistance (OSFA) of any fifth year request that has been approved.</text> </paragraph> <paragraph num="D."> <text>The Director of OSFA or designee shall verify the availability of the appropriation for each Senator and shall award the student should funding be available.</text> </paragraph> <paragraph num="E."> <text>OSFA shall notify the student of the award offer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Revocation of Award."> <text>An award shall be revoked if:</text> <paragraph num="A."> <text>The criteria in Regulations .08 and .09 of this chapter are not met;</text> </paragraph> <paragraph num="B."> <text>The recipient makes a change to their name, address, state of residence, institution of attendance, or enrollment status and fails promptly to inform the Office of Student Financial Assistance in writing; or</text> </paragraph> <paragraph num="C."> <text>Funds are no longer available.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Budget for the Senatorial Scholarship Program."> <paragraph num="A."> <text>Each Senator shall have an annual budget to fund renewals and new awards.</text> </paragraph> <paragraph num="B."> <text>A Senator shall award all funds by September 1 of each year.</text> </paragraph> <paragraph num="C."> <text>A Senator may re-award scholarships awarded by September 1 that are later canceled.</text> </paragraph> <paragraph num="D."> <text>Any scholarship funds remaining from cancellations at the end of a fiscal year shall be carried forward into the next fiscal year for the Senator to award.</text> </paragraph> <paragraph num="E."> <text>Any scholarship funds not awarded by September 1, except funds remaining from cancellations, shall be awarded by the Office of Student Financial Assistance (OSFA) to students in the Senator's legislative district</text> </paragraph> <paragraph num="F."> <text>OSFA shall periodically notify each Senator of their scholarship funds balance.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 18-204(c) and Title 18, Subtitle 4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 836)</annotation> </annotations> </chapter> <chapter num="05" heading="Delegate Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Delegate Scholarship Program is for Delegates in the Maryland General Assembly to provide financial assistance to full-time and part-time students pursuing an undergraduate, graduate, or professional education.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>A recipient shall be enrolled in:</text> <paragraph num="(1)"> <text>A regular undergraduate, graduate, or professional program at an eligible institution;</text> </paragraph> <paragraph num="(2)"> <text>An associate’s degree program; or</text> </paragraph> <paragraph num="(3)"> <text>A certificate program in which the course work is acceptable for transfer credit to an accredited baccalaureate program at an eligible institution.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient shall attend an eligible institution for the number of credit hours for which the award was made.</text> </paragraph> <paragraph num="C."> <text>Full-time enrollment is defined as 12 credit hours per semester for undergraduate students and 9 credit hours per semester for graduate students.</text> </paragraph> <paragraph num="D."> <text>Part-time enrollment is defined as 6 to 11 credits per semester for undergraduate students and 6 to 8 hours for graduate students.</text> </paragraph> <paragraph num="E."> <text>A recipient shall be enrolled at least part-time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligible Institutions."> <paragraph num="A."> <text>The following are eligible institutions:</text> <paragraph num="(1)"> <text>A Maryland public or private college or university;</text> </paragraph> <paragraph num="(2)"> <text>A private career school approved to operate in Maryland by the Maryland Higher Education Commission;</text> </paragraph> <paragraph num="(3)"> <text>An out-of-State institution that makes special provisions for a disabled student if comparable special provisions are not available to that student at a Maryland institution; and</text> </paragraph> <paragraph num="(4)"> <text>An out-of-State institution if:</text> <paragraph num="(a)"> <text>The out-of-State institution offers a program that is not offered at an institution in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>The applicant:</text> <paragraph num="(i)"> <text>Submits a written request to the Director of the Office of Student Financial Assistance requesting that the out-of-State institution be deemed an eligible institution;</text> </paragraph> <paragraph num="(ii)"> <text>The applicant identifies their major as one not offered at an institution in the State;</text> </paragraph> <paragraph num="(iii)"> <text>The applicant attaches a copy of the relevant section of the out-of-State institution’s catalog; and</text> </paragraph> <paragraph num="(iv)"> <text>The applicant provides the their full name, address, Social Security number, and State legislative district; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Director of the Office of Student Financial Assistance approves the applicant’s request.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Director shall notify the applicant of a decision made under §A(4)(c) of this regulation within 45 days of receipt of the applicant’s request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Methods of Awarding and Award Amount."> <paragraph num="A."> <text>Each Delegate shall have a choice of two methods for awarding scholarships: the tuition and mandatory fees method and the set dollar method.</text> </paragraph> <paragraph num="B."> <text>Each Delegate shall make an irrevocable selection of either the tuition and mandatory fees method or the set dollar method on an annual basis during each 4-year term.</text> </paragraph> <paragraph num="C."> <text>Tuition and Mandatory Fees Method.</text> <paragraph num="(1)"> <text>Each Delegate may award the equivalent of four, 4-year, full-time scholarships.</text> </paragraph> <paragraph num="(2)"> <text>A Delegate Scholarship award may not exceed the actual tuition and mandatory fees charged to the recipient as follows:</text> </paragraph> <paragraph num="(3)"> <text>A Delegate Scholarship may be awarded for a period of 1, 2, 3, or 4 years.</text> </paragraph> <paragraph num="(4)"> <text>A Delegate may award two part-time scholarships for each full-time scholarship available, provided that a part-time Delegate Award may be renewed for a maximum of 8 years and that the student is enrolled for between 6 and 11 credits each semester.</text> </paragraph> <paragraph num="(5)"> <text>A full-time tuition and mandatory fees scholarship may not exceed the maximum tuition and mandatory fees at the 4-year public institution of higher education within the University System of Maryland, other than the University of Maryland University College and the University of Maryland, Baltimore, with the highest annual expenses for a full-time resident undergraduate.</text> </paragraph> <paragraph num="(6)"> <text>Mid-term increases in scholarship funds will be awarded only if sufficient funds are available in the Delegate program.</text> </paragraph> <paragraph num="(7)"> <text>A summer session shall constitute a full semester for award calculation and administration purposes.</text> </paragraph> <paragraph num="(8)"> <text>A Delegate may reserve the option not chose the two methods for awarding but elect to transfer funds to other State aid programs.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Set Dollar Method.</text> <paragraph num="(1)"> <text>Each Delegate shall have an annual budget in the amount of four times the tuition and mandatory fees for a full-time undergraduate student enrolled at the University of Maryland, College Park, for the academic year commencing in that year, other than the University of Maryland University College and the University of Maryland, Baltimore, with the highest annual expenses for a full-time resident undergraduate.</text> </paragraph> <paragraph num="(2)"> <text>The Delegate shall determine a set dollar amount to award each recipient.</text> </paragraph> <paragraph num="(3)"> <text>The minimum award shall be $200 for the academic year and the maximum shall be 50 percent of the Delegate's budget for that academic year.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Unawarded funds remaining in a Delegate’s account at the end of an award year shall carry over into the following year for awarding.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Alternative Awards."> <paragraph num="A."> <text>As an alternative to the scholarship awards authorized in regulation .04, and subject to the provisions of §B of this regulation, during each year in office each Delegate may award scholarships in a total amount equal to 4 times the tuition and mandatory fees for a full-time undergraduate student enrolled at the University of Maryland, College Park for the academic year commencing in that year.</text> </paragraph> <paragraph num="B."> <text>A scholarship awarded under §A of this regulation:</text> <paragraph num="(1)"> <text>May not be for an amount less than $200 or more than one-half of the total amount of scholarships authorized by §A of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Shall be used at an eligible institution;</text> </paragraph> <paragraph num="(3)"> <text>May be used by:</text> <paragraph num="(a)"> <text>A graduate, undergraduate, or professional student; or</text> </paragraph> <paragraph num="(b)"> <text>A student at a private career school within the State that is approved by the Maryland Higher Education Commission and that is accredited by a national accrediting association that is approved by the United States Department of Education; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>To the extent that it is not used by the student, shall be recredited to the Delegate’s scholarship account and may be awarded in the next 12 months by that Delegate to another student pursuant to this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Application and Selection Procedures."> <paragraph num="A."> <text>Each Delegate shall establish a written application and selection process.</text> </paragraph> <paragraph num="B."> <text>A Delegate’s written selection process may use any factors that the Delegate considers appropriate.</text> </paragraph> <paragraph num="C."> <text>The Office of Student Financial Assistance shall refer applicant inquiries directly to the appropriate Delegate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Awarding Procedures."> <paragraph num="A."> <text>A Delegate shall inform the Office of Student Financial Assistance (OSFA) when the Delegate has selected a recipient.</text> </paragraph> <paragraph num="B."> <text>OSFA shall provide the Delegate with demographic student information of students assigned in their district. The Delegate is required to notify OSFA of their method of awarding and how the awards will be administered for the year.</text> </paragraph> <paragraph num="C."> <text>If the Delegate requests that OSFA make awards on their behalf, student awards shall be determined based on eligibility criteria outlined in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="D."> <text>For each recipient selected, the delegate shall provide OSFA with written notification of the student’s:</text> <paragraph num="(1)"> <text>Full name;</text> </paragraph> <paragraph num="(2)"> <text>Social Security number;</text> </paragraph> <paragraph num="(3)"> <text>Date of birth;</text> </paragraph> <paragraph num="(4)"> <text>Address;</text> </paragraph> <paragraph num="(5)"> <text>Award amount;</text> </paragraph> <paragraph num="(6)"> <text>Name of school attending; and</text> </paragraph> <paragraph num="(7)"> <text>Enrollment status.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Upon receipt of the information in §D of this regulation, OSFA shall officially notify the student of the award offer.</text> </paragraph> <paragraph num="F."> <text>An award recipient shall accept the Delegate award online through the Maryland College Aid Processing System (MDCAPS) within the time frame established by OSFA.</text> </paragraph> <paragraph num="G."> <text>An award that is cancelled due to the lack of a timely response shall be reinstated upon written request provided that funds are available.</text> </paragraph> <paragraph num="H."> <text>A Delegate may choose to utilize an outside organization in determining scholarship awards under the following provisions:</text> <paragraph num="(1)"> <text>The organization shall adhere to all pertinent statutory and regulatory provisions;</text> </paragraph> <paragraph num="(2)"> <text>OSFA shall send all information concerning applicants and the awarding of scholarship funds directly to the Delegate, who shall forward the information to the outside organization to recommend awards;</text> </paragraph> <paragraph num="(3)"> <text>The organization shall forward the names of all students recommended for an award to the Delegate’s office for approval;</text> </paragraph> <paragraph num="(4)"> <text>The Delegate shall forward all students selected for award to OSFA for processing; and</text> </paragraph> <paragraph num="(5)"> <text>The outside organization may not share any student information with any party other than the Delegate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Payment."> <paragraph num="A."> <text>At the beginning of each school term, institutions shall be asked to review billing rosters provided by the Office of Student Financial Assistance (OSFA) to certify that the recipient is a Maryland resident, enrolled in an eligible program for the number of credits for which the award was made, and meets satisfactory academic progress.</text> </paragraph> <paragraph num="B."> <text>Upon receipt of the institution's certification, OSFA shall disburse the respective funds directly to the institution to be credited to the student's account.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Renewal and Continuation."> <paragraph num="A."> <text>Delegate Scholarship awards are not automatically renewed on an annual basis. Recipients must reapply to their delegate annually.</text> </paragraph> <paragraph num="B."> <text>A recipient shall inform the Office of Student Financial Assistance in writing of any change to the student’s name, address, institution of attendance, or enrollment status.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Revocation of Award."> <text>An award shall be revoked if:</text> <paragraph num="A."> <text>The criteria in Regulations .08 and .09 of this chapter are not met;</text> </paragraph> <paragraph num="B."> <text>A recipient makes a change to their name, address, state of residence, institution of attendance, or enrollment status and fails promptly to inform the Office of Student Financial Assistance in writing; or</text> </paragraph> <paragraph num="C."> <text>Funds are no longer available.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Appeals Procedure."> <paragraph num="A."> <text>An applicant may appeal a decision of ineligibility or of the revocation of an award.</text> </paragraph> <paragraph num="B."> <text>An applicant may not appeal a denial of a Delegate Scholarship made for reasons other than a determination of ineligibility.</text> </paragraph> <paragraph num="C."> <text>An appeal shall be filed with the Director of the Office of Student Financial Assistance (OSFA) within 30 calendar days of the date of the notice of ineligibility or revocation.</text> </paragraph> <paragraph num="D."> <text>An appeal shall be in writing and detail reasons or circumstances that would justify reversal of the original decision.</text> </paragraph> <paragraph num="E."> <text>The Director of OSFA or designee shall review each appeal in consultation with the Delegate and issue a decision no later than 60 calendar days after receiving the appeal.</text> </paragraph> <paragraph num="F."> <text>All decisions of the Director or designee are final.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Notification of Delegate Funds Balance."> <paragraph num="A."> <text>The Office of Student Financial Assistance (OSFA) shall notify each Delegate of their scholarship funds balance.</text> </paragraph> <paragraph num="B."> <text>OSFA shall send an applicant roster to each Delegate at the end of April each year that lists all students who have filed a need-based application by the March 1 deadline and the award renewals.</text> </paragraph> <paragraph num="C."> <text>OSFA shall continue to update Delegates with applicant roster information including the names of new applicants and new awardees.</text> </paragraph> <paragraph num="D."> <text>OSFA may update rosters throughout the year.</text> </paragraph> <paragraph num="E."> <text>If a Delegate does not award all of their scholarship funds during the fiscal year, those funds shall be carried forward into the following fiscal year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Recipients of a Delegate Howard P. Rawlings Educational Excellence Award."> <paragraph num="A."> <text>Each Delegate may authorize the Office of Student Financial Assistance (OSFA) to award all or a portion of their funds to eligible recipients of a Delegate Howard P. Rawlings Educational Excellence Award who reside in the Delegate's legislative district.</text> </paragraph> <paragraph num="B."> <text>If the total number of eligible recipients of a Delegate Howard P. Rawlings Educational Excellence Award who reside in the Delegate's legislative district is insufficient to utilize the total amount of funds available to the Delegate for any fiscal year, OSFA may, with the consent of the Delegate, award the unused funds to other eligible recipients throughout the State.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 18-204(c) and Title 18, Subtitle 5, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 836)</annotation> </annotations> </chapter> <chapter num="06" heading="Jack F. Tolbert Memorial Student Grant Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Jack F. Tolbert Memorial Student Grant Program (Tolbert Grant Program) is to provide financial assistance to full-time students attending an approved private career school in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Institutional Eligibility."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(b)"> <text>“Private career school” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>To be eligible to participate in the Tolbert Grant Program, a private career school:</text> <paragraph num="(1)"> <text>Shall be approved by the Commission for a minimum of 2 years to operate a private career school in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>May not have any outstanding Notice of Deficiencies issued to the school by the Secretary;</text> </paragraph> <paragraph num="(3)"> <text>Shall have signed a participation agreement provided by the Commission;</text> </paragraph> <paragraph num="(4)"> <text>Shall operate solely within the State;</text> </paragraph> <paragraph num="(5)"> <text>May not have a negative final report under the State Postsecondary Review Program in accordance with 34 CFR §667.5; and</text> </paragraph> <paragraph num="(6)"> <text>May not have been referred for review under the State Postsecondary Review Program as a result of its student loan default rates in accordance with 34 CFR §667.5.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Eligibility."> <text>To be eligible to participate in the Tolbert Grant Program, a student shall:</text> <paragraph num="A."> <text>Be enrolled in a private career school;</text> </paragraph> <paragraph num="B."> <text>Be enrolled full-time (a minimum of 18 clock hours of instruction per week) in an approved program which is at least 100 clock hours in length;</text> </paragraph> <paragraph num="C."> <text>Be a resident of the State of Maryland;</text> </paragraph> <paragraph num="D."> <text>Demonstrate financial need and meet any other financial requirement of this program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Award Amount."> <paragraph num="A."> <text>A Tolbert Grant award shall be $500 per student per fiscal year.</text> </paragraph> <paragraph num="B."> <text>A Tolbert Grant award shall be used for tuition only.</text> </paragraph> <paragraph num="C."> <text>A recipient of a Tolbert Grant shall also be eligible to receive a Senatorial or Delegate Scholarship.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Institutional Allocation and Notification."> <paragraph num="A."> <text>At the beginning of each fiscal year, each eligible school shall be notified of the number of grant awards that may be awarded to students attending the school during the fiscal year.</text> </paragraph> <paragraph num="B."> <text>Each eligible school shall be allocated a minimum of six grant awards for the fiscal year, subject to the availability of funding.</text> </paragraph> <paragraph num="C."> <text>Any remaining grant awards shall be allocated proportionately based on student enrollment as follows:</text> <paragraph num="(1)"> <text>Each eligible school’s total enrollment for all eligible programs shall be divided by the total enrollment for all eligible programs offered by all eligible schools;</text> </paragraph> <paragraph num="(2)"> <text>The percent derived from the calculation in §C(1) of this regulation shall be multiplied by the total number of awards not allocated, and the result shall be the additional allocation per school; and</text> </paragraph> <paragraph num="(3)"> <text>Calculations under this section shall be based on the enrollments reported in the most recent annual reports submitted to the Commission by eligible schools for their eligible programs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Application for Student to Participate."> <text>A student shall apply by submitting the following documents to the private career school the student attends:</text> <paragraph num="A."> <text>An application on a form provided by the Commission; and</text> </paragraph> <paragraph num="B."> <text>A Student Aid Report from a processed Free Application for Federal Student Aid.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Qualification and Selection of Recipients."> <paragraph num="A."> <text>A private career school shall rank all applicants according to the Expected Family Contribution (EFC) from the applicant’s Student Aid Report (SAR).</text> </paragraph> <paragraph num="B."> <text>Each eligible applicant shall be ranked from lowest to highest based on the applicant’s reported EFC.</text> </paragraph> <paragraph num="C."> <text>Awards shall be given to applicants beginning with the applicant with the lowest EFC (e.g., $0) and proceeding through the rankings until all awards have been made.</text> </paragraph> <paragraph num="D."> <text>To be eligible for the grant program, a student shall demonstrate financial need. The EFC shall be at least $500 less than the cost of tuition annually.</text> </paragraph> <paragraph num="E."> <text>During the fiscal year, a school shall select candidates for awards up to the total number of awards which the school has been allocated.</text> </paragraph> <paragraph num="F."> <text>A school shall submit candidates to the Office of Student Financial Aid in accordance with the following:</text> <paragraph num="(1)"> <text>The school shall submit the names of candidates, a copy of their SAR, and verification of their selection to the Commission by the assigned deadline date provided by the Commission for each semester during summer, fall, and spring;</text> </paragraph> <paragraph num="(2)"> <text>A school must use at least 66 percent of its allocated awards by March 15; and</text> </paragraph> <paragraph num="(3)"> <text>The school shall verify in a form approved by the Commission that each student selected has met each requirement identified in Regulation .03 of this chapter and was selected in accordance with this regulation and Regulation .06 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Disbursement and Reallocation of Funds."> <paragraph num="A."> <text>The Commission shall accept award candidates from each eligible school three times per year by the assigned deadline date provided by the Commission for each semester during summer, fall, and spring.</text> </paragraph> <paragraph num="B."> <text>The Commission shall transmit funds to a school in the amount of the grant awards following verification by the Commission that the candidates have been reviewed and selected by the school on the basis of the requirements of these regulations.</text> </paragraph> <paragraph num="C."> <text>A school shall credit an award to the student’s account within 5 business days of receiving the funds from the Commission.</text> </paragraph> <paragraph num="D."> <text>If a school fails to use 66 percent or more of its allocated awards by March 15 the remaining unused awards shall be redistributed to schools meeting the 66 percent requirement, on a pro-rata basis, unless the school losing the awards can show that it has eligible candidates to whom it will make the remaining awards.</text> </paragraph> <paragraph num="E."> <text>The Commission shall notify schools of any reallocation of awards made after March 15.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Continuation and Renewal."> <text>A Tolbert Grant is renewable for a total of 2 years provided the recipient:</text> <paragraph num="A."> <text>Continues to meet all requirements for eligibility identified in Regulation .03 of this chapter; and</text> </paragraph> <paragraph num="B."> <text>Is making satisfactory progress towards a certificate of completion according to the approved academic and attendance standards of the private career school.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Record Keeping and Audits."> <paragraph num="A."> <text>All financial books, records, and documents pertaining to this program shall be opened to inspection, review, and audit at all reasonable times by the Commission, the State auditor, or their authorized representatives.</text> </paragraph> <paragraph num="B."> <text>A private career school shall retain all financial books, records, and documents relating to an award for 5 years after the close of the fiscal year in which the award was made.</text> </paragraph> <paragraph num="C."> <text>A private career school shall include this program in any independent audit conducted for the school on financial aid programs.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-1201—18-1207, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md R. 779)</annotation> </annotations> </chapter> <chapter num="07" heading="Near Completer Grant Program"> <regulation prefix="Regulation" num=".01" heading="Program Established."> <paragraph num="A."> <text>There is Near Completer Grant Program administered by the Office under Education Article, §11-209(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The purpose of the program is to provide grants to individual students who are near completers as an incentive to obtain an associate’s or bachelor’s degree.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Director” means the Executive Director of the Office.</text> </paragraph> <paragraph num="(3)"> <text>“Grant” means a Near Completer Grant under this chapter.</text> </paragraph> <paragraph num="(4)"> <text>“MDCAPS” means the Maryland College Aid Processing System maintained by the Office.</text> </paragraph> <paragraph num="(5)"> <text>“Near completer” means an individual who has completed some college credits but does not have a college degree and is no longer attending an institution of higher education.</text> </paragraph> <paragraph num="(6)"> <text>“Non-loan aid” means any student financial aid scholarship or grant applied to the student’s tuition and fee charges, excluding Title IV federal work-study.</text> </paragraph> <paragraph num="(7)"> <text>“Office” means the Office of Student Financial Assistance within the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(8)"> <text>“Public senior higher education institution” has the meaning stated in Education Article, §10-101(m), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(10)"> <text>“Senior higher education institution” means an institution of higher education that awards baccalaureate degrees.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Eligibility."> <paragraph num="A."> <text>Subject to the availability of funds in the State budget, the Office annually shall determine student eligibility to receive a grant.</text> </paragraph> <paragraph num="B."> <text>A near completer who previously attended a community college is eligible for a grant if the applicant:</text> <paragraph num="(1)"> <text>Earned at least 45 credit hours and a minimum cumulative grade point average of 2.0 on a scale of 4.0 while previously in college;</text> </paragraph> <paragraph num="(2)"> <text>Is enrolled at a Maryland community college in an associate’s degree program; and</text> </paragraph> <paragraph num="(3)"> <text>Is a Maryland resident or eligible for in-State tuition in accordance with Education Article, Title 15, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A near completer who previously attended a senior higher education institution is eligible for a grant if the applicant:</text> <paragraph num="(1)"> <text>Earned at least 90 credit hours and a minimum cumulative grade point average of 2.0 on a scale of 4.0 while previously in college;</text> </paragraph> <paragraph num="(2)"> <text>Is enrolled at a Maryland public senior higher education institution in a bachelor’s degree program; and</text> </paragraph> <paragraph num="(3)"> <text>Is a Maryland resident or eligible for in-State tuition in accordance with Education Article, Title 15, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The number of previously earned credit hours that are accepted for transfer by the community college or public senior higher education institution in which the student is enrolled may not alter a student’s eligibility for the grant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Process."> <paragraph num="A."> <text>A student shall apply annually to the Office, in the form prescribed by the Office, to be eligible for a grant.</text> </paragraph> <paragraph num="B."> <text>An applicant shall submit an application, a copy of the applicant’s previous college or university transcript, and any other documentation required by the Office.</text> </paragraph> <paragraph num="C."> <text>All application materials shall be submitted to the Office by the deadline date established by the Office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Selection of Recipients."> <paragraph num="A."> <text>Eligible applicants shall be awarded on a first-come, first-served basis, based on the date on which all application materials are received by the Office.</text> </paragraph> <paragraph num="B."> <text>Awards shall be issued until the total funds appropriated for the program have been depleted.</text> </paragraph> <paragraph num="C."> <text>Eligible applicants who do not receive an award shall be notified that they have been placed on a waiting list and may receive an award if funds become available.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Amount of Grant."> <paragraph num="A."> <text>All non-loan aid received by the applicant, except a Maryland Community College Promise Scholarship awarded under Education Article, Title 18, Subtitle 36, Annotated Code of Maryland, shall be credited to the applicant’s tuition before the calculation of the grant amount.</text> </paragraph> <paragraph num="B."> <text>A grant shall apply toward the student’s tuition in the lesser of:</text> <paragraph num="(1)"> <text>The amount of the student’s unmet tuition; or</text> </paragraph> <paragraph num="(2)"> <text>As applicable, up to one-third of:</text> <paragraph num="(a)"> <text>The in-county tuition charge at a community college; or</text> </paragraph> <paragraph num="(b)"> <text>The resident undergraduate tuition charge at a public senior higher education institution.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>If a student is not eligible for in-county tuition at a community college but is eligible for in-State tuition at a Maryland public institution of higher education, the award amount calculated under §B of this regulation shall be applied to the recipient’s out-of-county tuition charge.</text> </paragraph> <paragraph num="D."> <text>The grant may be used only for tuition and may not be used for fees or other charges or expenses related to attending an institution of higher education.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Award Notification and Acceptance."> <paragraph num="A."> <text>Recipients shall be notified of an award by the Office through MDCAPS prior to the start of the fall semester.</text> </paragraph> <paragraph num="B."> <text>Except as set forth in §C of this regulation, a recipient shall log on to MDCAPS in order to accept an award.</text> </paragraph> <paragraph num="C."> <text>If the Director determines that extenuating circumstances exist, a recipient may accept an award by providing written notice to the Office.</text> </paragraph> <paragraph num="D."> <text>The acceptance deadline date shall be specified in the award notice and shall be no less than 4 weeks after the date the Office sent notice under §A of this regulation.</text> </paragraph> <paragraph num="E."> <text>An award recipient who fails to accept the award by the acceptance date specified in the award notice shall become ineligible for the award.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Certification and Payment."> <paragraph num="A."> <text>The Office shall create a certification roster for each community college and public senior higher education institution.</text> </paragraph> <paragraph num="B."> <text>The certification roster shall contain the names of the applicants who have been identified by the Office as eligible for the grant.</text> </paragraph> <paragraph num="C."> <text>The institution shall complete the certification for each student by the date established by the Office.</text> </paragraph> <paragraph num="D."> <text>The institution shall:</text> <paragraph num="(1)"> <text>Verify the applicant’s eligibility for in-State tuition under Education Article, Title 15, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>By the deadline date established by the Office, report:</text> <paragraph num="(a)"> <text>The total amount of tuition being charged; and</text> </paragraph> <paragraph num="(b)"> <text>All non-loan aid the applicant is receiving, regardless of whether the non-loan aid has been disbursed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>After the institution reports all non-loan aid for each applicant, the institution shall electronically transmit the roster to the Office through MDCAPS.</text> </paragraph> <paragraph num="F."> <text>The Office shall make an award payment to the institution for each semester that the student is granted the award.</text> </paragraph> <paragraph num="G."> <text>The institution shall certify and request payment for all recipients, on a semester basis, on or before:</text> <paragraph num="(1)"> <text>December 15, for the fall semester; and</text> </paragraph> <paragraph num="(2)"> <text>May 15, for the spring semester.</text> </paragraph> </paragraph> <paragraph num="H."> <text>An institution that fails to certify and request payment for all recipients on a semester basis under §B may not certify recipients for the subsequent semester.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 11-209, and 18-204(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 29, 2020 (47:13 Md. R. 642)</annotation> </annotations> </chapter> <chapter num="08" heading="Graduate and Professional Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Graduate and Professional Scholarship Program is to provide financial assistance to full-time and part-time graduate/professional students in the fields of medicine, dentistry, law, pharmacy, nursing, social work, and veterinary medicine to individuals who have demonstrated financial need.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Student and Institutional Eligibility."> <paragraph num="A."> <text>To be eligible for the Graduate and Professional Scholarship Program an individual shall:</text> <paragraph num="(1)"> <text>Be a Maryland resident;</text> </paragraph> <paragraph num="(2)"> <text>Demonstrate financial need; and</text> </paragraph> <paragraph num="(3)"> <text>Be enrolled as a degree-seeking student, either part-time or full-time, and attend one of the schools in §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant shall be enrolled in one of the following programs:</text> <paragraph num="(1)"> <text>University of Maryland, Baltimore (UMB) Schools of Medicine, Dentistry, Law, Pharmacy, or Social Work;</text> </paragraph> <paragraph num="(2)"> <text>University of Baltimore School of Law;</text> </paragraph> <paragraph num="(3)"> <text>The Johns Hopkins University School of Medicine;</text> </paragraph> <paragraph num="(4)"> <text>The Virginia-Maryland Regional College of Veterinary Medicine;</text> </paragraph> <paragraph num="(5)"> <text>Any institution in the State offering a master’s degree in nursing or social work; or</text> </paragraph> <paragraph num="(6)"> <text>Any institution in the State offering a first professional degree in pharmacy.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Institutional Allocations."> <paragraph num="A."> <text>The Office of Student Financial Assistance (OSFA) shall allocate to each eligible institution a share of the total funds provided for the program in proportion to its share of Maryland graduate and professional students who are enrolled in the eligible programs.</text> </paragraph> <paragraph num="B."> <text>The allocation shall be based on the average of the enrollments for the preceding 2 years. An institution that becomes eligible to participate in the scholarship program due to a recent addition of an eligible graduate or professional program at their institution shall have its enrollments calculated using an estimated fall enrollment projection for that year. After 2 years of enrollments, the institution’s allocation shall be calculated based on the average of the enrollments for the preceding 2 years.</text> </paragraph> <paragraph num="C."> <text>OSFA shall notify institutions of the amount of their allocation and shall distribute funds to each institution no later than August 30.</text> </paragraph> <paragraph num="D."> <text>In the event the institution fails to submit all required information under Regulation .06 of this chapter, funding allocated to the institution within that year will be subject to one of the following:</text> <paragraph num="(1)"> <text>Reduction of subsequent years funding according to the preceding years allocated amount; or</text> </paragraph> <paragraph num="(2)"> <text>A 1-year lapse of funding in the subsequent year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Student Awards."> <paragraph num="A."> <text>The institutional financial aid office will identify students who are eligible for an award.</text> </paragraph> <paragraph num="B."> <text>The minimum award is $1,000 per academic year and the maximum award is $5,000 per academic year.</text> </paragraph> <paragraph num="C."> <text>A student may not receive an award for longer than eight semesters regardless of enrollment status.</text> </paragraph> <paragraph num="D."> <text>Awards shall be based on the financial need of the student. Students are required to file the Free Application for Federal Student Aid (FAFSA). Each institution may determine an appropriate methodology for determining financial need; however, this methodology shall include consideration of the information provided on the FAFSA.</text> </paragraph> <paragraph num="E."> <text>The award may be used toward the costs of tuition and mandatory fees, room and board, and other educational expenses.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Renewal Conditions."> <text>To maintain eligibility for a Graduate and Professional Scholarship, the recipient must continue to demonstrate financial need for each year that the award is sought and meet all other eligibility criteria in Regulation .02 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Audit."> <paragraph num="A."> <text>Each participating institution must submit to the Office of Student Financial Assistance by August 15 each year the following information:</text> <paragraph num="(1)"> <text>The amount of funds and number of recipients awarded a Graduate and Professional Scholarship;</text> </paragraph> <paragraph num="(2)"> <text>The allocation of awards and funds by each degree program;</text> </paragraph> <paragraph num="(3)"> <text>The total number of eligible students with financial need; and</text> </paragraph> <paragraph num="(4)"> <text>The methodology used to determine the financial need of the students receiving awards under the Program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All financial books, records, and documents pertaining to this program shall, at all reasonable times, be opened to inspection, review, and audit by the Office of Student Financial Assistance, the State Auditor, or their authorized representatives. The institution shall retain such financial books, records, and documents for 5 years after the close of a fiscal year.</text> </paragraph> <paragraph num="C."> <text>Institutions shall include this program in any independent audit conducted for the institution on financial aid programs.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-2601, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md R. 780)</annotation> </annotations> </chapter> <chapter num="09" heading="Maryland Dent-Care Loan Assistance Repayment Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>The purpose of the Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) is to increase access to oral health services for Maryland Medical Assistance Program (MMAP) recipients by increasing the number of dentists who treat that population.</text> </paragraph> <paragraph num="B."> <text>The MDC-LARP is funded through Maryland general funds and provides loan repayment for Maryland licensed dentists dependent upon available annual funding.</text> </paragraph> <paragraph num="C."> <text>A dentist who participates in this program shall agree to provide oral health care services to a minimum of 30 percent MMAP recipients as a proportion of their total patient population, document this information, and submit confirming written reports.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>To be eligible for Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) repayment assistance, an individual:</text> <paragraph num="(1)"> <text>Shall be employed as a full-time dentist in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Shall demonstrate financial need;</text> </paragraph> <paragraph num="(3)"> <text>Shall have received a dental degree from a college or university in Maryland or from an accredited U.S. dental school;</text> </paragraph> <paragraph num="(4)"> <text>Shall have a valid unrestricted license to practice dentistry in Maryland at the time the service obligation begins;</text> </paragraph> <paragraph num="(5)"> <text>May not have breached an obligation for service to a federal, state, or local government entity;</text> </paragraph> <paragraph num="(6)"> <text>Shall have no unserved obligations for service to a federal, state, or local government, or to another entity, with the exception of U.S. Department of Health and Human Services' Primary Care Loans, Exceptional Financial Need Scholarships, and Financial Assistance for Disadvantaged Health Professions Students aid;</text> </paragraph> <paragraph num="(7)"> <text>Shall have outstanding eligible higher education loans;</text> </paragraph> <paragraph num="(8)"> <text>May not be in default on any eligible higher education loan; and</text> </paragraph> <paragraph num="(9)"> <text>Shall agree to provide services as provided in Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Service obligations shall be rendered at an eligible practice site, which is any federal, state, local, or private for-profit or nonprofit dental facility (including a solo, group, or incorporated private practice) that treats all persons and agrees to the statutory requirement that a minimum of 30 percent of the patients treated each year for 3 years are in a private or clinical setting serving Maryland medical assistance program recipients.</text> </paragraph> <paragraph num="C."> <text>Loans eligible for repayment assistance are any loans for undergraduate or graduate dental professional study obtained for tuition, educational expenses, or living expenses from a college, university, government, commercial source, or an organization, institution, association, society, or corporation that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code of 1986. An MDC-LARP recipient shall provide documentation that commercial loans were used for payment of tuition, educational expenses, or living expenses.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Determination of Geographic Dentist Shortage Areas."> <paragraph num="A."> <text>The Maryland Department of Health, Office of Primary Care Services (MDH) shall be responsible for designating geographic dentist shortage areas in Maryland and reporting the designations annually to the Office for Student Financial Assistance according to a schedule that corresponds to the Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) award cycle.</text> </paragraph> <paragraph num="B."> <text>Geographic areas designated by MDH shall coincide with Maryland's federal Dental Health Professions Shortage Areas (Dental HPSAs). In addition, MDH may identify other areas based on health status indicators that MDH deems appropriate.</text> </paragraph> <paragraph num="C."> <text>Designated dentist shortage areas shall be provided to the review panel as described in Regulation .05 of this chapter for the purpose of reviewing applications and designating underserved areas.</text> </paragraph> <paragraph num="D."> <text>A dentist does not have to practice in a Dental HPSA to be considered for an MDC-LARP.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Procedures."> <paragraph num="A."> <text>An individual shall complete an application and provide any additional information required by the Office of Student Financial Assistance (OSFA) and the Office of Oral Health (OOH) to be considered for Maryland Dent-Care Loan Assistance Repayment Program repayment assistance.</text> </paragraph> <paragraph num="B."> <text>The OOH is responsible for the development and distribution of application forms and materials.</text> </paragraph> <paragraph num="C."> <text>An applicant shall provide:</text> <paragraph num="(1)"> <text>A completed application;</text> </paragraph> <paragraph num="(2)"> <text>Proof of graduation from an accredited U.S. school of dentistry;</text> </paragraph> <paragraph num="(3)"> <text>Documentation of the amounts and the holders of the applicant's outstanding eligible higher education loans;</text> </paragraph> <paragraph num="(4)"> <text>Letters of recommendation from three individuals;</text> </paragraph> <paragraph num="(5)"> <text>Proof of a dental license issued by the Maryland State Board of Dental Examiners; and</text> </paragraph> <paragraph num="(6)"> <text>If entering a group practice or incorporated practice, a letter of intent from the employer stating that the other members of the practice are aware of the program and the requirements that need to be fulfilled; and</text> </paragraph> <paragraph num="(7)"> <text>If in solo practice, proof that the practice exists.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Each applicant shall agree to provide any information or documentation requested by OSFA and OOH for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. An applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility, the cancellation of an award, or the denial of a deferment, cancellation, suspension, or waiver request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Selection Process."> <paragraph num="A."> <text>The Office of Oral Health (OOH) shall appoint a Review Panel, which includes dentists who have experience treating Medicaid and low-income patients, to assist in the annual selection of Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) recipients.</text> </paragraph> <paragraph num="B."> <text>The Review Panel shall be responsible for reviewing the eligible applicants and recommending to OOH which applicants should receive an award.</text> </paragraph> <paragraph num="C."> <text>The OOH shall make the final selection of MDC-LARP recipients.</text> </paragraph> <paragraph num="D."> <text>The Review Panel may consider the following criteria in making its recommendations to OOH:</text> <paragraph num="(1)"> <text>The dental health care needs of the geographic area where the dental practice is located;</text> </paragraph> <paragraph num="(2)"> <text>The professional competence and conduct of applicants;</text> </paragraph> <paragraph num="(3)"> <text>The applicant’s willingness to serve the 3-year requirement;</text> </paragraph> <paragraph num="(4)"> <text>The applicant’s personal or professional background and whether it demonstrates an understanding of the dental needs that exist in shortage areas or in underserved populations; and</text> </paragraph> <paragraph num="(5)"> <text>Additional criteria as determined by OOH to accommodate the goals of the MDC-LARP program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Maryland Dent-Care Loan Assistance Repayment Program Awards."> <paragraph num="A."> <text>The total number of awards made each year shall be determined on an annual basis by the Office of Student Financial Assistance (OSFA) and the Maryland Department of Health (MDH) and shall be based on the amount of funds available.</text> </paragraph> <paragraph num="B."> <text>The award amount for new Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) awards shall be determined on an annual basis by OSFA and MDH, and shall be based on the available annual funding, the number of selected recipients, a recipient’s total indebtedness from eligible higher education loans at the time of application, and the number of years the recipient agrees to serve in the program.</text> </paragraph> <paragraph num="C."> <text>An award shall be for a minimum of $10,000 per year and up to a maximum of $30,000 per year.</text> </paragraph> <paragraph num="D."> <text>An MDC-LARP award may not exceed the MDC-LARP recipient’s total indebtedness from eligible higher education loans.</text> </paragraph> <paragraph num="E."> <text>OSFA shall issue checks to selected MDC-LARP recipients within 60 days of completing their service year. A service year is the 365-day period commencing on the date of the first day the MDC-LARP recipient begins to fulfill the service obligation at an eligible practice site. Unless the MDC-LARP recipient does not fulfill the service obligation as scheduled, subsequent service years for that MDC-LARP recipient begin and end on the same dates as the first service year. The amount of the check shall equal the loan repayment amount specified for the service year in the contract between the MDC-LARP recipient and the Commission.</text> </paragraph> <paragraph num="F."> <text>A loan repayment check shall be made co-payable to the MDC-LARP recipient and the holder of the MDC-LARP recipient's eligible higher education loans. The MDC-LARP recipient shall endorse and forward the check to the loan holder.</text> </paragraph> <paragraph num="G."> <text>An MDC-LARP recipient shall notify OSFA if there is a change in the holder of a loan.</text> </paragraph> <paragraph num="H."> <text>An MDC-LARP recipient may receive renewal awards for up to a maximum of 3 years if the recipient continues to meet the eligibility criteria and have outstanding eligible higher education loans, depending on available funding. Individuals applying for an award renewal are neither given preference nor guaranteed renewal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Maryland Dent-Care Loan Assistance Repayment Program Recipient Obligations."> <paragraph num="A."> <text>The recipient of an Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) award shall furnish the Office of Student Financial Assistance (OSFA) with written acceptance of the award and sign a promissory note that stipulates the:</text> <paragraph num="(1)"> <text>Obligations of an MDC-LARP recipient;</text> </paragraph> <paragraph num="(2)"> <text>Number of years to which the MDC-LARP recipient commits;</text> </paragraph> <paragraph num="(3)"> <text>Total and annual amounts of the MDC-LARP award;</text> </paragraph> <paragraph num="(4)"> <text>Penalties for breaching the promissory note;</text> </paragraph> <paragraph num="(5)"> <text>Circumstances under which the obligation may be deferred, canceled, suspended, or waived; and</text> </paragraph> <paragraph num="(6)"> <text>Other terms OSFA deems necessary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient of an MDC-LARP award shall:</text> <paragraph num="(1)"> <text>Provide dental care services to Maryland Medical Assistance Program MMAP recipients equal to at least 30 percent of their practice for 1 year for each year the individual received an award;</text> </paragraph> <paragraph num="(2)"> <text>Provide dental care services in a full-time eligible practice site (full-time practice means a minimum of 40 hours per week);</text> </paragraph> <paragraph num="(3)"> <text>Provide at least 32 hours of the required 40 hours per week during normally scheduled office hours at an eligible practice site; and</text> </paragraph> <paragraph num="(4)"> <text>Ensure that no more than 35 workdays are spent away from the practice for holidays, vacation, continuing professional education, illness, or any other reason. Absences greater than 35 workdays in any given 52-week period shall extend the service obligation end date.</text> </paragraph> </paragraph> <paragraph num="C."> <text>While in practice at an eligible practice site, an MDC-LARP recipient shall:</text> <paragraph num="(1)"> <text>Sign up to be a Medical Assistance provider with the Maryland Healthy Smiles Program;</text> </paragraph> <paragraph num="(2)"> <text>Accept and render services to Maryland Medical Assistance Program recipients;</text> </paragraph> <paragraph num="(3)"> <text>Maintain a valid license to practice dentistry in the State of Maryland throughout the service obligation;</text> </paragraph> <paragraph num="(4)"> <text>Notify OSFA if the employment arrangement at the eligible practice site is terminated or changed;</text> </paragraph> <paragraph num="(5)"> <text>Notify OSFA if the repayment of a loan is undertaken by an entity defined in Education Article, §18-2401(b)(2), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(6)"> <text>Keep timely records of services rendered to all Medicaid patients (both Network Provider Recipients and Maryland Medical Assistance Program Recipients) and provide the Department of Health Office of Oral Health with written reports of those services as allowed by federal and state confidentiality statutes and regulations; and</text> </paragraph> <paragraph num="(7)"> <text>Complete an exit interview at the end of the final service period.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Verification."> <paragraph num="A."> <text>The Office of Student Financial Assistance (OSFA) shall require annual verification that a Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) recipient is fulfilling their award obligations.</text> </paragraph> <paragraph num="B."> <text>Prior to issuing an MDC-LARP recipient's check for the first year of service, OSFA shall receive notice from the Maryland Department of Health Office of Oral Health (MDH) that confirms that the MDC-LARP recipient is providing appropriate service at that site. Prior to issuing a check for a subsequent year of service, OSFA shall receive confirmation from MDH that the MDC-LARP recipient provided services in the previous year and continues to practice at an eligible practice site.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Breach of a Recipient’s Obligations."> <paragraph num="A."> <text>A Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) recipient breaches the recipient’s obligations if:</text> <paragraph num="(1)"> <text>They do not begin their service obligation at an eligible practice site within 3 months of the close of the fiscal year in which the promissory note is executed; or</text> </paragraph> <paragraph num="(2)"> <text>The MDC-LARP recipient separates from the eligible practice site prior to fulfilling the service obligation and does not move to a site that complies with the program requirements.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An MDC-LARP recipient who breaches their obligation shall be subject to the total of the following financial penalties:</text> <paragraph num="(1)"> <text>The total amounts paid to, or on behalf of, the recipient for loan repayments for any period of obligated service not served;</text> </paragraph> <paragraph num="(2)"> <text>An amount equal to the number of months of obligated service not completed multiplied by $7,500; and</text> </paragraph> <paragraph num="(3)"> <text>Interest on the amounts in §B(1) and (2) of this regulation at the maximum legal prevailing rate, as determined by the Treasurer of the United States, from the date of breach.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition to the penalties in §B of this regulation, the State of Maryland is entitled to recover costs, fees, and expenses associated with the collection of these penalties, including attorney’s fees, as prescribed by State law or regulation</text> </paragraph> <paragraph num="D."> <text>Amounts not paid within 1 year of the breach shall be subject to garnishment of wages, deductions in Medicaid payments, and other collection methods.</text> </paragraph> <paragraph num="E."> <text>The Office of Student Financial Assistance shall report recipients who fail to pay their financial penalties within 1 year to the Maryland State Board of Dental Examiners. Recipients who fail to pay their financial penalties may be subject to disciplinary action by the Board of Dental Examiners.</text> </paragraph> <paragraph num="F."> <text>An MDC-LARP recipient's financial obligation to pay damages may not be released by discharge of bankruptcy under Title 11 of the United States Code.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Deferment, Cancellation, Suspension, and Waiver of Obligation."> <paragraph num="A."> <text>The Office of Student Financial Assistance (OSFA) may consider deferment, cancellation, suspension, or waiver of the obligation as provided in this regulation.</text> </paragraph> <paragraph num="B."> <text>OSFA may consider deferment for:</text> <paragraph num="(1)"> <text>Military service for a period not to exceed 3 years;</text> </paragraph> <paragraph num="(2)"> <text>Extended illness verified by a physician;</text> </paragraph> <paragraph num="(3)"> <text>Extenuating family circumstances to be decided on a case-by-case basis; and</text> </paragraph> <paragraph num="(4)"> <text>Maternity/paternity leave not to exceed 6 months.</text> </paragraph> </paragraph> <paragraph num="C."> <text>OSFA may consider cancellation, suspension, or waiver as follows:</text> <paragraph num="(1)"> <text>Any service or payment obligation incurred by a Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) recipient is canceled upon the MDC-LARP recipient's death; and</text> </paragraph> <paragraph num="(2)"> <text>OSFA may waive or suspend an MDC-LARP recipient's service or payment obligation if, as determined by OSFA, compliance by the MDC-LARP recipient with the terms and conditions of the contract is impossible or would involve extreme hardship.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Responsibilities of the Department of Health Office of Oral Health."> <text>The Maryland Department of Health Office of Oral Health shall be responsible for:</text> <paragraph num="A."> <text>Promoting and recruiting the Maryland Dent-Care Loan Assistance Repayment Program (MDC-LARP) program in conjunction with the Office of Student Financial Assistance (OSFA);</text> </paragraph> <paragraph num="B."> <text>Certifying eligible practice sites;</text> </paragraph> <paragraph num="C."> <text>Selecting eligible applicants;</text> </paragraph> <paragraph num="D."> <text>Notifying OSFA of selected eligible applicants;</text> </paragraph> <paragraph num="E."> <text>Confirming that MDC-LARP recipients are fulfilling their requirements;</text> </paragraph> <paragraph num="F."> <text>Appointing an individual to serve on the Review Panel; and</text> </paragraph> <paragraph num="G."> <text>Nominating individuals to serve on the Review Panel.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-2401—18-2408, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 836)</annotation> </annotations> </chapter> <chapter num="10" heading="Delegate Howard P. Rawlings Educational Excellence Awards Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Delegate Howard P. Rawlings Program of Educational Excellence Awards is to provide need-based financial assistance to students in accordance with Education Article, Title 18, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>As used in this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Academic year” means the fall, spring, and summer semesters and any semester shorter in length than the term of a regular semester.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(3)"> <text>“Educational Assistance Grant” or “EA Grant” means the Delegate Howard P. Rawlings Educational Assistance Grant.</text> </paragraph> <paragraph num="(4)"> <text>“Educational Excellence Award” or “EEA” means the Delegate Howard P. Rawlings Program of Educational Excellence Awards, which consists of Delegate Howard P. Rawlings Guaranteed Access Grants and Delegate Howard P. Rawlings Educational Assistance Grants.</text> </paragraph> <paragraph num="(5)"> <text>“Eligible for in-State tuition” means an individual:</text> <paragraph num="(a)"> <text>Determined by a public institution of higher education to qualify for in-State tuition under the institution’s policies and Education Article, Title 15, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Determined by a nonpublic institution of higher education within the State to meet the criteria for in-State tuition under Education Article, Title 15, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Eligible institution” means an institution of higher education within the State.</text> </paragraph> <paragraph num="(7)"> <text>“FAFSA” means the Free Application for Federal Student Aid.</text> </paragraph> <paragraph num="(8)"> <text>Full-Time Student.</text> <paragraph num="(a)"> <text>“Full-time student” means a student enrolled in at least 12 credit hours, or the equivalent of 12 credit hours, as determined by OSFA:</text> <paragraph num="(i)"> <text>In a regular undergraduate program leading to a degree or diploma from an eligible institution; or</text> </paragraph> <paragraph num="(ii)"> <text>In a 2-year associate degree program in which the course work is acceptable for transfer credit to an accredited baccalaureate program at an eligible institution.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A semester hour or equivalent that does not lead towards a degree or diploma in a student’s educational program shall not be counted for purposes of determining whether the student is full-time.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“GED” means a high school diploma by examination under Labor and Employment Article, §11-808 Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Guaranteed Access Grant” or “GA Grant” means the Delegate Howard P. Rawlings Guaranteed Access Grant.</text> </paragraph> <paragraph num="(11)"> <text>“Maryland State Financial Aid Application (MSFAA)” means the financial aid application form prescribed by the Office for individuals who are eligible for in-State tuition and ineligible to complete the FAFSA.</text> </paragraph> <paragraph num="(12)"> <text>“OSFA” or “Office” means the Office of Student Financial Assistance within the Commission.</text> </paragraph> <paragraph num="(13)"> <text>“Secretary” means the Secretary of Higher Education for the State.</text> </paragraph> <paragraph num="(14)"> <text>Successfully Completed Course.</text> <paragraph num="(a)"> <text>“Successfully completed course” means a course in which a student received any grade higher than an “F” regardless of any school or program policy.</text> </paragraph> <paragraph num="(b)"> <text>“Successfully completed course” does not include a course that is retaken by a student more than once.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Title IV” means Title IV of the federal Higher Education Act of 1965.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <paragraph num="A."> <text>To be eligible for financial assistance under the Educational Excellence Award program, an applicant shall:</text> <paragraph num="(1)"> <text>Be a Maryland resident or be eligible for in-State tuition;</text> </paragraph> <paragraph num="(2)"> <text>Annually file the FAFSA or MSFAA by March 1;</text> </paragraph> <paragraph num="(3)"> <text>Be accepted for admission, or enrolled as a full-time student, in a regular undergraduate program leading to a degree or diploma at an eligible institution, or be enrolled full-time in a 2-year associate degree program in which the course work is acceptable for transfer credit to an accredited baccalaureate program at an eligible institution;</text> </paragraph> <paragraph num="(4)"> <text>Demonstrate financial need based upon the formula set forth in Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>Agree to provide, by the deadline established by OSFA, any supplemental information or documentation requested by OSFA or an institution for the purpose of administering or verifying eligibility for the EEA; and</text> </paragraph> <paragraph num="(6)"> <text>If requested, sign an authorization for the release of information to OSFA or an institution for the purpose of administering or verifying eligibility for the EEA.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant’s failure or refusal to provide to OSFA requested information, or a signed authorization for the release of information, by the deadlines established by OSFA may result in a determination of ineligibility, the cancellation of an award, or the denial of an appeal.</text> </paragraph> <paragraph num="C."> <text>To be eligible for a Guaranteed Access Grant, an applicant shall:</text> <paragraph num="(1)"> <text>Satisfy the requirements of §A of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §D of this regulation, have an annual total family income as reported on the FAFSA or MSFAA that is at or below 130 percent of the federal poverty level or, if program funding allows, that is at or below 150 percent of the federal poverty level, for 2 years prior to the academic year for which the student is being reviewed;</text> </paragraph> <paragraph num="(3)"> <text>Begin enrollment at an eligible institution within 1 year of completing high school or within 1 year of obtaining a GED with a passing score of at least 165 per module or, if failing to do either, provide documentation satisfactory to OSFA of extenuating circumstances;</text> </paragraph> <paragraph num="(4)"> <text>Be younger than 22 years old at the time of receiving the first award, except as provided in §E of this regulation;</text> </paragraph> <paragraph num="(5)"> <text>Either:</text> <paragraph num="(a)"> <text>Have obtained a GED with a passing score of at least 165 per module; or</text> </paragraph> <paragraph num="(b)"> <text>Have successfully completed a college preparatory program in high school that is designed to prepare students for college level work;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Either:</text> <paragraph num="(a)"> <text>Have obtained a GED with a passing score of at least 165 per module; or</text> </paragraph> <paragraph num="(b)"> <text>Have completed high school with an unweighted cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent at the end of the first semester of the senior year in high school and have completed high school or, failing to do so, on the recommendation of the recipient’s high school principal provide evidence satisfactory to the Commission of extenuating circumstances;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Except as provided in §C(3) and (6) of this regulation, be a senior in high school at the time of initial application;</text> </paragraph> <paragraph num="(8)"> <text>Except as provided in §C(3) and (6) of this regulation, submit a completed high school certification form and a high school transcript reflecting the first semester of the applicant’s senior year;</text> </paragraph> <paragraph num="(9)"> <text>Whether applying for the first time or as a renewal recipient, submit all supplemental documentation requested by OSFA or the institution (other than the FAFSA or MSFAA, which are due on March 1) no later than the deadline established by OSFA; and</text> </paragraph> <paragraph num="(10)"> <text>Meet any other requirements adopted by the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>OSFA may not consider an earned income credit under §32 of the Internal Revenue Code in determining the annual family income eligibility of an applicant for a Guaranteed Access Grant.</text> </paragraph> <paragraph num="E."> <text>Prior to award year 2022—2023, an individual may be younger than 26 years old at the time of receiving the first GA award, but beginning in award year 2022—2023, an individual shall be younger than 22 years old at the time of receiving the first GA award.</text> </paragraph> <paragraph num="F."> <text>Except as provided in §G of this regulation, a student in grade 7 or grade 8 who applies and prequalifies for a Guaranteed Access Grant on the basis of financial need, as established by the Office, shall agree in writing, as a secondary and undergraduate student, to:</text> <paragraph num="(1)"> <text>Satisfy the attendance policy of the applicable school;</text> </paragraph> <paragraph num="(2)"> <text>Refrain from substance abuse;</text> </paragraph> <paragraph num="(3)"> <text>Provide information required by the Commission or the Maryland State Department of Education;</text> </paragraph> <paragraph num="(4)"> <text>Apply for admission to an institution of higher education during the student’s senior year of high school;</text> </paragraph> <paragraph num="(5)"> <text>Participate in the Next Generation Scholars of Maryland Program until the student graduates from high school and matriculates at an institution of higher education;</text> </paragraph> <paragraph num="(6)"> <text>Maintain an unweighted cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent; and</text> </paragraph> <paragraph num="(7)"> <text>Satisfy any other program requirements set by OSFA, the Commission, the Maryland State Board of Education, or the Maryland State Department of Education.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A student in grade 9 or grade 10 shall prequalify for a Guaranteed Access Grant, to be used at the time of enrollment in an institution of postsecondary education, if the student:</text> <paragraph num="(1)"> <text>Meets the requirements set forth in §F of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Either:</text> <paragraph num="(a)"> <text>Is eligible for free or reduced price meals; or</text> </paragraph> <paragraph num="(b)"> <text>Attends a school that participates in the United States Department of Agriculture Community Eligibility Provision and is identified by:</text> <paragraph num="(i)"> <text>Direct certification; or</text> </paragraph> <paragraph num="(ii)"> <text>Income information provided to the local school system, by the family of the student, on an alternative form developed by the Maryland State Department of Education.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Award Amounts and Credit Completion Requirements."> <paragraph num="A."> <text>Educational Excellence Award program award amounts shall be determined by OSFA in accordance with this regulation and Regulation .06 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Educational Assistance Grant Award Amounts.</text> <paragraph num="(1)"> <text>Educational Assistance Grant award amounts shall range between $400 and $3,000 and be awarded in $100 increments.</text> </paragraph> <paragraph num="(2)"> <text>The amount of an Educational Assistance Grant made to a student in the student’s first 2 academic years of enrollment may not be less than $400 or more than $3,000.</text> </paragraph> <paragraph num="(3)"> <text>If the student enrolled in an eligible institution on or after August 31, 2015, and has received the EA Grant for at least 2 years, then beginning with the 2018—2019 award year, and in each academic award year thereafter, the student shall successfully complete:</text> <paragraph num="(a)"> <text>At least 30 credits in the prior academic year, in order for the EA award amount to not be less than $400 or more than $3,000; or</text> </paragraph> <paragraph num="(b)"> <text>At least 24 but fewer than 30 credits in the prior academic year, in order for the EA award amount to be equal to the amount the student would have otherwise received under §B(3)(a) of this regulation multiplied by the ratio of the number of credits successfully completed divided by 30.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the student’s prorated award amount under §B(3)(b) of this regulation is less than $400, the student shall not be awarded an Educational Assistance Grant.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Guaranteed Access Grant Award Amounts.</text> <paragraph num="(1)"> <text>Guaranteed Access Grant award amounts shall range from $400 up to a maximum award not to exceed the equivalent annual expenses of a full-time resident undergraduate at the 4-year public institution of higher education within the University System of Maryland, other than the University of Maryland University College and the University of Maryland Baltimore, which is calculated by OSFA to have the highest annual expenses for a full-time resident undergraduate, in $100 increments.</text> </paragraph> <paragraph num="(2)"> <text>The amount of a Guaranteed Access Grant made to a student in the student's first 2 academic years of enrollment shall be equal to 100 percent of the student's adjusted financial need as determined by OSFA, subject to the requirements of §C(1) of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>If the student has enrolled in an eligible institution on or after August 31, 2015, and has received the GA Grant for at least 2 years, then beginning with the 2018—2019 award year, and each academic award year thereafter, the student shall successfully complete:</text> <paragraph num="(a)"> <text>At least 30 credits in the prior academic year, in order for the award amount to be equal to 100 percent of the amount calculated under §C(2) of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>At least 24 but fewer than 30 credits in the prior academic year, in order for the award amount to be equal to 100 percent of the amount calculated under §C(2) of this regulation multiplied by the ratio of the number of credits successfully completed divided by 30.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the student’s prorated award amount under §C(3)(b) of this regulation would be less than $400, the student shall not be awarded a Guaranteed Access Grant.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except as provided in §E of this regulation, if the student fails to complete at least 24 credits at the end of the student’s second academic year of receiving the grant, the student shall not be awarded either the Guaranteed Access Grant or the Educational Assistance Grant.</text> </paragraph> <paragraph num="E."> <text>A student described in §D of this regulation may be awarded the grant if, subsequent to the second year of receiving the grant:</text> <paragraph num="(1)"> <text>The student completes 24 credits within an academic year; and</text> </paragraph> <paragraph num="(2)"> <text>Reapplies for and qualifies for the grant the following year.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The award recipient shall continue to meet the criteria established by this chapter for the duration of the award.</text> </paragraph> <paragraph num="G."> <text>Students may hold other State scholarships or grants in addition to an EEA, but shall meet all conditions for all awards, and may not receive an amount combined from all State programs that exceeds the maximum amount established by OSFA.</text> </paragraph> <paragraph num="H."> <text>A student who has been approved through an appeal under Regulation .15 of this chapter to receive an EEA while taking fewer than 12 credits in a term may not receive a part-time grant from OSFA during that same term.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Use of Award Out-of-State."> <paragraph num="A."> <text>A Guaranteed Access Grant or Educational Assistance Grant may be used at an institution of higher education in another state or the District of Columbia only if:</text> <paragraph num="(1)"> <text>The following conditions are met:</text> <paragraph num="(a)"> <text>The attendance is pursuant to a reciprocal agreement for applicants that are deaf or hearing impaired at an institution of higher education that makes special provisions for deaf and hearing impaired students;</text> </paragraph> <paragraph num="(b)"> <text>Comparable special provisions are not available at an in-State institution of higher education; and</text> </paragraph> <paragraph num="(c)"> <text>The institution is accredited by accrediting body recognized by the U.S. Department of Education; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The attendance is pursuant to a reciprocal agreement under Education Article, §§18-305(b) and 18-308, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>OSFA may not award more than 10 percent of the funds available for each of the types of grant awarded through the Guaranteed Access Grant program and Educational Assistance Grant program to students attending schools located in another state or the District of Columbia.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Financial Need Calculation and Award Formulas."> <paragraph num="A."> <text>Determination of Financial Need.</text> <paragraph num="(1)"> <text>The Office shall calculate an applicant’s adjusted financial need using the following formula:</text> </paragraph> <paragraph num="(2)"> <text>The Expected Family Contribution shall be determined using the same methodology used by the U.S. Department of Education to determine expected family contribution for purposes of federal student aid.</text> </paragraph> <paragraph num="(3)"> <text>The Regional Cost of Living Adjustment shall be determined annually by the Secretary.</text> </paragraph> <paragraph num="(4)"> <text>Cost of Attendance shall be calculated as follows:</text> <paragraph num="(a)"> <text>For a student living with parents, tuition and mandatory fees plus an allowance established by OSFA, with a minimum value of $3,200;</text> </paragraph> <paragraph num="(b)"> <text>For a student living off-campus, tuition and mandatory fees plus an allowance established by OSFA, with a minimum value of $5,100; and</text> </paragraph> <paragraph num="(c)"> <text>For a student living on-campus, tuition and mandatory fees, room and board, plus an allowance established by OSFA, with a minimum value of $900.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Determination of EEA Award Amounts.</text> <paragraph num="(1)"> <text>Amounts of EEA program awards shall be calculated using data from the FAFSA or the MSFAA.</text> </paragraph> <paragraph num="(2)"> <text>EA Grant Formulas. Subject to the requirements of Regulation .04 of this chapter:</text> <paragraph num="(a)"> <text>An EA award for a student attending a 4-year institution shall be calculated using the following formula: Adjusted Financial Need x 40% = Educational Assistance Grant; and</text> </paragraph> <paragraph num="(b)"> <text>An award for a student attending a community college shall be calculated using the following formula: Adjusted Financial Need x 60% = Educational Assistance Grant.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>GA Grant Formulas. Subject to the requirements of Regulation .04 of this chapter, Guaranteed Access Grants shall be calculated using the following formula: Adjusted Financial Need x 100% = Guaranteed Access Grant.</text> </paragraph> <paragraph num="(4)"> <text>Award amounts shall be calculated on an annual basis and rounded to the nearest $100.</text> </paragraph> <paragraph num="(5)"> <text>Awards that are made for the fall and spring semesters in the academic year are evenly split between the two semesters.</text> </paragraph> <paragraph num="(6)"> <text>If a student’s award amount is determined to be below $400, the student shall not receive the award.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Errors on a FAFSA or MSFAA that are corrected by a student after the deadline may be considered by OSFA. Changes in award amounts as a result of a correction shall be handled as follows:</text> <paragraph num="(1)"> <text>For EA Grants and GA Grants, if a correction results in a decrease in an award amount, the award shall be adjusted and the student notified of the change. If a correction results in an increase in an award, the increase shall be funded only if OSFA determines that funds are available.</text> </paragraph> <paragraph num="(2)"> <text>For GA Grants only, if a correction in family income or family size results in the student no longer being eligible for a GA Grant, the student's GA award shall be canceled and, if funding is available in OSFA’s determination, the student may be awarded as an EA Grant.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Awarding Priorities and Distribution of Funds."> <paragraph num="A."> <text>On an annual basis, the Secretary shall establish awarding priorities for making awards under the Educational Excellence Awards Program.</text> </paragraph> <paragraph num="B."> <text>The awarding priorities shall be based upon projections using the estimated funding level for the program, and shall take into consideration funds necessary to award Guaranteed Access Grants at 100 percent of need, with the remainder of the funds being awarded as Educational Assistance Grants.</text> </paragraph> <paragraph num="C."> <text>As its first awarding priority, and subject to the requirements of Education Article, §§18-304 and 18-307, Annotated Code of Maryland, the Office shall strive to award recipients at the percent of need and maximum award established for the prior award year, adjusting for tuition and fee increases.</text> </paragraph> <paragraph num="D."> <text>As its second awarding priority, and subject to the requirements of Education Article, §§18-304 and 18-307, Annotated Code of Maryland, the Office shall strive to maintain the overall number of awards in the EEA program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Selection of Recipients."> <paragraph num="A."> <text>An applicant for the GA Grant who files the FAFSA or MSFAA after March 1 may not be considered for an award.</text> </paragraph> <paragraph num="B."> <text>A renewal applicant for the GA Grant shall meet all the requirements set forth in Regulation .10 of this chapter to be considered for a renewal award.</text> </paragraph> <paragraph num="C."> <text>GA Grant applicants who have completed the FAFSA or MSFAA by March 1 shall be selected for the award in the following priority:</text> <paragraph num="(1)"> <text>Renewal applicants who submit all supplemental information or documentation requested by OSFA or an institution by April 1;</text> </paragraph> <paragraph num="(2)"> <text>Initial applicants who submit all supplemental information requested by OSFA or an institution by April 1; and</text> </paragraph> <paragraph num="(3)"> <text>Renewal and initial applicants and initial applicants who submit all supplemental information requested by OSFA or an institution after April 1 but no later than May 15.</text> </paragraph> </paragraph> <paragraph num="D."> <text>All applicants for the EA Grant shall be selected and awards made based upon a Statewide ranking of each student's Expected Family Contribution (EFC) and need, with the lowest EFC and greatest need awarded first, in the following priority:</text> <paragraph num="(1)"> <text>Renewal applicants for EA Grants shall be awarded first provided that the requirements of Regulation .10 of this chapter are met; and</text> </paragraph> <paragraph num="(2)"> <text>Remaining funds shall be awarded to all other eligible applicants until all funds are depleted.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Award Notification and Acceptance."> <paragraph num="A."> <text>Recipients shall be notified by OSFA through the Maryland College Aid Processing System (MDCAPS) of the awards.</text> </paragraph> <paragraph num="B."> <text>An initial EA or GA Grant recipient shall log on to MDCAPS in order to accept an award, except that, in extenuating circumstances as determined by the Director of OSFA, a student may accept an award by providing written acceptance to the Office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Award Renewal and Continuation."> <paragraph num="A."> <text>An Educational Assistance Grant may be renewed if the recipient:</text> <paragraph num="(1)"> <text>Files a FAFSA or MSFAA by March 1;</text> </paragraph> <paragraph num="(2)"> <text>Demonstrates financial need;</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled as a full-time student in an eligible institution or community college;</text> </paragraph> <paragraph num="(4)"> <text>At the end of the student’s second academic year and thereafter of receiving the grant, completed at least 24 credits in the prior academic year;</text> </paragraph> <paragraph num="(5)"> <text>Is making satisfactory progress according to institutional standards in compliance with federal Title IV program regulations; and</text> </paragraph> <paragraph num="(6)"> <text>Is a resident of the State or eligible for in-State tuition, as verified by the institution.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A Guaranteed Access Grant may be renewed if the recipient:</text> <paragraph num="(1)"> <text>Files a FAFSA or MSFAA by March 1 and, if requested by OSFA or the institution, submits all required verification documentation by the deadline established by OSFA;</text> </paragraph> <paragraph num="(2)"> <text>Has an annual total family income as reported on the FAFSA or MSFAA which is at or below 150 percent of the federal poverty level;</text> </paragraph> <paragraph num="(3)"> <text>Is enrolled as a full-time student in an eligible institution or community college;</text> </paragraph> <paragraph num="(4)"> <text>At the end of the student’s second academic year and thereafter of receiving the grant, completed at least 24 credits in the prior academic year;</text> </paragraph> <paragraph num="(5)"> <text>Is making satisfactory progress according to institutional standards in compliance with federal Title IV program regulations; and</text> </paragraph> <paragraph num="(6)"> <text>Is a resident of the State or eligible for in-State tuition, as verified by the institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A renewal applicant for a GA Grant who does not meet the requirements of §B of this regulation shall be considered for an EA Grant, if the recipient satisfies the requirements of §A of this regulation, meets the EFC requirements based upon the Statewide ranking of greatest need, and Regulation .03 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Award Cancellation or Adjustment."> <paragraph num="A."> <text>An award shall be canceled if:</text> <paragraph num="(1)"> <text>A recipient of an EA Grant or GA Grant fails to accept the award within the time specified in the award notification to the recipient;</text> </paragraph> <paragraph num="(2)"> <text>A recipient of an EA Grant or GA Grant fails to satisfy all verification requirements;</text> </paragraph> <paragraph num="(3)"> <text>A recipient of a GA Grant fails to submit all requested supplemental information or documentation to OSFA or an institution by the deadline established by OSFA;</text> </paragraph> <paragraph num="(4)"> <text>An institution reports on the billing roster that the recipient is:</text> <paragraph num="(a)"> <text>Not enrolled at that institution in a regular program;</text> </paragraph> <paragraph num="(b)"> <text>Not enrolled as a full-time student;</text> </paragraph> <paragraph num="(c)"> <text>Not meeting the required number of successfully completed credits under Regulation .04 of this chapter;</text> </paragraph> <paragraph num="(d)"> <text>Not making satisfactory academic progress;</text> </paragraph> <paragraph num="(e)"> <text>Not a resident of the State or not eligible for in-State tuition; or</text> </paragraph> <paragraph num="(f)"> <text>In default of a Title IV loan or owes a refund of Title IV assistance; or</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>An institution reports on the credit roster that the recipient is not meeting the required number of successfully completed credits under Regulation .04 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An award shall be adjusted in accordance with Regulation .04 of this chapter if an institution reports on the billing roster that a recipient who received the grant for 2 prior years has completed a minimum of 24 credits but fewer than 30 credits.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Payment of Awards."> <paragraph num="A."> <text>OSFA shall make an award payment to the institution for each semester that the eligible recipient is granted the award.</text> </paragraph> <paragraph num="B."> <text>The institution shall certify to OSFA all recipients, on a semester basis, on or before:</text> <paragraph num="(1)"> <text>December 15, for the fall semester; and</text> </paragraph> <paragraph num="(2)"> <text>May 15, for the spring semester.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An institution who fails to certify all recipients on a semester basis by the prescribed deadline will not be able to certify recipients for subsequent semester. At the beginning of each semester, institutions shall review billing rosters provided by OSFA to certify, by a deadline determined by OSFA, that the recipients meet the requirements described in this chapter.</text> </paragraph> <paragraph num="D."> <text>In order for funds to be disbursed to the institution, the institution at which the student is enrolled shall maintain the student’s FAFSA information on file. OSFA will maintain the applications for students who complete the MSFAA.</text> </paragraph> <paragraph num="E."> <text>Institutions shall be responsible for disbursing the funds on behalf of awarded students in a timely fashion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Verification of Eligibility."> <paragraph num="A."> <text>In-House Verification by OSFA.</text> <paragraph num="(1)"> <text>OSFA annually shall verify a percentage of all new Educational Excellence Award applications to determine if they contain accurate information.</text> </paragraph> <paragraph num="(2)"> <text>OSFA shall verify Educational Excellence Award applications for recipients identified by OSFA, or by institutions, based upon:</text> <paragraph num="(a)"> <text>Whether the information contained in the application has discrepancies from the information contained in the FAFSA or MSFAA; or</text> </paragraph> <paragraph num="(b)"> <text>Whether the applicant misreported dependency status, State residency status, or status related to eligibility for in-State tuition.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>OSFA may randomly select applications for verification.</text> </paragraph> <paragraph num="(4)"> <text>An applicant who filed a MSFAA and is selected for verification may only be verified by OSFA.</text> </paragraph> <paragraph num="(5)"> <text>Selected recipients are required to provide documentation of financial data and to verify dependency and State residency or eligibility for in-State tuition.</text> </paragraph> <paragraph num="(6)"> <text>OSFA annually shall verify the eligibility status of at least 25 percent of GA Grant award recipients.</text> </paragraph> <paragraph num="(7)"> <text>Initial GA Grant applicants shall submit a high school transcript or documentation of GED scores.</text> </paragraph> <paragraph num="(8)"> <text>Initial and renewal GA Grant recipients shall provide documentation of financial data to verify eligibility as requested by OSFA.</text> </paragraph> <paragraph num="(9)"> <text>OSFA shall notify a student who has been selected for verification in writing, and shall advise the student that the student is required to provide the following documents within the time specified in the notification:</text> <paragraph num="(a)"> <text>A Maryland Office of Student Financial Assistance Dependent or Independent Verification Form to verify:</text> <paragraph num="(i)"> <text>Number of individuals in the household who will attend or are enrolled in college;</text> </paragraph> <paragraph num="(ii)"> <text>Household size; and</text> </paragraph> <paragraph num="(iii)"> <text>Other untaxed income;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>As applicable, the Maryland State tax return, IRS tax transcript, federal tax return, or IRS data retrieved through the FAFSA, W-2 forms, 1099, or Schedule C of the student, student’s parents, and student’s spouse, to verify:</text> <paragraph num="(i)"> <text>Adjusted gross income;</text> </paragraph> <paragraph num="(ii)"> <text>Income taxes paid;</text> </paragraph> <paragraph num="(iii)"> <text>Untaxed portions of IRA distributions;</text> </paragraph> <paragraph num="(iv)"> <text>Untaxed portions of pensions;</text> </paragraph> <paragraph num="(v)"> <text>Tax exempt interest income;</text> </paragraph> <paragraph num="(vi)"> <text>Education credits; and</text> </paragraph> <paragraph num="(vii)"> <text>State residency or eligibility for in-State tuition; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If deemed necessary by OSFA, a Non Tax Filer Statement for the student, student’s parents, or student’s spouse.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Awards may not be issued for students who fail to provide the requested information by the deadline established by OSFA.</text> </paragraph> <paragraph num="(11)"> <text>Students who provide the requested documentation shall be verified in accordance with the procedures established by OSFA. Awards for students with errors shall be recalculated and adjusted or canceled in accordance with this chapter.</text> </paragraph> <paragraph num="(12)"> <text>OSFA annually shall perform an independent review for a select percentage of GA Grant recipients that were verified in-house. This process shall occur between July 1 and December 1. If a discrepancy is found during the review process, OSFA reserves the right to make necessary adjustments to a student’s award and shall notify the student in writing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Institutional Verification.</text> <paragraph num="(1)"> <text>The institutions annually shall verify application information for a percentage of all new Educational Excellence Award recipients to determine if students are submitting accurate financial data.</text> </paragraph> <paragraph num="(2)"> <text>OSFA shall select a minimum of 25 percent of all students who have received an EA Grant and were flagged for federal verification. Lists of the selected students shall be submitted to the institutions the students are attending.</text> </paragraph> <paragraph num="(3)"> <text>After students are selected for EA Grant verification under §B(2) of this regulation, each applicable institution shall use the U.S. Department of Education’s Title IV financial aid rules and regulations to verify the:</text> <paragraph num="(a)"> <text>Taxable and non-taxable income of the student and, if a dependent student, the student’s parents;</text> </paragraph> <paragraph num="(b)"> <text>Household size;</text> </paragraph> <paragraph num="(c)"> <text>Number of individuals in the household that will attend or are enrolled in college;</text> </paragraph> <paragraph num="(d)"> <text>Enrollment status (undergraduate or graduate);</text> </paragraph> <paragraph num="(e)"> <text>Housing status;</text> </paragraph> <paragraph num="(f)"> <text>Dependency status;</text> </paragraph> <paragraph num="(g)"> <text>Expected Family Contribution; and</text> </paragraph> <paragraph num="(h)"> <text>Transaction number of Institutional Student Information Report used.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Institutions shall provide updated and verified data to OSFA by the date established by OSFA annually.</text> </paragraph> <paragraph num="(5)"> <text>Information verified by the institutions shall be used to update OSFA records.</text> </paragraph> <paragraph num="(6)"> <text>Awards for students with corrections and errors shall be recalculated and adjusted or canceled as specified in this chapter.</text> </paragraph> <paragraph num="(7)"> <text>A public institution of higher education in the State or a private nonprofit institution of higher education that is eligible for State aid under Education Article, §17-103, Annotated Code of Maryland, may, in accordance with §§B(8)—(18) of this regulation, verify the eligibility of a GA Grant applicant who:</text> <paragraph num="(a)"> <text>Filed a FAFSA; and</text> </paragraph> <paragraph num="(b)"> <text>Is an admitted student at or has applied for admission to the institution for the next academic year.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>An institution that may verify the eligibility of a GA grant applicant under §B(7) of this regulation shall elect to do so by notifying OSFA each year by the deadline established by OSFA.</text> </paragraph> <paragraph num="(9)"> <text>Portability of Institutional Verification.</text> <paragraph num="(a)"> <text>An applicant who has been verified by an institution that elects to verify GA Grant eligibility is not obligated to attend the institution performing the verification.</text> </paragraph> <paragraph num="(b)"> <text>A verification obtained by an applicant under this regulation may be used at any institution at which a GA Grant may be used under Education Article, §18-305, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(c)"> <text>The amount of the GA Grant awarded to an applicant may be adjusted in accordance with the cost of attendance at the institution at which the applicant uses the award.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>An institution that elects to verify GA Grant eligibility shall:</text> <paragraph num="(a)"> <text>Verify that an applicant qualifies for a GA grant under this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Evaluate the applicant’s income eligibility criteria, as established by the Office, using the V1 standard Title IV financial aid verification process;</text> </paragraph> <paragraph num="(c)"> <text>For all applicants verified, regardless of their enrollment status at the institution, maintain all verification records for a period of 5 years after the end date of the award year associated with the applicant’s last award;</text> </paragraph> <paragraph num="(d)"> <text>As part of and in accordance with the regulations for the institution’s annual EEA Program audit submitted under COMAR 13B.08.19, provide the Commission with an audit of the institution’s verification process, to assess:</text> <paragraph num="(i)"> <text>Accuracy of award eligibility determination performed by the institution;</text> </paragraph> <paragraph num="(ii)"> <text>Compliance with the requirements of the V1 standard Title IV financial aid verification process;</text> </paragraph> <paragraph num="(iii)"> <text>Accuracy of reporting by the institution to the Office in the Institutional Student Information Record; and</text> </paragraph> <paragraph num="(iv)"> <text>Compliance with §§B(7)—(18) of this regulation; and</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Meet any other requirements established by the Office.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Annually between October 1 and March 1 prior to the award year, OSFA will provide a list to participating institutions that identifies applicants who must submit supplemental documentation in the following categories:</text> <paragraph num="(a)"> <text>Initial applicants who must verify that their high school GPA or GED scores meet the threshold in Regulation .03 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Initial applicants who must verify that their high school GPA or GED scores meet the threshold in Regulation .03 of this chapter and who have been selected for verification of income eligibility; and</text> </paragraph> <paragraph num="(c)"> <text>Renewal applicants who have been selected for verification of income eligibility.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>An institution shall verify, as applicable:</text> <paragraph num="(a)"> <text>For all applicants, FAFSA completion date;</text> </paragraph> <paragraph num="(b)"> <text>For applicants who have obtained their GED, GED scores;</text> </paragraph> <paragraph num="(c)"> <text>For applicants in high school:</text> <paragraph num="(i)"> <text>That the applicant is in their senior year; and</text> </paragraph> <paragraph num="(ii)"> <text>The applicant’s unweighted cumulative high school GPA at the end of their first semester of senior year; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For applicants selected for income verification:</text> <paragraph num="(i)"> <text>Number of people in applicant’s household; and</text> </paragraph> <paragraph num="(ii)"> <text>All criteria required by the federal VI standard financial aid verification.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>A participating institution shall establish a communication process to notify, in writing, applicants who are required to submit supplemental information or documentation for verification.</text> </paragraph> <paragraph num="(14)"> <text>An institution may use their own institutional forms to collect supplemental information or documentation required for verification.</text> </paragraph> <paragraph num="(15)"> <text>After verification and as applicable, an institution shall report to OSFA, by the deadline established by OSFA:</text> <paragraph num="(a)"> <text>An applicant’s unweighted GPA or GED scores; and</text> </paragraph> <paragraph num="(b)"> <text>The Institutional Student Information Record the institution used to complete an applicant’s federal V1 verification.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>An institution’s failure to timely report an applicant’s information as required under §B(15) of this regulation may cause the applicant to become ineligible for the GA Grant.</text> </paragraph> <paragraph num="(17)"> <text>In the event that an applicant is verified by more than one institution, the information most recently reported under §B(15) of this regulation, at the time awards are made, shall be used by OSFA to select applicants.</text> </paragraph> <paragraph num="(18)"> <text>In the event that an applicant is verified by both an institution and OSFA, the information obtained by OSFA shall be used by OSFA to select applicants.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Late Awards."> <paragraph num="A."> <text>OSFA shall consider students for late GA and EA Grants if funds become available after initial awards have been made.</text> </paragraph> <paragraph num="B."> <text>Notwithstanding any other provision of this chapter, consideration for a late award shall be given in the following descending order to students who:</text> <paragraph num="(1)"> <text>Were previously awarded and have requested reinstatement of a canceled award;</text> </paragraph> <paragraph num="(2)"> <text>Applied on time and filed an appeal based on changes in financial circumstances;</text> </paragraph> <paragraph num="(3)"> <text>Applied on time and were eligible for an award but were not funded;</text> </paragraph> <paragraph num="(4)"> <text>Were late in applying, appealed for consideration, and were placed on the waiting list; and</text> </paragraph> <paragraph num="(5)"> <text>Applied after the deadline.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Selection of Recipients.</text> <paragraph num="(1)"> <text>If funds are available to make late awards, OSFA shall fund GA and EA Grant applicants as specified in §B of this regulation, and shall notify recipients and institutions.</text> </paragraph> <paragraph num="(2)"> <text>If funds become available after commencement of the fall semester and are sufficient to issue late awards, OSFA shall require the institution to verify the eligibility of applicants before making awards.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Appeals of Eligibility Decisions."> <paragraph num="A."> <text>An EA or GA Grant applicant or recipient may appeal an award eligibility decision, and OSFA may grant or deny an appeal of eligibility, pursuant to this regulation.</text> </paragraph> <paragraph num="B."> <text>Appeals of Full-time Status.</text> <paragraph num="(1)"> <text>The applicant or recipient may appeal a determination that the applicant or recipient is not enrolled full-time.</text> </paragraph> <paragraph num="(2)"> <text>To be considered full-time, the actual time spent in the classroom, lab, supervised activity, or clinic shall equal at least 180 clock hours in a regular semester.</text> </paragraph> <paragraph num="(3)"> <text>An applicant or recipient enrolled for at least 6 credit hours, but fewer than 12 credit hours, may appeal on the basis that the individual is participating in a specific course or activity (such as an internship or a practicum) that is required by the institution to complete the academic program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appeals to Receive Fifth or Third Year Awards. A student may appeal to hold an award for an additional year on the basis that:</text> <paragraph num="(1)"> <text>In the case of baccalaureate programs, the institution confirms that the student is enrolled in an academic program that requires 5 years to complete; or</text> </paragraph> <paragraph num="(2)"> <text>The student provides to OSFA evidence of extenuating financial, academic, or other circumstances that prevent the student from completing the academic program in 4 years for a baccalaureate program, or 2 years for an associate degree program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Appeals Based Upon Special Financial Circumstances. Subject to the availability of funds, OSFA shall make adjustments, as follows, based upon adequate documentation, that the student has experienced special financial circumstances that directly reduce the family contribution:</text> <paragraph num="(1)"> <text>If the student's parent or spouse dies on or after January 1 of the of the corresponding award year, OSFA shall adjust the FAFSA income information to exclude the income of the parent(s) or spouse affected;</text> </paragraph> <paragraph num="(2)"> <text>If the student or the student's parents divorce or separate on or after January 1 of the corresponding award year, OSFA shall adjust the FAFSA income information to exclude the income of the parent or spouse affected;</text> </paragraph> <paragraph num="(3)"> <text>If the student, student's parent, if dependent, or student's spouse, if the student is married and independent, becomes completely or involuntarily unemployed for at least 10 consecutive weeks in the prior or current year, OSFA shall calculate the student's family contribution and total family income using an estimated income for the current calendar year; and</text> </paragraph> <paragraph num="(4)"> <text>If the student or the student's parent loses, as a result of the student reaching the age of majority, benefits from Social Security, TANF, or child support, OSFA shall calculate the student's family contribution and total family income using an estimated income for the current calendar year.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Appeals of GA Grant Eligibility. A GA applicant or recipient may appeal an eligibility determination, in addition to the other grounds set forth in this regulation, on the grounds that the applicant or recipient:</text> <paragraph num="(1)"> <text>Did not complete high school or did not attain an unweighted grade point average of at least 2.5 on a 4.0 scale or its equivalent at the end of the first semester of the senior year in high school due to evidence of extenuating circumstances satisfactory to the Office;</text> </paragraph> <paragraph num="(2)"> <text>Did not begin college within 1 year of high school graduation or GED attainment due to extenuating circumstances, if demonstrated by evidence satisfactory to the Office;</text> </paragraph> <paragraph num="(3)"> <text>Is a renewal student who no longer is eligible for the GA Grant program because the applicant’s annual family income rises above the 150 percent poverty level; or</text> </paragraph> <paragraph num="(4)"> <text>Did not complete the FAFSA or MSFAA by the March 1 deadline due to extenuating circumstances, if demonstrated by evidence satisfactory to the Office.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Appeals of Credit Completion Requirement. A student who has received an EEA grant for at least 2 academic years and fails to complete at least 24 credits in the prior academic year may appeal an eligibility decision on the basis that:</text> <paragraph num="(1)"> <text>The student completed at least 18 credit hours in the prior academic year and participated in a specific course or activity, such as an internship, practicum, or study abroad program, that is required by the institution to complete the student’s academic program and that, when combined with the 18 credit hours, is the equivalent of 24 credit hours in OSFA’s determination; or</text> </paragraph> <paragraph num="(2)"> <text>The student is an individual with disabilities who completed fewer than 24 credit hours due to a disability.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Appeal Procedures.</text> <paragraph num="(1)"> <text>An individual shall file an appeal under this regulation by submitting to OSFA a completed appeal form prescribed by OSFA.</text> </paragraph> <paragraph num="(2)"> <text>In addition to the appeal form, the individual shall submit to OSFA the following documentation:</text> <paragraph num="(a)"> <text>If the appeal is of an ineligibility decision due to the student’s lack of full-time status, documentation from the student’s department chair describing:</text> <paragraph num="(i)"> <text>The program requirements for that semester;</text> </paragraph> <paragraph num="(ii)"> <text>The catalog summary of the program and classes; and</text> </paragraph> <paragraph num="(iii)"> <text>The number of clock hours required for the student’s activity;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the appeal is based upon requiring a fifth year to complete a baccalaureate program, or a third year to complete an associate degree program, documentation, as applicable, consisting of a death certificate, or statement from an attending physician, psychologist, mental health professional, guidance counselor, social worker, or the Dean of Students or other officer at the student's institution confirming the:</text> <paragraph num="(i)"> <text>Serious illness or injury of the student;</text> </paragraph> <paragraph num="(ii)"> <text>Serious illness of a member of the student's immediate family;</text> </paragraph> <paragraph num="(iii)"> <text>Serious emotional difficulties of the student;</text> </paragraph> <paragraph num="(iv)"> <text>Death of a member of the student's immediate family;</text> </paragraph> <paragraph num="(v)"> <text>Existence of other serious personal circumstances; or</text> </paragraph> <paragraph num="(vi)"> <text>The institution’s confirmation that the student’s baccalaureate program requires a fifth year to complete;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If the appeal is based upon special financial circumstances, copies, as applicable, of a death certificate, separation agreement or divorce decree, notice of job termination or layoff, federal tax returns and W-2 forms, termination notices, or unemployment benefits from relevant agencies;</text> </paragraph> <paragraph num="(d)"> <text>If the appeal is based upon the student not meeting the required GPA in his or her senior year of high school:</text> <paragraph num="(i)"> <text>A letter from the student explaining the extenuating circumstances that caused the student not to obtain the required GPA;</text> </paragraph> <paragraph num="(ii)"> <text>An unofficial transcript to verify the student’s GPA;</text> </paragraph> <paragraph num="(iii)"> <text>Supporting documentation describing the circumstances that prohibited the student from obtaining the required GPA; and</text> </paragraph> <paragraph num="(iv)"> <text>A letter of recommendation from the student’s high school principal;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>If the appeal is from an applicant who was deemed ineligible for not beginning college within 1 year of high school graduation or GED attainment:</text> <paragraph num="(i)"> <text>A letter from the student explaining the extenuating circumstances that caused the student to not begin college within 1 year of high school graduation or GED attainment; and</text> </paragraph> <paragraph num="(ii)"> <text>A letter of reference from an employer, teacher, or organization that the applicant is affiliated with describing the applicant’s commitment to attending college and earning a degree;</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>If the appeal is from a student who was found to be no longer eligible for the GA program because the student’s annual family income rises above 150 percent of the poverty level, supporting documentation identifying the change in income level that resulted in the family income exceeding the 150 percent poverty threshold and extenuating circumstances demonstrating why the income should be omitted from the award calculation;</text> </paragraph> <paragraph num="(g)"> <text>If the appeal is from a student who did not file the FAFSA or MSFAA by March 1 due to extenuating circumstances, a letter from the student explaining the extenuating circumstances that caused the student to miss the deadline;</text> </paragraph> <paragraph num="(h)"> <text>If the appeal is of a determination that the student failed to complete 24 credit hours in the prior academic year:</text> <paragraph num="(i)"> <text>A letter from the student’s department chair that describes and confirms the program requirements for the applicable semester and describes the number of clock hours required for each activity, along with a catalog description of the program and classes involved; or</text> </paragraph> <paragraph num="(ii)"> <text>Documentation from the student’s medical doctor that confirms that the student is an individual with disabilities, and that the student completed fewer than 24 credits due to disability; and</text> </paragraph> </paragraph> <paragraph num="(i)"> <text>If the individual appeals a determination that an individual failed to complete high school:</text> <paragraph num="(i)"> <text>A letter to OSFA documenting the extenuating circumstance that prevented the student from graduating high school;</text> </paragraph> <paragraph num="(ii)"> <text>A copy of the student’s high school transcript;</text> </paragraph> <paragraph num="(iii)"> <text>If applicable, a copy of the student’s GED; and</text> </paragraph> <paragraph num="(iv)"> <text>A letter of recommendation from the recipient’s high school principal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Adjustment of Awards. Subject to the availability of funds, the following adjustment of awards shall be made for appeals that are granted:</text> <paragraph num="(a)"> <text>If an appeal is granted prior to awards being made for the upcoming year, the student's amount of an award shall be based upon the information provided in connection with the appeal;</text> </paragraph> <paragraph num="(b)"> <text>If the student has not been awarded an award and submits the appeal after awards has been made for the upcoming year and the appeal is granted, the student shall be placed on the waiting list for an award;</text> </paragraph> <paragraph num="(c)"> <text>If the student already has been awarded an award and submits an appeal and the appeal is granted, the student shall be placed on a waiting list for any additional funds for which the student may be eligible; and</text> </paragraph> <paragraph num="(d)"> <text>If a student’s appeal based upon 12-credit-hour equivalency is granted, the student shall receive 75 percent of the original award if enrolled in 9 to 11 credits, and 50 percent of the original award if enrolled for 6 to 9 credits.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Upon receipt of a completed appeal, the documentation shall be reviewed and a decision rendered by OSFA within 45 days, and the student shall be notified in writing of the outcome.</text> </paragraph> </paragraph> <paragraph num="H."> <text>OSFA’s grant or denial of an appeal under this regulation is final and not subject to further administrative or judicial review.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Documentation Required for a Dependency Override."> <paragraph num="A."> <text>An institution that overrides a dependency determination for an EA applicant shall submit to OSFA for final award determination:</text> <paragraph num="(1)"> <text>Updated Institutional Student Information Record data for the student; and</text> </paragraph> <paragraph num="(2)"> <text>A Certification of Independent Status Form for the student.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An institution that overrides a dependency determination for a GA applicant who is selected for verification by OSFA shall submit to OSFA for final award determination:</text> <paragraph num="(1)"> <text>A Certification of Independent Status Form for the student; and</text> </paragraph> <paragraph num="(2)"> <text>All supporting documentation used by the institution to complete the override for the student.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Delegate Howard P. Rawlings Campus-Based Awards."> <paragraph num="A."> <text>The Commission shall allocate funds to institutions of higher education to make awards to students who applied for Educational Excellence Awards after the March 1 deadline or who have other extenuating circumstances.</text> </paragraph> <paragraph num="B."> <text>Funds shall be awarded to institutions based upon the proportion of full-time Pell Grant eligible Maryland residents enrolled at the institution.</text> </paragraph> <paragraph num="C."> <text>Funds shall be awarded by institutions to students who meet the eligibility criteria for EA Grant awards in Regulation .03A of this chapter but who did not apply by the March 1 deadline or who have other extenuating circumstances. These students may be eligible for a Pell Grant.</text> </paragraph> <paragraph num="D."> <text>Awards shall be made in the amounts and the manner described in this chapter, including the same minimum amount ($400), maximum amount (established annually), required percent of need (established annually), and requirement of rounding awards to the nearest $100 increment.</text> </paragraph> <paragraph num="E."> <text>The amount of a Campus Based Educational Assistance Grant shall be determined in accordance with this chapter, including but not limited to Regulation .04 of this chapter.</text> </paragraph> <paragraph num="F."> <text>An institution may not award a Delegate Howard P. Rawlings Campus-Based Educational Assistance Grant to a recipient of a Guaranteed Access or Educational Assistance Grant awarded by OSFA.</text> </paragraph> <paragraph num="G."> <text>Each institution of higher education that participates in the Campus-based Educational Assistance Grant program shall submit to OSFA:</text> <paragraph num="(1)"> <text>By October 15, a report of all initial awards for the academic year that includes for each award the:</text> <paragraph num="(a)"> <text>Student’s name;</text> </paragraph> <paragraph num="(b)"> <text>Student’s Social Security number, if required by the office;</text> </paragraph> <paragraph num="(c)"> <text>Institutional cost of attendance;</text> </paragraph> <paragraph num="(d)"> <text>Expected Family Contribution;</text> </paragraph> <paragraph num="(e)"> <text>Amount of Pell Grant disbursed;</text> </paragraph> <paragraph num="(f)"> <text>Amount of Campus-based EA Grant awarded;</text> </paragraph> <paragraph num="(g)"> <text>Pell I.D. and transaction number from the Institutional Student Information Report used for awarding; and</text> </paragraph> <paragraph num="(h)"> <text>Number of credits the student successfully completed for students enrolled in their second academic year and thereafter;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>By January 15, a report of subsequent awards for the academic year that includes for each award the:</text> <paragraph num="(a)"> <text>Student’s name;</text> </paragraph> <paragraph num="(b)"> <text>Student’s Social Security number, if applicable;</text> </paragraph> <paragraph num="(c)"> <text>Institutional cost of attendance;</text> </paragraph> <paragraph num="(d)"> <text>Expected Family Contribution;</text> </paragraph> <paragraph num="(e)"> <text>Amount of Pell Grant disbursed;</text> </paragraph> <paragraph num="(f)"> <text>Amount of Campus-based EA grant awarded; and</text> </paragraph> <paragraph num="(g)"> <text>Number of credits the student successfully completed for students enrolled in their second academic year and thereafter; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>By June 15, a final end-of-year report that provides:</text> <paragraph num="(a)"> <text>A final cumulative list of recipients that includes for each award the:</text> <paragraph num="(i)"> <text>Student’s name;</text> </paragraph> <paragraph num="(ii)"> <text>Student’s Social Security number, if applicable; and</text> </paragraph> <paragraph num="(iii)"> <text>Award amount;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The total number of students receiving an award;</text> </paragraph> <paragraph num="(c)"> <text>The total number of students eligible for an award;</text> </paragraph> <paragraph num="(d)"> <text>The total number of credits successfully completed for student enrolled in their second academic year and thereafter; and</text> </paragraph> <paragraph num="(e)"> <text>The following demographic information provided in the aggregate:</text> <paragraph num="(i)"> <text>The distribution of awards by class year;</text> </paragraph> <paragraph num="(ii)"> <text>The distribution of awards by income;</text> </paragraph> <paragraph num="(iii)"> <text>The distribution of awards by age;</text> </paragraph> <paragraph num="(iv)"> <text>The distribution of awards by gender;</text> </paragraph> <paragraph num="(v)"> <text>The distribution of awards by independent vs. dependent status; and</text> </paragraph> <paragraph num="(vi)"> <text>The number of recipients registering for the following year or transferring to a 4-year institution.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-301 et seq., Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 25, 2019 (46:6 Md. R. 346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective July 25, 2022 (49:15 Md. R. 738)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G adopted effective July 25, 2022 (49:15 Md. R. 738)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B, C amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A, B amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A, C amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15E, G amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> </annotations> </chapter> <chapter num="11" heading="Richard W. Collins III Leadership with Honor Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Program Established."> <paragraph num="A."> <text>There is a Richard W. Collins III Leadership with Honor Scholarship Program, which is administered by the Office pursuant to Education Article, §18-605, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A purpose of the program is to further the State’s compelling interests in educating diverse student bodies and in achieving diversity in ROTC programs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Director” means the Executive Director of the Office.</text> </paragraph> <paragraph num="(3)"> <text>“Education expenses” means:</text> <paragraph num="(a)"> <text>Tuition;</text> </paragraph> <paragraph num="(b)"> <text>Mandatory fees; and</text> </paragraph> <paragraph num="(c)"> <text>Costs of room and board.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Eligible institution” means Bowie State University, Coppin State University, Morgan State University, or University of Maryland Eastern Shore.</text> </paragraph> <paragraph num="(5)"> <text>“Full-time” means enrollment at an eligible institution in:</text> <paragraph num="(a)"> <text>At least 12 credits per semester in a certificate or undergraduate degree program; or</text> </paragraph> <paragraph num="(b)"> <text>At least 9 credits per semester in a graduate certificate, graduate degree, or doctoral degree program.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Minority student or a student who is a member of another group historically underrepresented in Reserve Officer Training Corps (ROTC) programs”:</text> <paragraph num="(a)"> <text>Means a student designated by the institution, based upon the institution’s holistic review of the applicant, as a student who contributes to diversity within ROTC programs; and</text> </paragraph> <paragraph num="(b)"> <text>May include a student of any race, ethnicity, disability, national origin, religion, gender, sexual orientation, gender identity or expression, or geographic representation.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Office” means the Office of Student Financial Assistance within the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(8)"> <text>“Part-time” means enrollment at an eligible institution in:</text> <paragraph num="(a)"> <text>At least 6 credits but fewer than 12 credits per semester in a certificate or undergraduate degree program; or</text> </paragraph> <paragraph num="(b)"> <text>At least 6 credits but fewer than 9 credits per semester in a graduate certificate, graduate degree, or doctoral degree program.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(10)"> <text>“Scholarship” means a Richard W. Collins III Scholarship under this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Eligibility."> <paragraph num="A."> <text>Subject to the State budget, the Office annually shall determine a student’s eligibility to receive a scholarship.</text> </paragraph> <paragraph num="B."> <text>An applicant is eligible for a scholarship if the applicant:</text> <paragraph num="(1)"> <text>Is enrolled full-time or part-time at an eligible institution;</text> </paragraph> <paragraph num="(2)"> <text>Is a member of a ROTC program;</text> </paragraph> <paragraph num="(3)"> <text>Has been identified by the institution as a minority student or a student who is a member of another group historically underrepresented in Reserve Officer Training Corp (ROTC) programs;</text> </paragraph> <paragraph num="(4)"> <text>Has been determined to be eligible for in-State tuition by the institution; and</text> </paragraph> <paragraph num="(5)"> <text>Timely files an application and any required supporting documentation with the Office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Process."> <paragraph num="A."> <text>A student shall apply annually to the Office to be eligible for a scholarship.</text> </paragraph> <paragraph num="B."> <text>Form of Application.</text> <paragraph num="(1)"> <text>An applicant shall apply and submit a Free Application for Federal Student Aid (FAFSA) by June 15.</text> </paragraph> <paragraph num="(2)"> <text>If the applicant is ineligible to submit a FAFSA, but qualifies for in-State tuition under Education Article, Title 15, Annotated Code of Maryland, the applicant shall submit a Maryland State Financial Aid Application (MSFAA) in lieu of the FAFSA.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A student shall submit documentation to the Office confirming that the student is a member of a ROTC program.</text> </paragraph> <paragraph num="D."> <text>A student shall submit to the Office an institutional certification form, completed by the applicant’s institution, by a deadline established by the Office, confirming that the applicant is a minority student or a student who is a member of another group historically underrepresented in ROTC programs.</text> </paragraph> <paragraph num="E."> <text>An application and FAFSA or MSFAA received by the Office after June 15 may not be considered for an award.</text> </paragraph> <paragraph num="F."> <text>If the Office requests additional information from the applicant in order to determine the applicant’s eligibility:</text> <paragraph num="(1)"> <text>The Office shall notify the applicant of the deadline to submit such information;</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall submit the information by the deadline established by the Office; and</text> </paragraph> <paragraph num="(3)"> <text>Information received by the Office after the deadline may not be considered.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Scholarship Renewal."> <paragraph num="A."> <text>Subject to Regulation .06 of this chapter, an applicant shall be eligible to renew a scholarship for a subsequent year if the applicant:</text> <paragraph num="(1)"> <text>Timely submits an application under Regulation .04 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Continues to meet the requirements of Regulation .03 of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Continues to maintain satisfactory academic progress standards as defined by the institution.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient may receive a scholarship for a maximum of 4 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Amount of Scholarship."> <paragraph num="A."> <text>An annual scholarship award shall be in the amount prescribed by the Director, which may not exceed the recipient’s education expenses.</text> </paragraph> <paragraph num="B."> <text>The minimum scholarship award amount may not be less than $500 per semester and $1,000 for the academic year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Selection of Recipients."> <paragraph num="A."> <text>Priority of Scholarship Awards. The Office shall:</text> <paragraph num="(1)"> <text>Give priority to awarding scholarships to applicants with the greatest financial need;</text> </paragraph> <paragraph num="(2)"> <text>Award at least 25 percent of its total annual scholarship budget to students at Bowie State University; and</text> </paragraph> <paragraph num="(3)"> <text>Award the remaining amount of its total annual scholarship budget to students at other eligible institutions.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant’s financial need shall be based upon the Expected Family Contribution (EFC) as reported on the FAFSA or MSFAA.</text> </paragraph> <paragraph num="C."> <text>An applicant’s ranking shall be based on greatest financial need starting with the lowest EFC.</text> </paragraph> <paragraph num="D."> <text>Priority for scholarships in the subsequent years shall be given to prior year recipients who remain eligible under this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Award Notification and Acceptance."> <paragraph num="A."> <text>Recipients shall be notified by the Office through the Maryland College Aid Processing System (MDCAPS) of the awards.</text> </paragraph> <paragraph num="B."> <text>A recipient shall log on to MDCAPS in order to accept an award, except that, in extenuating circumstances as determined by the Director, a student may accept an award by providing written acceptance to the Office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Payment of Awards."> <paragraph num="A."> <text>The Office shall make an award payment to the institution for each semester that the eligible recipient is granted the award.</text> </paragraph> <paragraph num="B."> <text>The institution shall certify to the Office, and request payment for all recipients, on a semester basis, on or before:</text> <paragraph num="(1)"> <text>December 15, for the fall semester; and</text> </paragraph> <paragraph num="(2)"> <text>May 15, for the spring semester.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An institution that fails to certify and request payment for all recipients on a semester basis under §B of this regulation may not certify recipients for the subsequent semester.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-605(e), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 18, 2019 (46:23 Md. R. 1066)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 29, 2020 (47:13 Md. R. 642); April 19, 2021 (48:8 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 19, 2021 (48:8 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 18, 2021 (48:21 Md. R. 890)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B, E amended effective April 19, 2021 (48:8 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective October 18, 2021 (48:21 Md. R. 890)</annotation> </annotations> </chapter> <chapter num="12" heading="Veterans of the Afghanistan and Iraq Conflicts Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Program Established."> <paragraph num="A."> <text>There is a Veterans of the Afghanistan and Iraq Conflicts Scholarship Program, which is administered by the Office pursuant to Education Article, §18-604, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Program may be referred to as the Senator Douglas J.J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship Program.</text> </paragraph> <paragraph num="C."> <text>The purpose of the program is to provide financial assistance to attend a Maryland institution of higher education for United States armed forces personnel who served in the Afghanistan or Iraq Conflicts and their families.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Director” means the Director of the Office.</text> </paragraph> <paragraph num="(3)"> <text>“Educational expenses” means:</text> <paragraph num="(a)"> <text>Tuition and mandatory fees; and</text> </paragraph> <paragraph num="(b)"> <text>Costs of room and board.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Eligible institution” means:</text> <paragraph num="(a)"> <text>A community college in the State;</text> </paragraph> <paragraph num="(b)"> <text>A public senior higher education institution in the State; or</text> </paragraph> <paragraph num="(c)"> <text>A private nonprofit institution of higher education in the State that:</text> <paragraph num="(i)"> <text>Is approved to operate by the Commission under Education Article, §11-202, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(ii)"> <text>May operate without a Certificate of Approval from the Commission under Education Article, §11-202.1(a), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Extenuating Circumstances.</text> <paragraph num="(a)"> <text>“Extenuating circumstances” means the occurrence of an extraordinary event or condition that prevents a recipient from fulfilling a scholarship requirement.</text> </paragraph> <paragraph num="(b)"> <text>“Extenuating circumstances” may include, but is not limited to:</text> <paragraph num="(i)"> <text>Disability or serious illness or injury of the student;</text> </paragraph> <paragraph num="(ii)"> <text>Pregnancy or adoption of a child;</text> </paragraph> <paragraph num="(iii)"> <text>Fulfillment of military service;</text> </paragraph> <paragraph num="(iv)"> <text>Extreme financial hardship of the student or the student’s immediate family; or</text> </paragraph> <paragraph num="(v)"> <text>Serious illness or injury or death of an immediate family member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Family member” means son, daughter, stepson, stepdaughter, or spouse.</text> </paragraph> <paragraph num="(7)"> <text>“Full-time” means enrollment at an eligible institution in at least 12 credits per semester in an undergraduate program.</text> </paragraph> <paragraph num="(8)"> <text>“Office” means the Office of Student Financial Assistance within the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(9)"> <text>“Part-time” means enrollment at an eligible institution in at least 6, but fewer than 12, credits per semester in an undergraduate degree program.</text> </paragraph> <paragraph num="(10)"> <text>“Scholarship” means a Senator Douglas J.J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship under this chapter.</text> </paragraph> <paragraph num="(11)"> <text>“Veteran” has the meaning stated in State Government Article, §9-901, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Use and Amount of Award."> <paragraph num="A."> <text>A scholarship may be used for educational expenses at any eligible institution.</text> </paragraph> <paragraph num="B."> <text>The annual award may not exceed the amount of 50 percent of the equivalent annual tuition and mandatory fees and room and board of a resident undergraduate at a 4-year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and the University of Maryland, Baltimore, with the highest annual expenses for a full-time resident undergraduate.</text> </paragraph> <paragraph num="C."> <text>If a recipient of a scholarship receives federal education benefits for which the recipient qualifies as a result of the individual’s military service, status as a dependent of a member of the armed forces, or status as a veteran of the armed forces, the amount of the federal education benefits received for the purposes of educational expenses shall be credited against the recipient’s educational expenses before the calculation of the scholarship award amount.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Initial Awards—Eligibility."> <paragraph num="A."> <text>Subject to the State budget, the Office annually shall determine individuals’ initial eligibility to receive a scholarship.</text> </paragraph> <paragraph num="B."> <text>An applicant is eligible for a scholarship if the applicant is:</text> <paragraph num="(1)"> <text>A resident of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Accepted for admission or enrolled in an eligible institution in:</text> <paragraph num="(a)"> <text>An undergraduate degree program; or</text> </paragraph> <paragraph num="(b)"> <text>A 2-year lower division certificate program in which the coursework is acceptable for transfer credit toward a bachelor’s degree program at an eligible institution; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>One of the following:</text> <paragraph num="(a)"> <text>A veteran or active duty member of the United States armed forces who served in:</text> <paragraph num="(i)"> <text>Afghanistan or contiguous air space, as defined in federal military regulations, on or after October 24, 2001, and before a terminal date prescribed by the United States Secretary of Defense; or</text> </paragraph> <paragraph num="(ii)"> <text>Iraq or contiguous waters or air space, as defined in federal military regulations, on or after March 19, 2003, and before a terminal date prescribed by the United States Secretary of Defense;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A member of a reserve component of the United States armed forces or the Maryland National Guard who was activated as a result of the United States military conflict in:</text> <paragraph num="(i)"> <text>Afghanistan or contiguous air space, as defined in federal military regulations, on or after October 24, 2001, and before a terminal date prescribed by the United States Secretary of Defense; or</text> </paragraph> <paragraph num="(ii)"> <text>Iraq or contiguous waters or air space, as defined in federal military regulations, on or after March 19, 2003, and before a terminal date prescribed by the United States Secretary of Defense; or</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The son, daughter, stepson, stepdaughter, or spouse of an individual described in §B(3)(a) or (b) of this regulation..</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Initial Awards—Application Process."> <paragraph num="A."> <text>To be considered for an initial scholarship award, an individual shall submit to the Office, no later than March 1:</text> <paragraph num="(1)"> <text>A complete Senator Douglas J.J. Peters Veterans of the Afghanistan and Iraq Conflicts Scholarship application form;</text> </paragraph> <paragraph num="(2)"> <text>All applicable documentation of military service and family relationship described in §§B and C of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>Any other documents requested by the Office.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Documentation of Military Service in Afghanistan or Iraq Conflicts.</text> <paragraph num="(1)"> <text>An active duty member of the United States armed forces or a family member of an active duty member of the United States armed forces shall submit a copy of the member’s official military orders.</text> </paragraph> <paragraph num="(2)"> <text>A veteran of the United States armed forces, a family member of a veteran of the United States armed forces, a member of a reserve component of the United States armed services or the Maryland National Guard, or a family member of a member of a reserve component of the United States armed services or the Maryland National Guard shall submit a copy of the veteran’s or member’s Certificate of Release or Discharge from Active Duty.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Documentation of Family Relationship.</text> <paragraph num="(1)"> <text>The son or daughter or an individual described in Regulation .04B(3)(a) or (b) of this chapter shall submit a copy of their birth certificate or proof of adoption.</text> </paragraph> <paragraph num="(2)"> <text>The spouse of an individual described in Regulation .04B(3)(a) or (b) of this chapter shall submit a copy of their marriage certificate.</text> </paragraph> <paragraph num="(3)"> <text>The stepson or stepdaughter of an individual described in Regulation .04B(3)(a) or (b) of this chapter shall submit:</text> <paragraph num="(a)"> <text>A copy of the marriage certificate of their parent and stepparent; and</text> </paragraph> <paragraph num="(b)"> <text>A copy of their birth certificate or proof of adoption.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>An application form or any required documentation under §§B and C of this regulation that is received after March 1 may not be considered in the determination of award eligibility.</text> </paragraph> <paragraph num="E."> <text>Additional Information or Documentation.</text> <paragraph num="(1)"> <text>The Office may request additional information or documentation, or a signed authorization for the release of information or documentation from a third party, before determining eligibility for the award.</text> </paragraph> <paragraph num="(2)"> <text>Any requested information, documentation, or signed authorization submitted after any deadline established by the Office will not be considered in the determination of award eligibility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Renewal Awards."> <paragraph num="A."> <text>An initial scholarship award under this chapter may be renewed annually for a maximum of:</text> <paragraph num="(1)"> <text>Four renewal awards, if the student is enrolled full-time; or</text> </paragraph> <paragraph num="(2)"> <text>Eight renewal awards, if the student is enrolled part-time.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A student shall be eligible for a renewal award if the student:</text> <paragraph num="(1)"> <text>Continues to meet the requirements in Regulation .04B(1) and (2) of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Except as set forth in §C of this regulation, has achieved and maintained a cumulative grade point average (GPA) of at least 2.5 on a 4.0 scale.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Waiver of GPA Requirement Based on Extenuating Circumstances.</text> <paragraph num="(1)"> <text>A student who has not achieved or maintained the required cumulative GPA shall be eligible to receive a renewal award if the student provides the Office with documentation of extenuating circumstances and the Office determines that the documentation provides sufficient evidence of the extenuating circumstances.</text> </paragraph> <paragraph num="(2)"> <text>No later than 30 days after receiving notice of ineligibility for a renewal award, a student requesting a waiver of the GPA requirement shall submit to the Office:</text> <paragraph num="(a)"> <text>A letter explaining the extenuating circumstances and why they prevented the student from achieving the required GPA;</text> </paragraph> <paragraph num="(b)"> <text>Any documentation of the occurrence of the extenuating circumstances;</text> </paragraph> <paragraph num="(c)"> <text>Any other relevant supporting information; and</text> </paragraph> <paragraph num="(d)"> <text>Any other documents requested by the Office.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Waiver determinations made by the Office are final and not subject to additional review or appeal..</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Recipient Selection, Notification, and Acceptance."> <paragraph num="A."> <text>If the number of eligible applicants for awards exceeds the amount of funds available, eligible applicants will be selected pursuant to §§B—D of this regulation.</text> </paragraph> <paragraph num="B."> <text>Renewal Awards. Priority shall be given to applicants who are renewing an award under Regulation .06 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Veterans, Active Duty Military, and Reserve and National Guard Members.</text> <paragraph num="(1)"> <text>If funds remain after awards are made to students under §B of this regulation, priority shall be given to initial applicants who are eligible for a scholarship under Regulation .04B(3)(a) or (b) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If the number of applicants under this section exceeds the amount of funds available, applicants shall be ranked by application completion date.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Family Members.</text> <paragraph num="(1)"> <text>If funds remain after awards are made to students under §§B and C of this regulation, awards shall be made to initial applicants who are eligible for a scholarship under Regulation .04B(3)(c) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If the number of applicants under this section exceeds the amount of funds available, applicants shall be ranked by application completion date.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An eligible applicant who does not receive an award shall be notified and placed on a waiting list.</text> </paragraph> <paragraph num="F."> <text>Notification and Acceptance of Award.</text> <paragraph num="(1)"> <text>Applicants who are selected for a scholarship shall be notified of an award offer in writing, which may include electronic mail.</text> </paragraph> <paragraph num="(2)"> <text>A recipient of an award offer who wishes to accept the award shall provide written notification to the Office, in the form prescribed by the Office, by the deadline established by the Office</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Certification and Disbursement."> <paragraph num="A."> <text>Annual awards shall be disbursed in two installments, one per semester.</text> </paragraph> <paragraph num="B."> <text>Before disbursing an award, the Office may require an institution to certify, in the form and manner requested by the Office, that a recipient has met certain eligibility requirements for the award.</text> </paragraph> <paragraph num="C."> <text>In addition to any certification required under §B of this regulation, before disbursement of a renewal award, an institution shall certify, in the form and manner requested by the Office, that a recipient maintained a cumulative GPA of at least 2.5 on a 4.0 scale.</text> </paragraph> <paragraph num="D."> <text>An award will not be disbursed by the Office until all required certification is received.</text> </paragraph> <paragraph num="E."> <text>An institution shall provide certification to the Office and request payment for all recipients on a semester basis, no later than:</text> <paragraph num="(1)"> <text>December 15, for the fall semester; and</text> </paragraph> <paragraph num="(2)"> <text>May 15, for the spring semester.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An institution that fails to timely certify and request payment for all recipients under §D of this regulation may not certify recipients for the subsequent semester until all prior semester awards have been certified and disbursed.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-604, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 21, 2023 (50:16 Md. R. 727)</annotation> </annotations> </chapter> <chapter num="13" heading="Edward T. and Mary A. Conroy Memorial Scholarship Program and Jean B. Cryor Memorial Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>The purpose of the Edward T. and Mary A. Conroy Memorial Scholarship Program is to provide student financial assistance to certain individuals due to their eligible military or public safety service or due to their eligible family or marital relationship to such an individual.</text> </paragraph> <paragraph num="B."> <text>The purpose of the Jean B. Cryor Memorial Scholarship Program is to provide student financial assistance to eligible children and surviving spouses of school employees who, as a victim in an act of violence occurring in the line of duty, either died or sustained an injury that rendered the school employee 100 percent disabled.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>“Child” means a son, daughter, stepson, or stepdaughter.</text> </paragraph> <paragraph num="C."> <text>“Conroy-Cryor scholarship” means the Edward T. and Mary A. Conroy Memorial Scholarship Program and the Jean B. Cryor Memorial Scholarship Program administered under this chapter.</text> </paragraph> <paragraph num="D."> <text>“Disabled public safety employee” means a State or local public safety employee who sustains an injury in the line of duty that:</text> <paragraph num="(1)"> <text>Precludes the individual from continuing to serve or be employed as a State or local public safety employee; and</text> </paragraph> <paragraph num="(2)"> <text>In the case of a volunteer member of a fire department, ambulance, or rescue squad or company, precludes the member from continuing to be employed in the nonpublic safety occupation in which the member was engaged at the time of injury.</text> </paragraph> </paragraph> <paragraph num="E."> <text>“OSFA” means the Office of Student Financial Assistance within the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="F."> <text>“School employee” includes an employee of a public or nonpublic school in the State.</text> </paragraph> <paragraph num="G."> <text>“Service connected” means with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty in the active military.</text> </paragraph> <paragraph num="H."> <text>“State or local public safety employee” means a person who is a:</text> <paragraph num="(1)"> <text>Career or volunteer member of a fire department, ambulance, or rescue squad or company;</text> </paragraph> <paragraph num="(2)"> <text>Law enforcement officer;</text> </paragraph> <paragraph num="(3)"> <text>Correctional officer; or</text> </paragraph> <paragraph num="(4)"> <text>Member of the Maryland National Guard who was a resident of this State at the time of death.</text> </paragraph> </paragraph> <paragraph num="I."> <text>“Surviving spouse” means a person who has not remarried.</text> </paragraph> <paragraph num="J."> <text>“Victim of the September 11, 2001 terrorist attacks” means a Maryland resident who was killed as a result of the attacks on the World Trade Center in New York City, the attack on the Pentagon in Virginia, or the crash of United Airlines flight #93 in Pennsylvania on September 11, 2001.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <text>To be eligible for a Conroy-Cryor scholarship, an individual shall:</text> <paragraph num="A."> <text>Be a resident of Maryland at the time of the application or have been a resident of Maryland when an event described in §C of this regulation occurred;</text> </paragraph> <paragraph num="B."> <text>Be accepted for admission or enrolled in:</text> <paragraph num="(1)"> <text>The regular undergraduate, graduate, or professional program at a Maryland postsecondary institution;</text> </paragraph> <paragraph num="(2)"> <text>A 2-year terminal certificate program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution; or</text> </paragraph> <paragraph num="(3)"> <text>A private career school; and</text> </paragraph> </paragraph> <paragraph num="C."> <text>Qualify under at least one of the following conditions:</text> <paragraph num="(1)"> <text>Be at least 16 years old and the child of a member of the armed forces who:</text> <paragraph num="(a)"> <text>Died as a result of military service after December 7, 1941;</text> </paragraph> <paragraph num="(b)"> <text>Suffered a service connected 100 percent permanent disability after December 7, 1942; or</text> </paragraph> <paragraph num="(c)"> <text>Was declared to be a prisoner of war or missing in action, if that occurred on or after January 1, 1960, as a result of the Vietnam conflict, and if the child was born prior to or while the parent was a prisoner of war or missing in action;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Be a prisoner of war or missing in action, if that occurred on or after January 1, 1960, as a result of the Vietnam conflict, and a resident of this State at the time the person was declared to be a prisoner of war or missing in action;</text> </paragraph> <paragraph num="(3)"> <text>Be either:</text> <paragraph num="(a)"> <text>At least 16 years old and the child of any State or local public safety employee killed in the line of duty; or</text> </paragraph> <paragraph num="(b)"> <text>The surviving spouse of any State or local public safety employee killed in the line of duty;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Be either:</text> <paragraph num="(a)"> <text>A disabled public safety employee;</text> </paragraph> <paragraph num="(b)"> <text>At least 16 years old and the child of a disabled public safety employee who sustains an injury in the line of duty that renders the public safety employee 100 percent disabled; or</text> </paragraph> <paragraph num="(c)"> <text>The surviving spouse of a disabled public safety employee who sustains an injury in the line of duty that renders the public safety employee 100 percent disabled;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Be a veteran, as defined under State Government Article, §9901, Annotated Code of Maryland, who:</text> <paragraph num="(a)"> <text>Suffers a service connected disability of 25 percent or greater; and</text> </paragraph> <paragraph num="(b)"> <text>Has exhausted or is no longer eligible for federal veterans educational benefits;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Be the surviving spouse of a member of the armed forces who suffered a service connected 100 percent permanent disability;</text> </paragraph> <paragraph num="(7)"> <text>Be at least 16 years old and the child of or the surviving spouse of a victim of the September 11, 2001, terrorist attacks;</text> </paragraph> <paragraph num="(8)"> <text>Be at least 16 years old and the child of a school employee who, as a result of an act of violence:</text> <paragraph num="(a)"> <text>Died in the line of duty; or</text> </paragraph> <paragraph num="(b)"> <text>Sustained an injury in the line of duty that rendered the school employee 100 percent disabled; or</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Be the surviving spouse of a school employee who, as a result of an act of violence:</text> <paragraph num="(a)"> <text>Died in the line of duty; or</text> </paragraph> <paragraph num="(b)"> <text>Sustained an injury in the line of duty that rendered the school employee 100 percent disabled.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Award Amount."> <paragraph num="A."> <text>The annual Conroy-Cryor award may not exceed the equivalent annual tuition and mandatory fees of a resident undergraduate at a 4-year public institution of higher education within the University System of Maryland, other than the University of Maryland University College and the University of Maryland, Baltimore, with the highest annual expenses for a full-time resident undergraduate.</text> </paragraph> <paragraph num="B."> <text>An annual Conroy-Cryor award may not be less than the lesser of:</text> <paragraph num="(1)"> <text>$3,000; or</text> </paragraph> <paragraph num="(2)"> <text>The equivalent annual tuition and mandatory fees of a resident of the institution attended by the recipient.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Awards to a child or spouse of a victim of the September 11, 2001 terrorist attacks may not exceed the amount specified in §A of this regulation when combined with any other scholarship received by the student based on the student’s status as a child or spouse of a victim of the September 11, 2001 terrorist attacks.</text> </paragraph> <paragraph num="D."> <text>A Conroy-Cryor award may be used for tuition and mandatory fees at any eligible institution.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application Procedures."> <paragraph num="A."> <text>An interested individual may apply for a Conroy-Cryor scholarship by submitting an application to their institution of interest containing:</text> <paragraph num="(1)"> <text>A completed Conroy-Cryor scholarship application form;</text> </paragraph> <paragraph num="(2)"> <text>If the applicant is a son or daughter, a birth certificate showing the names of both parents;</text> </paragraph> <paragraph num="(3)"> <text>If the applicant is a stepson or stepdaughter:</text> <paragraph num="(a)"> <text>A birth certificate showing the names of both parents; and</text> </paragraph> <paragraph num="(b)"> <text>A marriage certificate showing the name of applicant’s parent and spouse;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the applicant is a spouse, a marriage certificate; and</text> </paragraph> <paragraph num="(5)"> <text>Official verification from:</text> <paragraph num="(a)"> <text>If the applicant’s parent or spouse was killed, or suffered a service connected 100 percent permanent disability as a result of military service or is a prisoner of war or missing in action, the United States Veterans Administration;</text> </paragraph> <paragraph num="(b)"> <text>If the applicant is a veteran who suffers a service connected disability of 25 percent or greater, and who has exhausted or is no longer eligible for federal veteran’s educational benefits, the United States Veterans Administration;</text> </paragraph> <paragraph num="(c)"> <text>If the applicant’s spouse or parent was killed in the line of duty, the applicable State or local public safety personnel office;</text> </paragraph> <paragraph num="(d)"> <text>If the applicant or applicant’s spouse or parent is a disabled public safety employee who sustained an injury in the line of duty that renders the public safety employee 100 percent disabled the applicable State or local public safety personnel office;</text> </paragraph> <paragraph num="(e)"> <text>If the disability was a result of service while the applicant was a volunteer member of a fire department, ambulance, or rescue squad or company, the nonpublic safety employer and the local public safety personnel office;</text> </paragraph> <paragraph num="(f)"> <text>A physician, in the form of a death certificate identifying the deceased and certifying the date, location and cause of death to have been as a result of the attacks on the World Trade Center, the Pentagon, or the crash of United Airlines Flight #93 on September 11, 2001; or</text> </paragraph> <paragraph num="(g)"> <text>For the Jean B. Cryor Memorial Scholarship, a physician, in the form of:</text> <paragraph num="(i)"> <text>A copy of a death certificate identifying the deceased and certifying the date, location, and cause of death to have occurred in the line of duty; or</text> </paragraph> <paragraph num="(ii)"> <text>A statement certifying that the parent or spouse of the applicant, as applicable, has a 100 percent disability as a result of an injury sustained in the line of duty.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Eligible institutions shall make Conroy-Cryor scholarship forms available to interested individuals at their financial aid offices.</text> </paragraph> <paragraph num="C."> <text>Institutions shall promote the Conroy-Cryor program.</text> </paragraph> <paragraph num="D."> <text>Institutions shall accept all Conroy-Cryor scholarship applicants and determine the eligibility of applicants.</text> </paragraph> <paragraph num="E."> <text>The Conroy-Cryor scholarship application deadline for new applicants is July 15.</text> </paragraph> <paragraph num="F."> <text>Each applicant shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. The applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility or the revocation of an award.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Awarding Procedures."> <paragraph num="A."> <text>Applicants who are awarded a Conroy-Cryor scholarship shall be notified of the award in writing by the institution’s financial aid office.</text> </paragraph> <paragraph num="B."> <text>A Conroy-Cryor scholarship recipient shall provide the institution’s financial aid office with a written acceptance of the award by the date specified by the institution.</text> </paragraph> <paragraph num="C."> <text>No more than 15 Conroy-Cryor scholarships may be awarded annually to Veterans who suffer from a service connected disability of 25 percent or greater.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Payment."> <paragraph num="A."> <text>Institutions shall make the initial award disbursement on the eligible student’s behalf.</text> </paragraph> <paragraph num="B."> <text>The institution’s financial aid office shall report to OSFA each October and February information as required by OSFA regarding eligible Conroy-Cryor scholarship recipients.</text> </paragraph> <paragraph num="C."> <text>Upon receipt and acceptance of the institution’s information, OSFA shall authorize Conroy-Cryor scholarship reimbursements to the institutions.</text> </paragraph> <paragraph num="D."> <text>If sufficient funds are not appropriated for that award year to pay institutions for all eligible Conroy-Cryor scholarship recipients, funds from the following years’ appropriations will be used first to satisfy unpaid scholarship balances from the prior year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Renewal And Continuation."> <paragraph num="A."> <text>OSFA shall renew all eligible Conroy-Cryor scholarship recipients who were initially awarded prior to FY 2011 and shall continue to renew them until they complete their program of study or are otherwise no longer eligible for the award.</text> </paragraph> <paragraph num="B."> <text>Institutions of higher education shall make Conroy-Cryor scholarship renewal awards to students who received their first award during FY 2011 or later.</text> </paragraph> <paragraph num="C."> <text>A Conroy-Cryor scholarship may be renewed on an annual basis for up to 5 years of full-time study or 8 years of part-time study if the recipient:</text> <paragraph num="(1)"> <text>Is enrolled on at least a part-time basis in an eligible Maryland postsecondary institution; and</text> </paragraph> <paragraph num="(2)"> <text>Continues to meet all other eligibility requirements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Revocation Of Award."> <text>A Conroy-Cryor scholarship award shall be revoked if:</text> <paragraph num="A."> <text>The criteria in Regulation .07 or .08 of this chapter are not met;</text> </paragraph> <paragraph num="B."> <text>The recipient makes any changes to name, address, or any other information pertinent to the Conroy-Cryor scholarship and fails to inform the financial aid office at their institution or other office designated by their institution to administer the program; or</text> </paragraph> <paragraph num="C."> <text>The recipient otherwise fails to satisfy the eligibility criteria.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Appeals."> <paragraph num="A."> <text>Each eligible institution shall establish and publicize its appeal process for the Conroy-Cryor scholarship program.</text> </paragraph> <paragraph num="B."> <text>An institution’s appeal decision may not be appealed to OSFA in the Maryland Higher Education Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-601, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 24, 2017 (44:8 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective August 7, 2023 (50:15 Md. R. 683)</annotation> </annotations> </chapter> <chapter num="14" heading="Workforce Shortage Student Assistance Grant Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Workforce Shortage Student Assistance Grant Program is to help meet the State’s need for well-trained and highly skilled workers in shortage areas. Students who perform well academically and agree to use their training in eligible programs may qualify for scholarship assistance.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility."> <paragraph num="A."> <text>A recipient of assistance under this program shall:</text> <paragraph num="(1)"> <text>Be a Maryland resident (if the recipient is a dependent student, the parent claiming the student as dependent shall be a Maryland resident as well);</text> </paragraph> <paragraph num="(2)"> <text>Have achieved:</text> <paragraph num="(a)"> <text>If the applicant has completed 12 or more college credits, a cumulative college GPA of at least 2.5 on a 4.0 scale; or</text> </paragraph> <paragraph num="(b)"> <text>If the applicant has completed less than 12 college credits:</text> <paragraph num="(i)"> <text>A cumulative, unweighted high school GPA of at least 2.5 on a 4.0 scale; or</text> </paragraph> <paragraph num="(ii)"> <text>A GED with a passing score of at least 165 per module.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Enroll in an eligible major as specified in regulation .08 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>After completing studies in an eligible program, perform the service obligation as specified for each field in which there is a critical shortage; and</text> </paragraph> <paragraph num="(5)"> <text>Sign a letter of intent to enroll in at least 6 credits per semester at an institution of higher education in Maryland as a degree-seeking undergraduate or graduate student.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Audited courses may not be used to reach the minimum credit hours for full-time or part-time status under §A(5) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Award Amount."> <paragraph num="A."> <text>Grants shall be awarded in accordance with the minimum and maximum award ranges specified in this regulation.</text> </paragraph> <paragraph num="B."> <text>In this regulation, “cost of attendance (COA)” means the annual expenses of a full-time resident undergraduate at the 4-year public institution of higher education within the University System of Maryland with the highest annual expense for a full-time resident undergraduate as determined by the Maryland Higher Education Commission, other than the University of Maryland University College and University of Maryland, Baltimore.</text> </paragraph> <paragraph num="C."> <text>The minimum and maximum award ranges are:</text> </paragraph> <paragraph num="D."> <text>The Office of Student Financial Assistance (OSFA) shall establish the award amount annually when program funding and the number of demand occupations to be incorporated into the program are known.</text> </paragraph> <paragraph num="E."> <text>If a student takes courses over a summer session to meet the minimum number of credit hours for full-time or part-time status, the award amount shall be divided equally between the fall, spring, and summer sessions, as appropriate.</text> </paragraph> <paragraph num="F."> <text>A student who is enrolled in an academic program that includes mandatory summer sessions as part of the approved curriculum may receive an additional award not to exceed $1,000 per calendar year, if funds are available. A student shall apply for summer funding in writing by April 1 of that academic year.</text> </paragraph> <paragraph num="G."> <text>The grant award may be used at any eligible institution for educational expenses as defined by OSFA, including tuition, mandatory fees, and room and board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Advisory Council on Workforce Shortage."> <paragraph num="A."> <text>The Secretary of Higher Education shall appoint an Advisory Council on Workforce Shortage (Advisory Council) to identify and recommend workforce shortage fields to be included in the Workforce Shortage Student Assistance Grant Program.</text> </paragraph> <paragraph num="B."> <text>The Advisory Council shall meet as necessary to make recommendations on occupations to be included in the program.</text> </paragraph> <paragraph num="C."> <text>At a minimum, the Advisory Council shall make recommendations every 2 years on occupations to be included in the program.</text> </paragraph> <paragraph num="D."> <text>Public Good or Benefit</text> <paragraph num="(1)"> <text>In this section, “public good or benefit” means service to low-income or underserved residents or areas of the State in an occupation in the public sector or service in an organization, institution, association, society, or corporation that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code of 1986.</text> </paragraph> <paragraph num="(2)"> <text>In establishing recommendations, the Advisory Council shall take into consideration whether the occupation provides a public good or benefit to the citizens of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Advisory Council’s recommendations shall be submitted to the Office of Student Financial Assistance (OSFA) for approval.</text> </paragraph> <paragraph num="F."> <text>The Maryland Department of Labor shall provide data and analysis on demand occupations and supply to be used by the Advisory Council.</text> </paragraph> <paragraph num="G."> <text>OSFA shall allocate funds for each specific demand occupation within the program, based on the level of critical need. Renewals shall also be considered when determining allocations.</text> </paragraph> <paragraph num="H."> <text>Majors and occupational areas associated with the scholarship and tuition assistance programs listed below are included in the Workforce Shortage Student Assistance Grant Program:</text> <paragraph num="(1)"> <text>Hattie N. Harrison Memorial Scholarship;</text> </paragraph> <paragraph num="(2)"> <text>Ida G. and Leonard Ruben Scholarship;</text> </paragraph> <paragraph num="(3)"> <text>Ruth M. Kirk Social Work Scholarship;</text> </paragraph> <paragraph num="(4)"> <text>Physical and Occupational Therapists and Assistants Scholarship;</text> </paragraph> <paragraph num="(5)"> <text>Sharon Christa McAuliffe Memorial Teacher Education Award;</text> </paragraph> <paragraph num="(6)"> <text>Nursing Scholarship and Living Expenses Grant;</text> </paragraph> <paragraph num="(7)"> <text>William Donald Schaefer Scholarship; and</text> </paragraph> <paragraph num="(8)"> <text>Parren J. Mitchell Public Service Scholarship.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Allocation of Funds."> <paragraph num="A."> <text>A specified amount of funds shall be allocated each year to each eligible occupational areas based on critical need as determined by the Advisory Council on Workforce Shortage. These funds shall be used to make awards to students majoring in specific programs leading to employment in these occupational areas.</text> </paragraph> <paragraph num="B."> <text>As funding permits, the intent of the program is to incrementally address waiting lists for those occupations already incorporated into the grant program while new occupations are being included. In addition, a balanced approach shall be implemented to ensure the programs address demand in all occupations, including those currently in the program as well as new public good and economic development occupations.</text> </paragraph> <paragraph num="C."> <text>As the Workforce Shortage Student Assistance Grant Program expands, the determination of occupation allocations should consider the:</text> <paragraph num="(1)"> <text>Gap analysis resulting from the workforce model;</text> </paragraph> <paragraph num="(2)"> <text>Number of applications;</text> </paragraph> <paragraph num="(3)"> <text>Number of awards made in each eligible occupation; and</text> </paragraph> <paragraph num="(4)"> <text>Number of students on a waiting list.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Application Procedures."> <paragraph num="A."> <text>To be considered for the Workforce Shortage Student Assistance Grant Program, an applicant shall, no later than July 1:</text> <paragraph num="(1)"> <text>Complete and file the Free Application for Federal Student Aid (FAFSA);</text> </paragraph> <paragraph num="(2)"> <text>Submit a completed application;</text> </paragraph> <paragraph num="(3)"> <text>If the applicant has completed 12 or more college credits, submit an official transcript from the current or more recent institution of postsecondary education the applicant is attending or has attended;</text> </paragraph> <paragraph num="(4)"> <text>If the applicant has earned less than 12 college level credits, submit:</text> <paragraph num="(a)"> <text>An official high school transcript; or</text> </paragraph> <paragraph num="(b)"> <text>A copy of their GED examination;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If applying as a nursing major, submit proof of acceptance into a nursing program at the institution; and</text> </paragraph> <paragraph num="(6)"> <text>Submit any additional documentation that may be required by the Office of Student Financial Assistance (OSFA) based on the applicant’s major.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each applicant shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. An applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility, revocation of an award, denial of service credit, imposition of repayment obligations, or denial of a deferment or waiver request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Selection of Recipients."> <paragraph num="A."> <text>Priority for awards shall be given to prior year recipients who remain eligible for the award under Regulation .10 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Initial applicants shall be selected for awards based on greatest financial need, as demonstrated on the Free Application for Federal Student Aid (FAFSA).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Eligible Majors."> <paragraph num="A."> <text>The Advisory Council on Workforce Shortage shall identify eligible majors and occupational fields biennially based on Statewide workforce shortages.</text> </paragraph> <paragraph num="B."> <text>Eligible majors are grouped by service areas that correspond with the service areas in Regulation .11 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Eligible Majors by Service Area.</text> <paragraph num="(1)"> <text>Service Area A, the Hattie M. Harrison Scholarship.</text> <paragraph num="(a)"> <text>Child development; and</text> </paragraph> <paragraph num="(b)"> <text>Early childhood education.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Service Area B, the Ida G. and Leonard Ruben Scholarship.</text> <paragraph num="(a)"> <text>Human services degree programs, including:</text> <paragraph num="(i)"> <text>Aging services;</text> </paragraph> <paragraph num="(ii)"> <text>Counseling;</text> </paragraph> <paragraph num="(iii)"> <text>Disability services;</text> </paragraph> <paragraph num="(iv)"> <text>Mental health;</text> </paragraph> <paragraph num="(v)"> <text>Nursing;</text> </paragraph> <paragraph num="(vi)"> <text>Occupational therapy;</text> </paragraph> <paragraph num="(vii)"> <text>Physical therapy;</text> </paragraph> <paragraph num="(viii)"> <text>Psychology;</text> </paragraph> <paragraph num="(ix)"> <text>Rehabilitation;</text> </paragraph> <paragraph num="(x)"> <text>Special education;</text> </paragraph> <paragraph num="(xi)"> <text>Supported employment; and</text> </paragraph> <paragraph num="(xii)"> <text>Vocational rehabilitation; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Any other concentration in the healing arts or in programs providing support services to individuals with special needs, including:</text> <paragraph num="(i)"> <text>Child welfare and juvenile justice; and</text> </paragraph> <paragraph num="(ii)"> <text>The alcohol and drug workforce.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Service Area C, the Sharon Christa McAuliffe Scholarship.</text> <paragraph num="(a)"> <text>Approved teacher education programs leading to certification in a critical shortage field, including:</text> <paragraph num="(i)"> <text>Chemistry (grades 7—12);</text> </paragraph> <paragraph num="(ii)"> <text>Computer science (grades 7—12);</text> </paragraph> <paragraph num="(iii)"> <text>Dance;</text> </paragraph> <paragraph num="(iv)"> <text>Earth/space science (grades 7—12);</text> </paragraph> <paragraph num="(v)"> <text>English for speakers of other languages (ESOL) (Pre-K—12);</text> </paragraph> <paragraph num="(vi)"> <text>Health occupations (grades 7—12);</text> </paragraph> <paragraph num="(vii)"> <text>Latin (grades 7—12);</text> </paragraph> <paragraph num="(viii)"> <text>Mathematics (grades 7—12);</text> </paragraph> <paragraph num="(ix)"> <text>Physical science (grades 7—12);</text> </paragraph> <paragraph num="(x)"> <text>Physics (grades 7—12);</text> </paragraph> <paragraph num="(xi)"> <text>Reading specialist;</text> </paragraph> <paragraph num="(xii)"> <text>Spanish (grades 7—12);</text> </paragraph> <paragraph num="(xiii)"> <text>Special education, generic: infant/primary (birth—grade 3);</text> </paragraph> <paragraph num="(xiv)"> <text>Special education, generic: elementary/middle (grades 1—8);</text> </paragraph> <paragraph num="(xv)"> <text>Special education, generic: secondary/adult (grades 6—adult);</text> </paragraph> <paragraph num="(xvi)"> <text>Special education — hearing impaired;</text> </paragraph> <paragraph num="(xvii)"> <text>Special education — severely and profoundly disabled;</text> </paragraph> <paragraph num="(xviii)"> <text>Special education — visually impaired;</text> </paragraph> <paragraph num="(xix)"> <text>Speech language pathology (educational service area); and</text> </paragraph> <paragraph num="(xx)"> <text>Technology education (grades 7—12).</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Elementary education is not a critical shortage field.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Service Area D.</text> <paragraph num="(a)"> <text>Physical therapy;</text> </paragraph> <paragraph num="(b)"> <text>Physical therapy assistant;</text> </paragraph> <paragraph num="(c)"> <text>Occupational therapy; and</text> </paragraph> <paragraph num="(d)"> <text>Occupational therapy assistant.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Service Area E, the William Donald Schaefer Scholarship — Law — Designed to prepare individuals to provide legal services to low-income residents in the State.</text> </paragraph> <paragraph num="(6)"> <text>Service Area F, the Ruth M. Kirk Public Social Work Scholarship — Social Workers.</text> </paragraph> <paragraph num="(7)"> <text>Service Area G, the Parren J. Mitchell Public Service Scholarship — Nursing and Other.</text> <paragraph num="(a)"> <text>Recipients shall be graduates of nursing programs and other majors designed to prepare individuals for careers in public service.</text> </paragraph> <paragraph num="(b)"> <text>Recipients shall be employed in a public or nonprofit sector under §501(c)(3) or (4) of the Internal Revenue Code of 1986 in service areas where there is a shortage of qualified practitioners for low-income or underserved residents or areas of the State.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Payment."> <text>Each semester, eligible institutions shall certify on billing rosters provided by the Office of Student Financial Assistance that the recipient is:</text> <paragraph num="A."> <text>A Maryland resident;</text> </paragraph> <paragraph num="B."> <text>Enrolled for the required number of credits;</text> </paragraph> <paragraph num="C."> <text>Enrolled in an eligible academic program;</text> </paragraph> <paragraph num="D."> <text>Making satisfactory academic progress towards a degree; and</text> </paragraph> <paragraph num="E."> <text>Maintaining the standards of the institution.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Renewal and Continuation."> <paragraph num="A."> <text>The award shall be automatically renewed on an annual basis up to a maximum of 5 years if the student continues to meet all of the eligibility requirements and meet the satisfactory academic progress standards of the institution.</text> </paragraph> <paragraph num="B."> <text>The award may not be renewed if the original award was canceled because the recipient took an ineligible number of credits per semester or because of the student’s failure to maintain satisfactory academic progress.</text> </paragraph> <paragraph num="C."> <text>A recipient who is academically ineligible shall forfeit the award for 1 academic year. The award may be reinstated, if funds are available, for the following academic year upon proof of meeting the standards of the institution.</text> </paragraph> <paragraph num="D."> <text>A student transferring from one institution to another may continue to receive an award as long as the student meets all of the eligibility requirements.</text> </paragraph> <paragraph num="E."> <text>A renewal student wishing to continue receiving the award for an advanced degree shall contact the Office of Student Financial Assistance in order to determine if they are eligible for the award.</text> </paragraph> <paragraph num="F."> <text>A grant recipient in a workforce shortage field that is removed from the grant program may continue to receive renewal awards under the program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Service Obligation."> <paragraph num="A."> <text>Applicants offered an award shall sign and return a promissory note agreeing to begin fulfillment of the service obligation in the area/field for which the award was received within 1 year of completing the degree for which they received assistance.</text> </paragraph> <paragraph num="B."> <text>The service obligation begins after completion of the degree program and may not be fulfilled prior to completion.</text> </paragraph> <paragraph num="C."> <text>If a recipient holds a Workforce Shortage Student Assistance Grant with any other State award requiring a service obligation, the obligations shall be served in consecutive years.</text> </paragraph> <paragraph num="D."> <text>If a recipient works full-time, the service obligation shall be fulfilled at a rate of 1 year for each year that the award was received, even if the student was enrolled on a part-time basis for some semesters.</text> </paragraph> <paragraph num="E."> <text>If a recipient works part-time, the obligation shall be fulfilled at a rate of 2 years for each year the scholarship was received, even if the student was enrolled on a part-time basis.</text> </paragraph> <paragraph num="F."> <text>Full-time employment is at least 35 hours per week, and part-time employment is at least 20 hours per week.</text> </paragraph> <paragraph num="G."> <text>If a student receives a degree in a major that falls into more than one specified service area, the student may fulfill the service obligation in either area.</text> </paragraph> <paragraph num="H."> <text>Eligible Employment by Service Area.</text> <paragraph num="(1)"> <text>Service Area A. The recipient shall be employed in the State of Maryland as a director or senior staff member in a licensed Maryland childcare center or as a licensed family day care provider in Maryland. The recipient may not work as an elementary school teacher to fulfill this obligation.</text> </paragraph> <paragraph num="(2)"> <text>Service Area B.</text> <paragraph num="(a)"> <text>The recipient shall be employed in a Maryland community-based program that is:</text> <paragraph num="(i)"> <text>Licensed by the Developmental Disabilities Administration;</text> </paragraph> <paragraph num="(ii)"> <text>Approved by the Mental Hygiene Administration; or</text> </paragraph> <paragraph num="(iii)"> <text>Certified by the Office of Health Care Quality;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The recipient shall be employed in a residential program that is licensed by the Department of Human Services or the Department of Juvenile Justice;</text> </paragraph> <paragraph num="(c)"> <text>The recipient shall be a direct service employee or provide first-line supervision of employees who provide habilitation, rehabilitation, residential, or related community support services to individuals:</text> <paragraph num="(i)"> <text>With developmental disabilities;</text> </paragraph> <paragraph num="(ii)"> <text>With mental health disorders; or</text> </paragraph> <paragraph num="(iii)"> <text>Who are dependent on alcohol or drugs;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The recipient shall be a direct service employee or provide first-line supervision of employees who serve children in:</text> <paragraph num="(i)"> <text>The custody of a local department of social services; or</text> </paragraph> <paragraph num="(ii)"> <text>Any residential childcare program licensed by the Department of Human Services or the Department of Juvenile Justice;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>The recipient shall be employed by a State or local government entity in Maryland as a direct care service employee or provide first-line supervision of employees who provide habilitation, rehabilitation, residential, or related community support services to individuals:</text> <paragraph num="(i)"> <text>With developmental disabilities;</text> </paragraph> <paragraph num="(ii)"> <text>With mental health disorders; or</text> </paragraph> <paragraph num="(iii)"> <text>Who are dependent on alcohol or drugs; or</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The recipient shall be employed by a State or local government entity in Maryland as a direct care service employee or provide first-line supervision of employees who serve children in the custody of a local residential childcare program.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Service Area C.</text> <paragraph num="(a)"> <text>The recipient shall become a certified teacher in Maryland:</text> <paragraph num="(i)"> <text>In the certification area applied for and awarded, and be employed in a Maryland public or private elementary or secondary school as a teacher in that area; or</text> </paragraph> <paragraph num="(ii)"> <text>In any teaching field if the individual commits to working in a Title I school or a school designated for improvement.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Office of Student Financial Assistance shall forgive a teacher recipient of a Workforce Shortage Student Assistant Grant for their service obligation for up to 2 years if the recipient has failed the teacher certification examination, approved by the Maryland State Board of Education, in 2 consecutive years and the recipient fails to pass the teacher certification examination within the time period specified by the Office of Student Financial Assistance.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Service Area D.</text> <paragraph num="(a)"> <text>The recipient shall be employed as a therapist or therapy assistant to children with disabilities in a public school in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>The recipient shall be employed as a therapist or therapy assistant to children with disabilities placed in an approved nonpublic education program; or</text> </paragraph> <paragraph num="(c)"> <text>The recipient shall be employed as a therapist or therapy assistant to provide physical or occupational therapy in a State therapeutic hospital determined by the Secretary of Health to have a severe shortage of physical or occupational therapists.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Service Area E.</text> <paragraph num="(a)"> <text>The recipient shall be engaged in eligible employment in Maryland in public service to assist in providing legal services to low-income residents in the State.</text> </paragraph> <paragraph num="(b)"> <text>Eligible employment is defined as employment in government at any level, public interest organization, public school, or nonprofit organization under §501(c)(3) or (4) of the Internal Revenue Code of 1986.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Service Area F. The recipient shall be employed as a social worker in the public or nonprofit sectors under §501(c)(3) or (4) of the Internal Revenue Code of 1986 in which there is a shortage of qualified practitioners for low-income or underserved residents or areas of the State.</text> </paragraph> <paragraph num="(7)"> <text>Service Area G. The recipient shall be employed as:</text> <paragraph num="(a)"> <text>A nurse in a Maryland licensed hospital, adult day care center, nursing home, public health agency, home health agency, an eligible institution of postsecondary education that awards nursing degrees or diplomas, or another organization authorized by the Secretary of Health; or</text> </paragraph> <paragraph num="(b)"> <text>A nurse in the public or nonprofit sectors under §501(c)(3) or (4) of the Internal Revenue Code of 1986 in which there is a shortage of qualified practitioners to low-income or underserved residents or areas of the State.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Repayment."> <paragraph num="A."> <text>If a recipient fails to meet the required obligations under the Workforce Shortage Student Assistance Grant Program, the recipient shall repay the State the portion of the scholarship not forgiven.</text> </paragraph> <paragraph num="B."> <text>Interest on the funds advanced shall be charged at an interest rate equal to the interest rate established by the United States Department of Education for the Federal Stafford Loan on the first day of July of each year.</text> </paragraph> <paragraph num="C."> <text>Interest may not accrue prior to notification to the Office of Student Financial Assistance (OSFA) of a recipient’s graduation or termination from an institution of higher education.</text> </paragraph> <paragraph num="D."> <text>Repayment may be prorated if the recipient partially fulfills their obligation.</text> </paragraph> <paragraph num="E."> <text>OSFA shall waive the repayment of a grant award at a rate of:</text> <paragraph num="(1)"> <text>1 year for each year that the recipient performs the service obligation on a full-time basis; or</text> </paragraph> <paragraph num="(2)"> <text>6 months for each year that the recipient performs the service obligation on a part-time basis.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Except as otherwise provided in this regulation, repayment shall be made to the State within 6 years after the repayment period begins and shall follow a repayment schedule established by OSFA.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Deferment of the Service Obligation and Repayment."> <paragraph num="A."> <text>Recipients shall seek eligible employment aggressively within a 60-mile radius of their residence.</text> </paragraph> <paragraph num="B."> <text>A recipient may request that their service obligation be deferred during the time the recipient is:</text> <paragraph num="(1)"> <text>Enrolled in a full-time (12 or more credits per semester) or part-time (6—11 credits per semester) undergraduate course of study, or a full-time (9 or more credits per semester) or part-time (6—8 credits per semester) graduate course of study at an institution of higher education in a degree-granting program;</text> </paragraph> <paragraph num="(2)"> <text>On a temporary leave of absence approved by the employer in the required employment field for a period not to exceed 12 months;</text> </paragraph> <paragraph num="(3)"> <text>Temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation, for a period not to exceed 3 years;</text> </paragraph> <paragraph num="(4)"> <text>Unable to maintain employment for a period not to exceed 12 months because they must care for a spouse or child who is disabled;</text> </paragraph> <paragraph num="(5)"> <text>Assigned military duty outside of the State, not to exceed 3 years without filing an appeal;</text> </paragraph> <paragraph num="(6)"> <text>Married to a spouse assigned military duty outside of the State, not to exceed 3 years without filing an appeal; or</text> </paragraph> <paragraph num="(7)"> <text>Aggressively seeking and unable to secure employment, as required in §A of this regulation, for a single period not to exceed 12 months.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A recipient’s deferment request shall include satisfactory supporting documentation, consisting of the following, as appropriate:</text> <paragraph num="(1)"> <text>Certification by the office of the registrar that the recipient has returned to a full-time or part-time course of study at an eligible institution of higher education;</text> </paragraph> <paragraph num="(2)"> <text>Certification by the employer that the recipient is on a temporary approved leave of absence;</text> </paragraph> <paragraph num="(3)"> <text>A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation;</text> </paragraph> <paragraph num="(4)"> <text>A sworn affidavit by a qualified physician that the recipient is unable to maintain employment because they must care for a spouse or child who is disabled;</text> </paragraph> <paragraph num="(5)"> <text>A notarized statement including a list of possible eligible employers, including their addresses and telephone numbers, to which application has been made if the recipient has been unable to find full-time employment as required; or</text> </paragraph> <paragraph num="(6)"> <text>A copy of military orders.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Office of Student Financial Assistance (OSFA) shall review all documentation and determine if the deferment conditions have been met and, if so, determine the deferment period.</text> </paragraph> <paragraph num="E."> <text>Before a deferment based on an inability to find employment is granted, OSFA shall review the recipient’s documentation and other available information and determine if the recipient has sought employment aggressively in all required areas of the State.</text> </paragraph> <paragraph num="F."> <text>During the period of an approved deferment, a recipient need not make scholarship repayments and interest does not accrue.</text> </paragraph> <paragraph num="G."> <text>OSFA shall, on a case-by-case basis, review appeals from individuals assigned military duty outside the State, and from the spouse of an individual assigned military duty outside the State, that exceed the 3-year deferral limit. Appeals shall be in writing and include a copy of the military orders.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Waiver of the Service Obligation and Repayment."> <paragraph num="A."> <text>The Office of Student Financial Assistance (OSFA) shall waive a recipient's service and repayment obligations if it determines:</text> <paragraph num="(1)"> <text>On the basis of a sworn affidavit of two qualified physicians, that the recipient is physically unable to fulfill any of the possible service obligations on a full-time or part-time basis because of a permanent impairment; or</text> </paragraph> <paragraph num="(2)"> <text>On the basis of a death certificate or other evidence of death that is conclusive under State law that the recipient has died.</text> </paragraph> </paragraph> <paragraph num="B."> <text>OSFA shall forgive a recipient of a Workforce Shortage Student Assistance Grant, Service Area C, for up to 2 years of an award if:</text> <paragraph num="(1)"> <text>The recipient has taken the teacher certification examination, approved by the Maryland State Board of Education, in 2 consecutive years; and</text> </paragraph> <paragraph num="(2)"> <text>The recipient fails to pass the teacher certification examination within the time period specified by OSFA.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Special Financial Circumstances Appeals."> <paragraph num="A."> <text>A student may appeal if the student’s financial circumstances change, after the filing of the student’s application, as a result of one of the following:</text> <paragraph num="(1)"> <text>The student’s parent or spouse dies;</text> </paragraph> <paragraph num="(2)"> <text>The student or the student’s parents divorce or separate;</text> </paragraph> <paragraph num="(3)"> <text>The student, student’s parent (if dependent), or student’s spouse (if independent) as defined by the Free Application for Federal Student Aid (FAFSA) becomes involuntarily unemployed for at least 10 consecutive weeks in the current year; or</text> </paragraph> <paragraph num="(4)"> <text>The student or the student’s parent loses, as a result of the student reaching the age of majority, benefits from Social Security, Temporary Assistance for Needy Families (TANF), or child support.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The student’s appeal shall be supported by appropriate documentation sufficient to substantiate the student’s claim including, but not limited to, a copy of a:</text> <paragraph num="(1)"> <text>Death certificate;</text> </paragraph> <paragraph num="(2)"> <text>Divorce decree or separation agreement;</text> </paragraph> <paragraph num="(3)"> <text>Notice of job termination or layoff;</text> </paragraph> <paragraph num="(4)"> <text>Federal tax transcript or W-2; or</text> </paragraph> <paragraph num="(5)"> <text>Termination notice of unemployment benefits.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the Office of Student Financial Assistance (OSFA) sustains a student’s appeal, OSFA shall provide the following relief:</text> <paragraph num="(1)"> <text>If the appeal was based on the death of the student’s parent or spouse, OSFA shall adjust the student’s FASFA income information to exclude the income of the deceased;</text> </paragraph> <paragraph num="(2)"> <text>If the appeal was based on the student or the student’s parents’ divorce or separation, OSFA shall adjust the student’s FASFA income information to exclude the income of the affected parent or spouse;</text> </paragraph> <paragraph num="(3)"> <text>If the appeal was based on the student, student’s parent (if dependent), or student’s spouse (if independent) becoming involuntarily unemployed for at least 10 consecutive weeks in the current year, OSFA shall calculate the student’s family contribution and total family income using an estimated income for the current calendar year; and</text> </paragraph> <paragraph num="(4)"> <text>If the appeal was based on the student or the student’s parent losing, as a result of the student reaching the age of majority, benefits from Social Security, TANF, or child support, OSFA shall calculate the student’s family contribution and total family income using an estimated income for the current calendar year.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204 (c), and 18-708, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 837)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 7, 2023 (50:15 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective August 7, 2023 (50:15 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 7, 2023 (50:15 Md. R. 683)</annotation> </annotations> </chapter> <chapter num="17" heading="Student Loan Debt Relief Tax Credit"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Student Loan Debt Relief Tax Credit is to assist students who have incurred a certain amount of undergraduate loan debt, graduate loan debt, or both, by providing a tax credit on their Maryland State income tax pursuant to Tax-General Article, §10-740, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="C."> <text>“Comptroller” means the Comptroller of Maryland.</text> </paragraph> <paragraph num="D."> <text>“Debt burden” means the amount a qualified taxpayer is currently obligated to pay for a student loan debt.</text> </paragraph> <paragraph num="E."> <text>Lender.</text> <paragraph num="(1)"> <text>“Lender” means an entity, institution, or government that lends funds to a student, or on behalf of a student, to pay for charges for tuition or fees.</text> </paragraph> <paragraph num="(2)"> <text>“Lender” includes:</text> <paragraph num="(a)"> <text>A bank, mutual savings bank, savings and loan association, or credit union that is subject to examination and supervision in its capacity as a lender by an agency of the United States or of the state in which its principal place of operation is located;</text> </paragraph> <paragraph num="(b)"> <text>A pension fund that is subject to examination and supervision by an agency of the United States or a state;</text> </paragraph> <paragraph num="(c)"> <text>An insurance company that is subject to examination and supervision by an agency of the United States or a state;</text> </paragraph> <paragraph num="(d)"> <text>In any state, a single agency of the state or a single private nonprofit agency designated by the state to lend funds to a student or manage student loan debt;</text> </paragraph> <paragraph num="(e)"> <text>For purposes of purchasing and holding loans made by other lenders, a student loan marketing association or an agency of any state or the federal government functioning as a secondary market; and</text> </paragraph> <paragraph num="(f)"> <text>The United States Department of Education, federal Department of Veterans Affairs, federal Department of Defense, and any other federal agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>“Secretary” means the Maryland Secretary of Higher Education.</text> </paragraph> <paragraph num="G."> <text>“Student loan debt” means an individual’s obligation to repay a lender for monies borrowed by the individual to pursue an undergraduate or graduate education at an institution of higher education that is accredited by an accrediting body recognized by the United States Department of Education.</text> </paragraph> <paragraph num="H."> <text>“Student Loan Debt Relief Tax Credit” means the tax credit authorized under Tax-General Article, §10-740, Annotated Code of Maryland.</text> </paragraph> <paragraph num="I."> <text>“Qualified taxpayer” means an individual who has:</text> <paragraph num="(1)"> <text>Incurred at least $20,000 in student loan debt; and</text> </paragraph> <paragraph num="(2)"> <text>At least $5,000 in outstanding student loan debt as of the submission date of an application under Regulation .04 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Tax Credit."> <paragraph num="A."> <text>Subject to the provisions of Tax-General Article, §10-740, Annotated Code of Maryland, and the provisions of this chapter, a qualified taxpayer may claim a credit against the State income tax for the taxable year in which the Commission certifies a tax credit under this chapter.</text> </paragraph> <paragraph num="B."> <text>The Commission shall certify a tax credit to a qualified taxpayer as provided in this Chapter.</text> </paragraph> <paragraph num="C."> <text>A qualified taxpayer that receives a certification of a tax credit from the Commission shall be responsible for timely and appropriately incorporating the Commission’s certification into the taxpayer’s tax filings with the Comptroller’s office. A qualified taxpayer shall attach a copy of the Commission’s certification of the approved credit amount to the taxpayer’s income tax return.</text> </paragraph> <paragraph num="D."> <text>The total amount of a Student Loan Debt Relief Tax Credit claimed under a qualified taxpayer’s income tax return and approved by the Comptroller pursuant to §F of this regulation shall be recaptured if the qualified taxpayer does not use an approved credit for the repayment of the qualified taxpayer’s student loan debt within 3 years from the close of the taxable year in which the credit is awarded. The qualified taxpayer who claimed the approved tax credit shall pay the total amount of the credit claimed as taxes payable to the State of Maryland for the taxable year in which the event requiring recapture of the credit occurs.</text> </paragraph> <paragraph num="E."> <text>If a Student Loan Debt Relief Tax Credit claimed under a qualified taxpayer’s income tax return and approved by the Comptroller pursuant to §F of this regulation in any taxable year exceeds the total tax otherwise payable by the qualified taxpayer for that taxable year, the qualified taxpayer may claim a refund in the amount of the excess.</text> </paragraph> <paragraph num="F."> <text>The Comptroller shall make the final determination on a qualified taxpayer’s eligibility for a Student Loan Debt Relief Tax Credit pursuant to Tax-General Article, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Applying to the Commission for Certification of a Tax Credit."> <paragraph num="A."> <text>A qualified taxpayer requesting that the Commission certify a tax credit shall apply to the Commission as provided in this regulation.</text> </paragraph> <paragraph num="B."> <text>A qualified taxpayer shall submit a signed application, on a form prepared by the Commission in accordance with §C of this regulation, for a Student Loan Debt Relief Tax Credit by September 15 of the tax year in which the taxpayer seeks to apply a Student Loan Debt Relief Tax Credit to the taxpayer’s income tax return.</text> </paragraph> <paragraph num="C."> <text>The Student Loan Debt Relief Tax Credit application shall require a qualified taxpayer to submit, in a form prescribed by the Secretary, information required by the Secretary to determine the taxpayer’s eligibility for certification, including but not limited to:</text> <paragraph num="(1)"> <text>The qualified taxpayer’s full legal name, date of birth, residency address, email address, phone number, and social security number;</text> </paragraph> <paragraph num="(2)"> <text>The name of the institution or institutions attended, date the qualified taxpayer’s degree or degrees were awarded, and dates of attendance attributable to the qualified taxpayer’s student loan debt;</text> </paragraph> <paragraph num="(3)"> <text>A statement attesting that the qualified taxpayer has:</text> <paragraph num="(a)"> <text>Incurred at least $20,000 in student loan debt; and</text> </paragraph> <paragraph num="(b)"> <text>At least $5,000 in outstanding student loan debt at the time the application is submitted;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>For each student loan debt that contributes to the amount of student loan debt attested to pursuant to §C(3) of this regulation the:</text> <paragraph num="(a)"> <text>Name, address, and phone number of the entity that provided the student loan debt;</text> </paragraph> <paragraph num="(b)"> <text>Account numbers associated with the student loan debt;</text> </paragraph> <paragraph num="(c)"> <text>Full names of all persons legally responsible for repaying the student loan debt;</text> </paragraph> <paragraph num="(d)"> <text>Original amount of the student loan debt disbursed to the qualified taxpayer; and;</text> </paragraph> <paragraph num="(e)"> <text>Total amount of the student loan debt currently outstanding at the time the Student Loan Debt Relief Tax Credit application is submitted;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Information that the Secretary deems necessary in order to allow the Commission to determine the qualified taxpayer's debt burden;</text> </paragraph> <paragraph num="(6)"> <text>Information that the Secretary deems necessary in order to allow the Commission to determine the qualified taxpayer's adjusted gross income;</text> </paragraph> <paragraph num="(7)"> <text>A signed statement by the qualified taxpayer under penalty of perjury attesting that the information submitted in the application is true and correct to the knowledge and belief of the qualified taxpayer;</text> </paragraph> <paragraph num="(8)"> <text>A signed statement by the qualified taxpayer authorizing a lender or educational institution to release personal academic or financial information as may be requested by the Commission in processing the qualified taxpayer’s application; and</text> </paragraph> <paragraph num="(9)"> <text>A signed statement of assurance by the qualified taxpayer that the individual shall use any credit approved by the Commission and accepted by the Comptroller for the repayment of the individual’s student loan debt as soon as practicable and not later than 3 years after the taxable year in which the credit is claimed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>By December 15 of the year in which a qualified taxpayer has submitted an application under §B of this regulation, the Commission shall certify to the individual the amount of any tax credit approved by the Commission as provided in Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Commission Action on an Application."> <paragraph num="A."> <text>Upon the filing of a timely and complete application for the Student Loan Debt Relief Tax Credit by a qualified taxpayer, the Commission shall review the application and certify to the individual the amount of any tax credit approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>The Commission’s certification under §A of this regulation shall be issued by December 15 of the year in which the qualified taxpayer submitted an application.</text> </paragraph> <paragraph num="C."> <text>The amount of the tax credit approved by the Commission:</text> <paragraph num="(1)"> <text>May not exceed $5,000; and</text> </paragraph> <paragraph num="(2)"> <text>May be $0.00.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Commission shall prioritize tax credit recipients and amounts credited to each recipient in the following order:</text> <paragraph num="(1)"> <text>Qualified taxpayers who are State employees and graduated from institutions of higher education in the State where at least 40 percent of the attendees are eligible to receive federal Pell Grants;</text> </paragraph> <paragraph num="(2)"> <text>Qualified taxpayers who are State employees and are not described under §D(1) of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Qualified taxpayers who are not State employees and graduated from institutions of higher education in the State where at least 40 percent of the attendees are eligible to receive federal Pell Grants; and</text> </paragraph> <paragraph num="(4)"> <text>All other qualified taxpayers, who may be prioritized based on one or more of the following categories:</text> <paragraph num="(a)"> <text>Those who did not receive a tax credit in the prior year;</text> </paragraph> <paragraph num="(b)"> <text>Those who graduated from an institution of higher education located in the State;</text> </paragraph> <paragraph num="(c)"> <text>Those who were eligible for in-State tuition; and</text> </paragraph> <paragraph num="(d)"> <text>Those who have higher debt-burden-to-income ratios.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>For any taxable year, the Commission may not certify tax credits in an amount more than the maximum permitted under Tax-General Article, §10-740, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Delegation to Secretary."> <text>The Commission delegates to the Secretary the responsibility and authority to act on its behalf in administering the Student Loan Debt Relief Tax Credit program, including the authority to certify or deny a Student Loan Debt Relief Tax Credit application.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §11-105(u); Tax-General Article, §10-740; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 2017 (44:17 Md. R. 837)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 19, 2018 (45:23 Md. R. 1071)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 19, 2018 (45:23 Md. R. 1071); November 25, 2024 (51:23 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective November 19, 2018 (45:23 Md. R. 1071); November 25, 2024 (51:23 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, C amended effective November 19, 2018 (45:23 Md. R. 1071)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective November 18, 2019 (46:23 Md. R. 1067); November 25, 2024 (51:23 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 25, 2024 (51:23 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective November 19, 2018 (45:23 Md. R. 1071); November 25, 2024 (51:23 Md. R. 1037)</annotation> </annotations> </chapter> <chapter num="18" heading="Maryland Loan Assistance Repayment Program for Foster Care Recipients"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Maryland Loan Assistance Repayment Program for Foster Care Recipients is to provide State assistance in the repayment of educational loans owed by foster care recipients who are employed by the State, or by a county or municipality of the State, and who received a graduate or undergraduate degree from an institution of higher education in the State.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Foster care recipient” means an individual who was placed in an out-of-home placement by a state or unit of a state government’s department of social services for 3 years or more</text> </paragraph> <paragraph num="(2)"> <text>“Higher education loan” means any loan for undergraduate or graduate study that is obtained by a foster care recipient for tuition, educational expenses, or living expenses from:</text> <paragraph num="(a)"> <text>An institution of higher education, government, or commercial entity; or</text> </paragraph> <paragraph num="(b)"> <text>An entity that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“MLARP Foster Care” means the Maryland Loan Assistance Repayment Program for Foster Care Recipients.</text> </paragraph> <paragraph num="(4)"> <text>“OSFA” means the Office of Student Financial Assistance within the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(5)"> <text>“Secretary” means the Secretary of Higher Education for the State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility."> <text>To be eligible for assistance under MLARP Foster Care, an applicant:</text> <paragraph num="A."> <text>Shall have received an undergraduate or graduate degree from an institution of higher education located within the State;</text> </paragraph> <paragraph num="B."> <text>Shall be employed at least 20 hours per week by the State, or by a county or municipality of the State;</text> </paragraph> <paragraph num="C."> <text>May not be in default on any higher education loan; and</text> </paragraph> <paragraph num="D."> <text>Shall be a foster care recipient, as defined under Regulation .02 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Procedures."> <paragraph num="A."> <text>To be considered for assistance under MLARP Foster Care, an applicant shall provide to OSFA:</text> <paragraph num="(1)"> <text>A completed application, in the form prescribed by OSFA;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the applicant’s State tax return for the most recent available year or, if the applicant did not file a tax return with the State, a copy of the applicant’s most recent federal tax return or Letter 1077 from the IRS confirming nonfiling status;</text> </paragraph> <paragraph num="(3)"> <text>Proof of graduation from an institution of higher education within the State;</text> </paragraph> <paragraph num="(4)"> <text>Verification of being a foster care recipient, as defined under Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>A statement from an eligible employer confirming the nature of the job, length of employment, and at least part-time employment status; and</text> </paragraph> <paragraph num="(6)"> <text>Documentation of current repayment data on all educational loans. An applicant for assistance in the repayment of a commercial loan shall demonstrate to OSFA that the commercial loan was used for tuition, educational expenses, or living expenses for undergraduate or graduate study.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applications shall be received between October 1 and December 15 of each year. An application postmarked later than December 15 will not be considered.</text> </paragraph> <paragraph num="C."> <text>Each applicant shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. The applicant’s failure or refusal to provide requested information or a signed authorization may result in a determination of ineligibility, the cancellation of an award, and the denial of a request for the deferment or waiver of a service obligation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Determination of Award Amount."> <paragraph num="A."> <text>An award amount shall be determined by the Secretary, acting through OSFA, based upon a recipient’s verified overall reported educational debt at the time of application.</text> </paragraph> <paragraph num="B."> <text>Award funds are distributed in annual amounts, for up to 3 years, provided that the recipient remains eligible and continues to submit required annual employment, lender, and tax documentation.</text> </paragraph> <paragraph num="C."> <text>An award amount shall be equal to the lesser of 10 percent of the applicant’s total educational loan debt, or $5,000, for each year the individual qualifies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Award Procedures."> <paragraph num="A."> <text>Eligible applicants shall be ranked and awarded in the order of the submission dates of their completed applications.</text> </paragraph> <paragraph num="B."> <text>Applicants who are not selected shall be placed on a waitlist pending the availability of funding.</text> </paragraph> <paragraph num="C."> <text>Applicants not selected in an award year must reapply for consideration in a subsequent award year, and will be ranked according to the submission dates of their completed applications in the year the award is granted.</text> </paragraph> <paragraph num="D."> <text>OSFA may verify information concerning applicants and recipients for the purpose of administering this program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Recipient Obligations."> <paragraph num="A."> <text>A recipient shall furnish to OSFA written acceptance of the award and a signed promissory note and employment obligation agreement.</text> </paragraph> <paragraph num="B."> <text>The promissory note and service obligation agreement shall include:</text> <paragraph num="(1)"> <text>The obligations of the recipient;</text> </paragraph> <paragraph num="(2)"> <text>The total and annual amounts of the award;</text> </paragraph> <paragraph num="(3)"> <text>Penalties for breach of contract;</text> </paragraph> <paragraph num="(4)"> <text>Circumstances under which the obligation may be canceled, suspended, or waived; and</text> </paragraph> <paragraph num="(5)"> <text>Any other terms the Secretary considers necessary.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A recipient shall:</text> <paragraph num="(1)"> <text>Verify eligible employment initially, after 6 months, and at the end of each year in the program;</text> </paragraph> <paragraph num="(2)"> <text>Verify the current status of all educational loans each year in the program;</text> </paragraph> <paragraph num="(3)"> <text>Verify, at the time of the initial application only, being a foster care recipient as defined in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Submit a copy of the recipient’s State tax returns for any year during which an award is received, and federal returns if requested; and</text> </paragraph> <paragraph num="(5)"> <text>Notify OSFA of any change in employment status.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Verification."> <paragraph num="A."> <text>OSFA shall require annual verification that the recipient is fulfilling the recipient's obligation under the service obligation agreement.</text> </paragraph> <paragraph num="B."> <text>Prior to issuing checks for subsequent years of service, OSFA shall receive confirmation from the eligible employer that the recipient, in accordance with the service obligation agreement, remains employed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Payment."> <paragraph num="A."> <text>Recipients of the MLARP Foster Care shall receive an annual loan repayment under the following conditions:</text> <paragraph num="(1)"> <text>OSFA shall verify the recipient’s employment and lender information;</text> </paragraph> <paragraph num="(2)"> <text>OSFA shall issue an annual check co-payable to the recipient and the lender; and</text> </paragraph> <paragraph num="(3)"> <text>The recipient shall endorse the check and forward it to the lender.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a recipient fails to notify OSFA that the recipient receives other loan repayment assistance, the recipient’s MLARP Foster Care award shall be canceled.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Employment Obligation."> <paragraph num="A."> <text>If a recipient is employed for at least 20 hours per week at an eligible employer, the employment obligation shall be fulfilled at a rate of 1 year for each year that the award was received.</text> </paragraph> <paragraph num="B."> <text>Those recipients not completing the required employment obligation shall be responsible for repaying the award in full or in part, proportionally to that part of the year for which eligible employment was not completed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Breach of Promissory Note and Employment Obligation Agreement."> <text>A recipient shall be deemed to be in breach of the promissory note and employment obligation agreement if, among other reasons specified in the note and agreement, the recipient does not maintain eligible employment in fulfillment of the employment obligation.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Repayment."> <paragraph num="A."> <text>If a recipient fails to carry out the obligations required under this chapter, the recipient shall repay the State the amount of the award provided plus interest.</text> </paragraph> <paragraph num="B."> <text>Repayment may be prorated if the recipient partially fulfills the employment obligation, as determined under Regulation .10 of this chapter.</text> </paragraph> <paragraph num="C."> <text>If repayment is required, interest on the funds provided to the recipient shall accrue at an interest rate equal to the interest rate established by the U.S. Department of Education for the Federal Stafford Loan on the first day of July of each year.</text> </paragraph> <paragraph num="D."> <text>Interest shall begin accruing as of the date the funds are provided to the student.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Deferment of Repayment."> <paragraph num="A."> <text>A recipient may request that repayment required under Regulation .12 of this chapter be deferred:</text> <paragraph num="(1)"> <text>For up to 1 year, if the recipient is unable to maintain employment within the recipient’s current field because the recipient must care for a spouse or child who is disabled; and</text> </paragraph> <paragraph num="(2)"> <text>For up to 3 years, or longer as provided for under §E of this regulation, if the recipient or the recipient’s spouse is assigned to military duty outside of the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient’s deferment request shall include satisfactory supporting documentation. Such documentation shall consist of the following, as applicable:</text> <paragraph num="(1)"> <text>A sworn affidavit by a qualified physician that the recipient is unable to maintain employment within their current field because the recipient must care for a spouse or child who is disabled; or</text> </paragraph> <paragraph num="(2)"> <text>A copy of military orders.</text> </paragraph> </paragraph> <paragraph num="C."> <text>OSFA shall review all documentation and determine if the deferment conditions have been met and, if so, determine the deferment period. OSFA’s determinations regarding whether to grant deferment and the length of deferment are final.</text> </paragraph> <paragraph num="D."> <text>During a deferment approved by OSFA, a recipient need not make repayments, and interest does not accrue.</text> </paragraph> <paragraph num="E."> <text>OSFA may under extenuating circumstances grant the request of a recipient who is assigned, or whose spouse is assigned, military duty outside of the State, to extend the deferment of repayment beyond 3 years. The recipient’s request shall be in writing and shall include a copy of the military orders.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Cancellation of Obligations upon Death, and Waiver or Temporary Suspension of Employment Obligation."> <paragraph num="A."> <text>Any employment or payment obligation incurred by a recipient is canceled upon the recipient’s death, upon provision to OSFA of a death certificate, or other evidence of death that is conclusive under State law.</text> </paragraph> <paragraph num="B."> <text>OSFA may waive or temporarily suspend a recipient's employment obligation:</text> <paragraph num="(1)"> <text>If, in the determination of the Director of OSFA, compliance by the recipient with the terms and conditions of the employment obligation agreement is impossible or would involve extreme hardship;</text> </paragraph> <paragraph num="(2)"> <text>Due to an extended illness of the recipient verified by a physician; or</text> </paragraph> <paragraph num="(3)"> <text>Due to extenuating family circumstances as determined by the Director of OSFA.</text> </paragraph> </paragraph> <paragraph num="C."> <text>OSFA may suspend a recipient’s employment obligation:</text> <paragraph num="(1)"> <text>For up to 3 years, if the recipient or recipient’s spouse is assigned military duty outside of the State; or</text> </paragraph> <paragraph num="(2)"> <text>For up to 6 months, if the recipient is on parental leave.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 18-3206, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 30, 2018 (45:15 Md. R. 727)</annotation> </annotations> </chapter> <chapter num="19" heading="Institutional Audit Requirements for Educational Excellence Awards"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Auditor” means an independent certified public accountant.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(3)"> <text>“EEA Program” means the Howard P. Rawlings Educational Excellence Awards Program under Education Article, §§18-301 — 18-310, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“OSFA” means the Office of Student Financial Assistance within the Commission.</text> </paragraph> <paragraph num="(5)"> <text>“Secretary” means the Secretary of Higher Education for the State of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope and Purpose."> <paragraph num="A."> <text>This chapter applies to financial aid awards under the EEA Program.</text> </paragraph> <paragraph num="B."> <text>The purpose of this chapter is to provide for the independent audit of awards made under the EEA Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Performance of Audit Review."> <paragraph num="A."> <text>Beginning in fiscal year 2019, each institution of higher education that enrolls students who participate in the EEA Program shall procure annually an independent audit of the institution’s implementation of the EEA Program.</text> </paragraph> <paragraph num="B."> <text>The institution shall submit each audit to the Commission in accordance with Regulation .04 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Audit Requirements."> <paragraph num="A."> <text>The audit required by Regulation .03 of this chapter shall be conducted in accordance with the standards of the American Institute of Certified Public Accountants, and in compliance with generally accepted auditing standards.</text> </paragraph> <paragraph num="B."> <text>The audit shall determine whether and to what extent the institution has complied with the statutory and regulatory requirements of the EEA Program during the fiscal year.</text> </paragraph> <paragraph num="C."> <text>In determining EEA Program compliance under §B of this regulation, the audit shall assess the following factors as they relate to the EEA Program:</text> <paragraph num="(1)"> <text>Compliance with federal regulations of institutional policies and procedures regarding satisfactory academic progress (SAP), housing, and Title IV financial aid verification requirements;</text> </paragraph> <paragraph num="(2)"> <text>Compliance with State residency requirements;</text> </paragraph> <paragraph num="(3)"> <text>Compliance with the institution’s enrollment and credit completion requirements;</text> </paragraph> <paragraph num="(4)"> <text>Accuracy of award eligibility determination performed by the institution;</text> </paragraph> <paragraph num="(5)"> <text>Adequacy of reporting by the institution to the Office in the Institutional Student Information Record;</text> </paragraph> <paragraph num="(6)"> <text>Estimation of State awards disbursed by the institution;</text> </paragraph> <paragraph num="(7)"> <text>Verification of completed and signed Maryland College Aid Processing System (MDCAPS) Individual User Agreements; and</text> </paragraph> <paragraph num="(8)"> <text>For institutions that elect to verify GA applicant eligibility under Education Article, §18-303.3, Annotated Code of Maryland, and COMAR 13B.08.10.13B, compliance with:</text> <paragraph num="(a)"> <text>The requirements of the VI standard Title IV financial aid verification process; and</text> </paragraph> <paragraph num="(b)"> <text>COMAR 13B.08.10.13B(7)—(18).</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The audit report shall provide:</text> <paragraph num="(1)"> <text>Detail of discrepancies and the nature of noncompliant student records identified during review;</text> </paragraph> <paragraph num="(2)"> <text>Recommendations provided to the institution to resolve findings; and</text> </paragraph> <paragraph num="(3)"> <text>The total amount of award payments that were made improperly by the institution.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The auditor shall issue a management letter to the institution, which shall contain a listing of all material weaknesses in the institution’s system of internal controls.</text> </paragraph> <paragraph num="F."> <text>By June 1 of each year, a copy of the audit, the management letter, and the institution’s response to each item in the management letter shall be filed with the Commission.</text> </paragraph> <paragraph num="G."> <text>The Commission may request additional information from the auditor or from the institution.</text> </paragraph> <paragraph num="H."> <text>Noncompliance with the auditor’s recommendations shall be noted in future management letters and may result in payment remittance required of the institution as determined by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Extensions of Time."> <paragraph num="A."> <text>A written request for an extension of time to file the required reports and the management letter shall be received by the Commission no later than 30 days before the original due date as noted in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="B."> <text>A request for a reasonable extension of time may be granted by the Secretary if:</text> <paragraph num="(1)"> <text>Detailed reasons are stated that indicate why the reporting deadline cannot be met;</text> </paragraph> <paragraph num="(2)"> <text>The request indicates the estimated date the audit will be completed and the report filed; and</text> </paragraph> <paragraph num="(3)"> <text>The request is signed by the president of the college.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Payment Remittance."> <paragraph num="A."> <text>Except as set forth in §B of this regulation, the Commission shall require an institution to return to the Commission any overpayments of EEA Program funds that were not awarded and paid consistent with statute and regulation.</text> </paragraph> <paragraph num="B."> <text>For institutions that elect to verify GA applicant eligibility under Education Article, §18-303.3, Annotated Code of Maryland, and COMAR 13B.08.10.13B, overpayments of EEA Program funds arising from a verification made under this election shall be paid by the institution that made the verification, regardless of what school the student attends.</text> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, the institution may elect to remit payment to the Commission in one of the following ways:</text> <paragraph num="(1)"> <text>A check payable to the Maryland Higher Education Commission;</text> </paragraph> <paragraph num="(2)"> <text>Electronic Funds Transfer (EFT); or</text> </paragraph> <paragraph num="(3)"> <text>Deduction from the initial payment from the Commission to the institution in the subsequent award year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the return of funds relates to the Campus Based EEA Program, then the institution shall return the funds to the Commission by check.</text> </paragraph> <paragraph num="E."> <text>The Commission may discontinue an institution’s eligibility to participate in the EEA Program if the institution fails to return funds pursuant to §A of this regulation within the time frame specified by the Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), and 18-307, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 30, 2018 (45:15 Md. R. 727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 28, 2021 (48:13 Md. R. 509)</annotation> </annotations> </chapter> <chapter num="20" heading="Cybersecurity Public Service Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Program Established."> <text>There is a Cybersecurity Public Service Scholarship Program, which is administered by the Office pursuant to Education Article, Title 18, Subtitle 35, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Cybersecurity program” means a credit-bearing degree or certificate program that:</text> <paragraph num="(a)"> <text>Is approved by the Commission under Education Article, §11-206, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Has been identified by the Secretary as directly relevant to cybersecurity and published on the Commission website.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Director” means the Executive Director of the Office.</text> </paragraph> <paragraph num="(4)"> <text>“Education expenses” mean:</text> <paragraph num="(a)"> <text>Tuition and mandatory fees;</text> </paragraph> <paragraph num="(b)"> <text>Costs of room and board.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Eligible institution” means:</text> <paragraph num="(a)"> <text>A community college in the State;</text> </paragraph> <paragraph num="(b)"> <text>A public senior higher education institution in the State; or</text> </paragraph> <paragraph num="(c)"> <text>A private nonprofit institution of higher education in the State that:</text> <paragraph num="(i)"> <text>Is approved to operate by the Commission under Education Article §11-202, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(ii)"> <text>May operate without a Certificate of Approval from the Commission under §11-202.1 (a), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Extenuating circumstances” mean a documented disability, including pregnancy, or a documented extended illness, that prevents a recipient from fulfilling a scholarship requirement.</text> </paragraph> <paragraph num="(7)"> <text>“Full-time” means:</text> <paragraph num="(a)"> <text>Enrollment at an eligible institution at least 12 credits per semester in a certificate or undergraduate degree program; at the time of certification of the Scholarship; or</text> </paragraph> <paragraph num="(b)"> <text>Classification by an eligible institution as a full-time student in a graduate certificate, graduate degree, or doctoral degree program at the time of certification of the Scholarship.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Local Educational Agency” has the meaning stated in 20 U.S.C. §1401 (19).</text> </paragraph> <paragraph num="(9)"> <text>“Office” means the Office of Student Financial Assistance within the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(10)"> <text>“Part-time” means:</text> <paragraph num="(a)"> <text>Enrollment at an eligible institution in at least 6 credits, but fewer than 12 credits, per semester in an undergraduate certificate or degree program at the time of certification of the Scholarship; or</text> </paragraph> <paragraph num="(b)"> <text>Classification by an eligible institution as a part-time student in a graduate certificate or degree program at the time of certification of the Scholarship:</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(12)"> <text>“Scholarship” means a Cybersecurity Public Service Scholarship under this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Student Eligibility."> <paragraph num="A."> <text>Subject to the State budget, the Office annually shall determine a student’s eligibility to receive a scholarship.</text> </paragraph> <paragraph num="B."> <text>An applicant is eligible for a scholarship if the applicant:</text> <paragraph num="(1)"> <text>Is enrolled full-time or part-time at an eligible institution in a cybersecurity program;</text> </paragraph> <paragraph num="(2)"> <text>Has earned a minimum of 25 percent of the credits required to complete the cybersecurity program;</text> </paragraph> <paragraph num="(3)"> <text>Has maintained a cumulative grade point average of at least 3.0 on a 4.0 scale;</text> </paragraph> <paragraph num="(4)"> <text>Has not received a federal CyberCorps Scholarship for Service, regardless of whether the applicant has applied for a federal CyberCorps Scholarship for Service;</text> </paragraph> <paragraph num="(5)"> <text>Either:</text> <paragraph num="(a)"> <text>Attends a public eligible institution, and has been determined eligible for in-State tuition by the institution; or</text> </paragraph> <paragraph num="(b)"> <text>Attends a private nonprofit eligible institution, and would qualify for in-State tuition under the provisions of Education Article, Title 15, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Timely files an application and any required supporting documentation with the Office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Process."> <paragraph num="A."> <text>A student shall apply annually to the Office to be eligible for a scholarship in the form prescribed by the Office.</text> </paragraph> <paragraph num="B."> <text>Time of Submission. An application and required documentation received by the Office after July1 is untimely and shall not be considered.</text> </paragraph> <paragraph num="C."> <text>An applicant shall submit the following required documentation:</text> <paragraph num="(1)"> <text>Copy of the applicant’s official college or university transcript;</text> </paragraph> <paragraph num="(2)"> <text>Proof from the eligible institution that the applicant is enrolled full-time and is within 3 years from graduation in a cybersecurity program, or is enrolled part-time and is within 6 years from graduation in a cybersecurity program; and</text> </paragraph> <paragraph num="(3)"> <text>Certification from the institution that the applicant has not received or applied for a Federal CyberCorps Scholarship for Service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Scholarship Renewal."> <paragraph num="A."> <text>Subject to Regulation .06 of this chapter, a scholarship shall be renewed for a subsequent year if the applicant continues to meet the requirements of Regulation .03 of this chapter.</text> </paragraph> <paragraph num="B."> <text>A recipient enrolled full-time may receive a scholarship for a maximum of 3 years.</text> </paragraph> <paragraph num="C."> <text>A recipient enrolled part-time may receive a scholarship for a maximum of 6 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Amount of Scholarship."> <paragraph num="A."> <text>An annual scholarship for a full-time student shall be in the amount prescribed by the Director, and shall be appropriately prorated by the Director for the part-time status of the recipient.</text> </paragraph> <paragraph num="B."> <text>The amount of an annual scholarship may not exceed the recipient’s education expenses.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Selection and Notification of Recipients."> <paragraph num="A."> <text>Renewal Awards. Priority of scholarships shall be given to prior year recipients who remain eligible under Regulation .05 of this chapter.</text> </paragraph> <paragraph num="B."> <text>If funds remain after awards are made to students under §A of this regulation, eligible applicants shall be ranked on the basis of cumulative grade point average.</text> </paragraph> <paragraph num="C."> <text>Grades for credits earned for an applicant attending a public or private nonprofit institution 3 years prior to graduation shall be used to calculate the cumulative grade point average.</text> </paragraph> <paragraph num="D."> <text>Awards shall be made to applicants based on cumulative grade point average ranked highest to lowest. Awards shall be issued until the total funds appropriated for the program have been depleted.</text> </paragraph> <paragraph num="E."> <text>Recipients shall be notified through the Maryland College Aid Processing System (MDCAPS) of the scholarship awards.</text> </paragraph> <paragraph num="F."> <text>A recipient shall accept the award online through MDCAPS by the date specified in the award notice, or the award shall be forfeited.</text> </paragraph> <paragraph num="G."> <text>Eligible applicants who do not receive an award shall be notified and placed on a waiting list and considered if funds become available.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Verification and Payment."> <paragraph num="A."> <text>Verification. The Office shall verify that the applicant:</text> <paragraph num="(1)"> <text>Meets the grade point average requirement;</text> </paragraph> <paragraph num="(2)"> <text>Is:</text> <paragraph num="(a)"> <text>Enrolled full-time and is within 3 years from graduating in a cybersecurity program,or</text> </paragraph> <paragraph num="(b)"> <text>Enrolled part-time and is within 6 years from graduating in a cybersecurity program; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Is not a recipient of a Federal CyberCorps Scholarship for Service award.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Payment. Eligible institutions shall certify on billing rosters provided by the Office that the recipient is:</text> <paragraph num="(1)"> <text>Eligible for in-State tuition;</text> </paragraph> <paragraph num="(2)"> <text>Maintaining a grade point average of at least a 3.0 on a 4.0 scale;</text> </paragraph> <paragraph num="(3)"> <text>Enrolled full-time or part-time in a cybersecurity program;</text> </paragraph> <paragraph num="(4)"> <text>Maintaining satisfactory academic progress toward a degree; and</text> </paragraph> <paragraph num="(5)"> <text>Maintaining the standards of the institution.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Scholarship Conditions and Service Requirement."> <paragraph num="A."> <text>Full-Time Employment. For purposes of this regulation, “full-time employment” means employment for at least 35 hours per week.</text> </paragraph> <paragraph num="B."> <text>Use of Scholarship. A scholarship shall be used solely for education expenses to attend an eligible institution.</text> </paragraph> <paragraph num="C."> <text>As a precondition of receiving a scholarship, a recipient shall provide a promissory note and shall enter into a written agreement with the Commission, in the form and manner prescribed by the Office, requiring the recipient to:</text> <paragraph num="(1)"> <text>Earn credit as a full-time or part-time student;</text> </paragraph> <paragraph num="(2)"> <text>Complete the cybersecurity program for which the recipient received the scholarship; and</text> </paragraph> <paragraph num="(3)"> <text>Perform the service obligation described in §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Service Obligation.</text> <paragraph num="(1)"> <text>For each semester that the recipient receives a scholarship, the recipient shall, for the time period specified in this section:</text> <paragraph num="(a)"> <text>Maintain full-time employment in the State in the cybersecurity field for a:</text> <paragraph num="(i)"> <text>Local educational agency;</text> </paragraph> <paragraph num="(ii)"> <text>Public high school;</text> </paragraph> <paragraph num="(iii)"> <text>Community college; or</text> </paragraph> <paragraph num="(iv)"> <text>A unit of State, county, city or municipal government; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Teach full-time in the State in an education program that is directly relevant to cybersecurity in a:</text> <paragraph num="(i)"> <text>Public high school; or</text> </paragraph> <paragraph num="(ii)"> <text>Community college.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A full-time student shall perform the service obligation for 6 months for each semester the student received the scholarship.</text> </paragraph> <paragraph num="(3)"> <text>A part-time student shall perform the service obligation for 3 months for each semester the student received the scholarship.</text> </paragraph> <paragraph num="(4)"> <text>Regardless of whether a recipient was enrolled as a full-time student or part-time student, the work obligation for the recipient shall not exceed 3 years for full-time employment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Failure to Meet Conditions of Scholarship."> <paragraph num="A."> <text>Except as provided in §C of this regulation, if the recipient breaches the terms or conditions of the agreement or note under Regulation .09 of this chapter, including the failure to perform the service obligation, the scholarship shall convert to a student loan payable to the State.</text> </paragraph> <paragraph num="B."> <text>Interest on the loan shall be charged at an interest rate equal to the interest rate established by the United States Department of Education for the Federal Stafford Loan on the first day of July of each year.</text> </paragraph> <paragraph num="C."> <text>Interest may not accrue prior to notification to the Office of a recipient’s graduation or termination from an institution of higher education.</text> </paragraph> <paragraph num="D."> <text>Repayment may be prorated if the recipient partially fulfills the service obligation.</text> </paragraph> <paragraph num="E."> <text>Except as otherwise provided in this regulation, repayment shall be made to the State within 6 years after the repayment period begins, and shall follow a repayment schedule established by the Office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Deferment of the Service Obligation and Repayment."> <paragraph num="A."> <text>Recipients shall seek eligible employment aggressively within the State.</text> </paragraph> <paragraph num="B."> <text>A recipient may request that the service obligation be deferred during the time the recipient is:</text> <paragraph num="(1)"> <text>Enrolled full-time in an undergraduate or graduate course of study that would further their career in cybersecurity, at any institution of higher education in the State;</text> </paragraph> <paragraph num="(2)"> <text>On a temporary leave of absence, approved by the employer in the required employment field, for a period not to exceed 12 months;</text> </paragraph> <paragraph num="(3)"> <text>Temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation, for a period not to exceed 3 years;</text> </paragraph> <paragraph num="(4)"> <text>Unable to maintain employment, for a period not to exceed 12 months, because the recipient must care for a spouse or child who is disabled;</text> </paragraph> <paragraph num="(5)"> <text>Assigned military duty outside of the State, not to exceed 4 years; or</text> </paragraph> <paragraph num="(6)"> <text>Married to a spouse assigned military duty outside of the State, not to exceed 4 years.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A recipient’s deferment request shall include satisfactory supporting documentation, consisting of the following, as appropriate:</text> <paragraph num="(1)"> <text>Certification by the institution that the recipient has returned to a full-time or part-time course of study at an institution of post-secondary education in the State;</text> </paragraph> <paragraph num="(2)"> <text>Certification by the employer that the recipient is on a temporary approved leave of absence;</text> </paragraph> <paragraph num="(3)"> <text>A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation;</text> </paragraph> <paragraph num="(4)"> <text>A sworn affidavit by a qualified physician that the recipient is unable to maintain employment because the recipient must care for a spouse or child who is disabled; or</text> </paragraph> <paragraph num="(5)"> <text>A copy of military orders.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Office shall review all documentation, determine if the deferment conditions have been met and, if so, determine the deferment period.</text> </paragraph> <paragraph num="E."> <text>During the period of an approved deferment, a recipient need not make scholarship repayments and interest does not accrue.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Waiver of the Service Obligation and Repayment."> <text>The Office shall waive a recipient's service and repayment obligations if it determines:</text> <paragraph num="A."> <text>On the basis of a sworn affidavit of 2 qualified physicians, that the recipient is permanently unable to fulfill the service obligation, on a full-time or part-time basis, because of a permanent impairment; or</text> </paragraph> <paragraph num="B."> <text>On the basis of a death certificate or other evidence of death that is conclusive under State law, that the recipient has died.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Determinations of the Office."> <text>Decisions of the Office under this chapter regarding award eligibility, recipient selection, and deferment or waiver of the service obligation are final and not subject to additional review.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u), 18-204(c), 18-3503, and 18-3506, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 25, 2019 (46:6 Md. R. 347)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 18, 2019 (46:23 Md. R. 1067); January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C, D amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C, D amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11F repealed effective January 19, 2026 (53:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective January 19, 2026 (53:1 Md. R. 24)</annotation> </annotations> </chapter> <chapter num="21" heading="Maryland Community College Promise Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <paragraph num="A."> <text>The purpose of the Maryland Community College Promise Scholarship Program is to provide tuition assistance to students enrolling part-time or full-time in a community college who are seeking:</text> <paragraph num="(1)"> <text>An associate’s degree;</text> </paragraph> <paragraph num="(2)"> <text>A lower division certificate;</text> </paragraph> <paragraph num="(3)"> <text>A noncredit vocational certificate or completion of a noncredit vocational program;</text> </paragraph> <paragraph num="(4)"> <text>Completion of a sequence of credit or noncredit courses leading to licensure or certification; or</text> </paragraph> <paragraph num="(5)"> <text>Completion of a Registered Apprenticeship in the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The purpose of these regulations is to set forth policies and procedures for the administration of the Maryland Community College Promise Scholarship Program under Education Article, Title 18, Subtitle 36, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Annual adjusted gross income” means the total of the combined adjusted gross income, as reported on the federal or State income tax return for the most recent tax year, of:</text> <paragraph num="(a)"> <text>The applicant, if the applicant is independent;</text> </paragraph> <paragraph num="(b)"> <text>The applicant and the applicant’s parents, if the applicant is a dependent; or</text> </paragraph> <paragraph num="(c)"> <text>The applicant and the applicant’s spouse, if the applicant is married.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(3)"> <text>“County” means a county of the State or Baltimore City.</text> </paragraph> <paragraph num="(4)"> <text>Extenuating Circumstances.</text> <paragraph num="(a)"> <text>“Extenuating circumstances” mean a documented, extraordinary event or condition that prevents a recipient from fulfilling a Scholarship requirement.</text> </paragraph> <paragraph num="(b)"> <text>“Extenuating circumstances” includes, but is not limited to, the following events or conditions, to the extent that the event or condition prevents the recipient from fulfilling a Scholarship requirement:</text> <paragraph num="(i)"> <text>Disability;</text> </paragraph> <paragraph num="(ii)"> <text>Serious illness of the student;</text> </paragraph> <paragraph num="(iii)"> <text>Pregnancy or adoption;</text> </paragraph> <paragraph num="(iv)"> <text>Extreme financial hardship of the student or student’s immediate family;</text> </paragraph> <paragraph num="(v)"> <text>Fulfillment of military service; or</text> </paragraph> <paragraph num="(vi)"> <text>Serious illness or death of an immediate family member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“FAFSA” means the Free Application for Federal Student Aid.</text> </paragraph> <paragraph num="(6)"> <text>“Federal verification” means the process prescribed by the U.S. Department of Education to verify that information provided on the FAFSA is accurate.</text> </paragraph> <paragraph num="(7)"> <text>“GPA” means cumulative grade point average.</text> </paragraph> <paragraph num="(8)"> <text>“Institutional Student Information Report” or “ISIR” means an electronic record produced by the Central Processing System of the U.S. Department of Education that provides institutions with processed application and correction information.</text> </paragraph> <paragraph num="(9)"> <text>“MDCAPS” means the Maryland College Aid Processing System maintained by the Commission.</text> </paragraph> <paragraph num="(10)"> <text>“Most recent tax year” means the tax year 2 years prior to the beginning of the State fiscal year in which the award will be made.</text> </paragraph> <paragraph num="(11)"> <text>“Non-loan aid” means any student financial aid scholarships or grants applied to the student’s tuition and fee charges, excluding Title IV federal work-study.</text> </paragraph> <paragraph num="(12)"> <text>“Registered apprenticeship” means an apprenticeship program meeting the standards of and registered with the Maryland Department of Labor.</text> </paragraph> <paragraph num="(13)"> <text>“Satisfactory academic progress” means the academic standards established by the community college to determine whether a student may continue to receive student financial aid.</text> </paragraph> <paragraph num="(14)"> <text>“Tuition” has the meaning stated in Education Article, §18-3601, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Program Administration."> <paragraph num="A."> <text>The Scholarship Program shall be jointly administered by the Commission and each community college in the State.</text> </paragraph> <paragraph num="B."> <text>Responsibilities of Commission. The Commission shall:</text> <paragraph num="(1)"> <text>Annually allocate funding for the Scholarship Program to each community college in the State in accordance with Education Article, Title 18, Subtitle 36, Annotated Code of Maryland, and this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Identify students who are potentially eligible for the Scholarship based on information from the FAFSA or MHEC OneApp and provide a list of potentially eligible students to the community colleges through MDCAPS;</text> </paragraph> <paragraph num="(3)"> <text>Review audit reports to ensure that each community college has verified eligibility and awarded funds as set forth in Education Article, Title 18, Subtitle 36, Annotated Code of Maryland, and this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Collect payments from community colleges that have made awards in error and transfer the collected funds to the Need-based Student Financial Assistance Fund under Education Article, §18-107, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>Annually reconcile allocated funds, collect unused funds from community colleges, and transfer the collected funds to the Need-based Student Financial Assistance Fund under Education Article, §18-107, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(6)"> <text>Publicize the Scholarship Program throughout Maryland, including, but not limited to, posting information about the Scholarship on the Commission website and providing information to high school counselors; and</text> </paragraph> <paragraph num="(7)"> <text>Annually report information regarding the Scholarship to the General Assembly as set forth in Education Article, Title 18, Subtitle 36, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Responsibilities of Community Colleges. Each community college in the State shall:</text> <paragraph num="(1)"> <text>Publicize the Scholarship Program in a readily accessible location on the community college’s website;</text> </paragraph> <paragraph num="(2)"> <text>Create, prominently post, and provide to initial and renewal applicants a clear and easily understandable step-by-step application process, including all required forms and documentation;</text> </paragraph> <paragraph num="(3)"> <text>Verify eligibility of initial applicants as set forth in Education Article, §18-3603(b)—(c), Annotated Code of Maryland, and this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Select and award eligible initial applicants using the priority criteria in Education Article, §18-3604(b), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>Maintain a wait list of eligible initial applicants that are not offered an award;</text> </paragraph> <paragraph num="(6)"> <text>Verify eligibility of renewal applicants under the criteria in Education Article, §18-3604(c) and award eligible renewal applicants;</text> </paragraph> <paragraph num="(7)"> <text>Timely notify initial and renewal applicants of their award status in writing;</text> </paragraph> <paragraph num="(8)"> <text>Calculate award amounts as set forth in Education Article, §18-3604(a)—(b), Annotated Code of Maryland, and disburse awards to student accounts from the community college’s allocated funds;</text> </paragraph> <paragraph num="(9)"> <text>Work with the Commission to annually reconcile the allocated funds;</text> </paragraph> <paragraph num="(10)"> <text>Return to the Commission any unused funds and any funds for awards that were erroneously awarded;</text> </paragraph> <paragraph num="(11)"> <text>Maintain student records received or created for the Scholarship for a period of at least 5 years after the student’s final award date;</text> </paragraph> <paragraph num="(12)"> <text>Make all financial books, records, and documents pertaining to the Scholarship Program available for inspection by the Commission, or an authorized representative of the Commission, at any time;</text> </paragraph> <paragraph num="(13)"> <text>Annually obtain and submit to the Commission an independent audit of the community college’s administration of the Program in accordance with this chapter; and</text> </paragraph> <paragraph num="(14)"> <text>Provide reports and information to the Commission as set forth in this chapter and at the request of the Commission.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Student Eligibility for Initial Applications."> <paragraph num="A."> <text>To be eligible for the Scholarship, an applicant shall be enrolled in or plan to enroll at the community college serving the county in which the applicant lives or a community college in the State that has an on-campus residential facility for students.</text> </paragraph> <paragraph num="B."> <text>Applicants Enrolling in Credit-Bearing Courses or Programs. An applicant enrolling in credit-bearing courses is eligible for a Scholarship if the applicant:</text> <paragraph num="(1)"> <text>Is eligible for in-State tuition, as determined by the community college in accordance with Education Article, Title 15, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Has graduated from a high school or successfully completed a GED in the State;</text> </paragraph> <paragraph num="(3)"> <text>Has not previously earned an associate’s or bachelor’s degree;</text> </paragraph> <paragraph num="(4)"> <text>Is enrolled in or plans to enroll in a community college in:</text> <paragraph num="(a)"> <text>An associate’s degree program;</text> </paragraph> <paragraph num="(b)"> <text>A lower division certificate program; or</text> </paragraph> <paragraph num="(c)"> <text>A sequence of credit-bearing courses that leads to licensure or certification in a particular occupation;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the applicant graduated from high school in the State less than 5 years before the date of application and is not currently enrolled in a community college in the State, or if the applicant will graduate from a high school in the State prior to enrolling in the community college, earned an unweighted high school GPA of at least 2.3 on a 4.0 scale or its equivalent;</text> </paragraph> <paragraph num="(6)"> <text>If the applicant has already enrolled in a community college in the State, earned a GPA of at least 2.5 on a 4.0 scale;</text> </paragraph> <paragraph num="(7)"> <text>If enrolled or enrolling in an associate’s degree program or a lower division certification program, enrolls in at least 6 credits per semester at the community college while receiving the Scholarship;</text> </paragraph> <paragraph num="(8)"> <text>If required by the institution, timely submits an institutional application form and supporting documentation;</text> </paragraph> <paragraph num="(9)"> <text>If eligible to submit a FAFSA, timely submits a FAFSA and any other applications for State or federal non-loan aid for which the applicant may qualify;</text> </paragraph> <paragraph num="(10)"> <text>If ineligible to submit a FAFSA, timely submits the MHEC OneApp;</text> </paragraph> <paragraph num="(11)"> <text>For the most recent tax year, had an annual adjusted gross income of not more than:</text> <paragraph num="(a)"> <text>$100,000 if the applicant is single or resides in a single-parent household; or</text> </paragraph> <paragraph num="(b)"> <text>$150,000 if the applicant is married or resides in a two-parent household; and</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>Has not been awarded other non-loan aid that, in total, covers the applicant’s full cost of attendance at the community college.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Applicants Enrolling in Noncredit Courses or Participating in Registered Apprenticeships. An applicant enrolling in noncredit courses or courses required to complete a Registered Apprenticeship in the State is eligible for a Scholarship if the applicant:</text> <paragraph num="(1)"> <text>Is eligible for in-State tuition, as determined by the community college in accordance with Education Article, Title 15, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>If required by the program in which the student plans to enroll, has graduated from a high school or successfully completed a GED in the State;</text> </paragraph> <paragraph num="(3)"> <text>Has not previously earned an associate’s or bachelor’s degree;</text> </paragraph> <paragraph num="(4)"> <text>Plans to enroll in a community college in:</text> <paragraph num="(a)"> <text>A noncredit vocational certificate program;</text> </paragraph> <paragraph num="(b)"> <text>A sequence of noncredit courses that leads to licensure or certification in a particular occupation; or</text> </paragraph> <paragraph num="(c)"> <text>Credit or noncredit courses required for the completion of a Registered Apprenticeship in the State.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If required by the community college, submits an institutional application form and supporting documentation;</text> </paragraph> <paragraph num="(6)"> <text>If enrolling in a noncredit program for which a federal Pell Grant may be used and is eligible to submit a FAFSA, timely submits a FAFSA;</text> </paragraph> <paragraph num="(7)"> <text>For the most recent tax year, had an annual adjusted gross income of not more than:</text> <paragraph num="(a)"> <text>$100,000 if the applicant is single or resides in a single-parent household; or</text> </paragraph> <paragraph num="(b)"> <text>$150,000 if the applicant is married or resides in a two-parent household; and</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Has not been awarded other non-loan aid that, in total, covers the applicant’s full cost of attendance at the community college.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Eligibility for Renewal Applications."> <paragraph num="A."> <text>Subject to the State budget and a community college’s annual allocation for the Scholarship Program, an applicant shall be eligible to renew a Scholarship for a subsequent year if the applicant:</text> <paragraph num="(1)"> <text>If required by the community college, completes any institutional application form and supporting documentation;</text> </paragraph> <paragraph num="(2)"> <text>Timely submits a FAFSA or MHEC OneApp, as applicable, and any other applications for State and federal non-loan aid, if the applicant was required to submit them with their initial application;</text> </paragraph> <paragraph num="(3)"> <text>Continues to meet the income requirements for the Scholarship Program under Education Article, §18-3603, Annotated Code of Maryland, and this chapter;</text> </paragraph> <paragraph num="(4)"> <text>If applicable under Regulation .04 of this chapter, continues to enroll and complete at least 6 credits per semester;</text> </paragraph> <paragraph num="(5)"> <text>If enrolled in credit-bearing courses, maintains a cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent for the award period, unless, upon submission of satisfactory evidence, the community college finds that extenuating circumstances, as defined in this chapter, exist;</text> </paragraph> <paragraph num="(6)"> <text>Makes satisfactory progress, as determined by the community college, toward the student’s eligible program of study under Regulation .04 of this chapter; and</text> </paragraph> <paragraph num="(7)"> <text>Continues to be eligible for in-State tuition.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A recipient may receive a Scholarship only for the shorter of:</text> <paragraph num="(1)"> <text>A total of 3 years, unless the community college, upon submission of satisfactory evidence, finds that extenuating circumstances, as defined in this chapter, exist that justify an interruption of study and prevent the recipient from continuous enrollment; or</text> </paragraph> <paragraph num="(2)"> <text>The date that the individual is awarded an associate degree.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Verification of Eligibility."> <paragraph num="A."> <text>A community college shall verify the eligibility of each applicant for a Scholarship in accordance with Education Article, §§18-3603 and 18-3603.1, Annotated Code of Maryland, and Regulations .04 and .05 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Income eligibility of applications shall be verified as described in this regulation.</text> </paragraph> <paragraph num="C."> <text>Applicants Eligible for Federal Aid.</text> <paragraph num="(1)"> <text>A community college shall verify the income eligibility of an applicant federally selected for verification under the standards set by the U.S. Department of Education.</text> </paragraph> <paragraph num="(2)"> <text>The Commission will identify all Scholarship recipients who are federally selected for verification under the V1 and V5 verification groups and transmit the information to the community colleges on a roster through MDCAPS.</text> </paragraph> <paragraph num="(3)"> <text>The federal verification performed by the community for a student who has filed a federal tax return shall include verification of:</text> <paragraph num="(a)"> <text>Adjusted gross income;</text> </paragraph> <paragraph num="(b)"> <text>Federal income tax paid;</text> </paragraph> <paragraph num="(c)"> <text>Untaxed portions of IRA distributions;</text> </paragraph> <paragraph num="(d)"> <text>Untaxed portions of pensions;</text> </paragraph> <paragraph num="(e)"> <text>IRA deductions and payments;</text> </paragraph> <paragraph num="(f)"> <text>Tax-exempt interest income;</text> </paragraph> <paragraph num="(g)"> <text>Education credits;</text> </paragraph> <paragraph num="(h)"> <text>Number of household members;</text> </paragraph> <paragraph num="(i)"> <text>Number of household members enrolled in an institution of higher education; and</text> </paragraph> <paragraph num="(j)"> <text>Transaction number of the Institutional Student Information Report used.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The federal verification performed by the community college for a student who has not filed a federal income tax return, but who has filed a FAFSA, shall include verification of:</text> <paragraph num="(a)"> <text>Income earned from work;</text> </paragraph> <paragraph num="(b)"> <text>Number of household members; and</text> </paragraph> <paragraph num="(c)"> <text>Number of household members enrolled in an institution of higher education.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The community colleges shall promptly update recipient records in MDCAPS using information verified under this section.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Applicants Ineligible for Federal Aid.</text> <paragraph num="(1)"> <text>A community college shall select and verify the adjusted gross income levels and demonstrated need of a representative sample of applicants who:</text> <paragraph num="(a)"> <text>Are ineligible to receive federal aid;</text> </paragraph> <paragraph num="(b)"> <text>Submitted the MHEC OneApp; and</text> </paragraph> <paragraph num="(c)"> <text>Filed a State or federal tax return for the appropriate year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For an applicant selected by the community college for verification under §D(1) of this regulation, the community college shall verify the following:</text> <paragraph num="(a)"> <text>Adjusted gross income;</text> </paragraph> <paragraph num="(b)"> <text>Income tax paid;</text> </paragraph> <paragraph num="(c)"> <text>Untaxed portions of IRA distributions;</text> </paragraph> <paragraph num="(d)"> <text>IRA deductions and payments;</text> </paragraph> <paragraph num="(e)"> <text>Tax-exempt interest income;</text> </paragraph> <paragraph num="(f)"> <text>Education credits;</text> </paragraph> <paragraph num="(g)"> <text>Number of household members; and</text> </paragraph> <paragraph num="(h)"> <text>Number of household members enrolled in an institution of higher education.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Institutional Allocation."> <paragraph num="A."> <text>At the beginning of each State fiscal year, and no later than August 15, the Commission shall notify each community college of the total dollar amount of funds allocated to the institution for initial and renewal awards.</text> </paragraph> <paragraph num="B."> <text>The Commission shall annually allocate the funds appropriated for the Scholarship Program in the State budget based on a community college’s pro rata share of the total number of students who attended community colleges in the State who were eligible for the federal Pell Grant during the State fiscal year 2 years prior to the fiscal year in which the funds are being allocated.</text> </paragraph> <paragraph num="C."> <text>Except as set forth in §E of this regulation, on a date established by the Commission, each community college shall be initially disbursed half of the amount of the annual allocation.</text> </paragraph> <paragraph num="D."> <text>Except as set forth in §E of this regulation, the amount of total funds remaining after the initial disbursement shall be disbursed as follows.</text> <paragraph num="(1)"> <text>A community college that has awarded at least 66 percent of their initial disbursement by December 31 shall receive the remaining half of the amount calculated under §B of this regulation in a second disbursement on a date established by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>A community college that has awarded 95 percent of their initial disbursement prior to December 31 shall notify the Commission and the Commission may, at its discretion, provide the second disbursement to the community college at an earlier date.</text> </paragraph> <paragraph num="(3)"> <text>If a community college has awarded less than 66 percent of their initial disbursement by December 31, the community college shall consult with the Commission. If the community college determines, after consultation with the Commission, that the community college is unlikely to need the entirety of the remaining 50 percent of the amount calculated under §B of this regulation, the community college may authorize the Commission to retain all or part of the remaining 50 percent of their annual allocation for reallocation to community colleges that have awarded a higher percent of their initial disbursement.</text> </paragraph> <paragraph num="(4)"> <text>The Commission shall calculate the reallocation of the funds retained under §D(3) of this regulation to community colleges based on a community college’s pro rata share of the amount of funds from the initial disbursement awarded to students by each community college by December 31.</text> </paragraph> <paragraph num="(5)"> <text>The Commission shall notify the community colleges of the amount of any reallocated funds they will receive no later than January 21.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If all 16 community colleges in the State enter into an agreement with the Commission to receive disbursements from their total allocation via an alternate method set forth in the agreement, the Commission shall substitute the disbursement procedures in §§C and D of this regulation with those in the agreement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Reconciliation, Audit, and Return of Funds."> <paragraph num="A."> <text>The Commission and the community colleges shall annually reconcile the allocated funds in a form and manner prescribed by the Commission.</text> </paragraph> <paragraph num="B."> <text>All Scholarship Program funds that were not awarded by a community college by the end of the State fiscal year shall be returned to the Commission by a date established by the Commission.</text> </paragraph> <paragraph num="C."> <text>A community college shall annually provide to the Commission by June 1 an independent audit of their administration of the Scholarship Program during the prior State fiscal year.</text> </paragraph> <paragraph num="D."> <text>The audit:</text> <paragraph num="(1)"> <text>Shall be conducted in accordance with the standards of the American Institute of Certified Public Accountants and in compliance with generally accepted auditing standards;</text> </paragraph> <paragraph num="(2)"> <text>Shall determine whether and to what extent the institution has complied with the statutory and regulatory requirements of the Scholarship Program;</text> </paragraph> <paragraph num="(3)"> <text>Shall assess:</text> <paragraph num="(a)"> <text>Accuracy of award eligibility determination performed by the institution for both initial and renewal awards;</text> </paragraph> <paragraph num="(b)"> <text>Compliance with federal regulations and guidelines relating to income verification;</text> </paragraph> <paragraph num="(c)"> <text>Adequacy of reporting by the institution to the Commission in the ISIR; and</text> </paragraph> <paragraph num="(d)"> <text>Accuracy of award amount calculations and disbursements to student accounts; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Shall include a management letter from the auditor to the institution containing a list of all material weaknesses in the institution’s system of internal controls and the institution’s response to each item set forth in the management letter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An institution’s independent auditor may include results of multiple State financial assistance program audits in one report.</text> </paragraph> <paragraph num="F."> <text>If the Commission finds, through the audit or another method, that the community college made an award to an ineligible student or the award amount was calculated incorrectly, the community college shall remit the amount of that award to the Commission, and may not require repayment of the amount from the student or from any third party on behalf of the student.</text> </paragraph> <paragraph num="G."> <text>If a community college does not timely return or remit funds as required by this regulation or fails to comply with an auditor’s recommendations prior to the next audit, the Commission may:</text> <paragraph num="(1)"> <text>Delay a subsequent year’s disbursement until the unreturned or unremitted funds have been paid to the Commission; or</text> </paragraph> <paragraph num="(2)"> <text>Suspend participation by the institution in the Scholarship Program until the funds have been remitted or the institution has come into compliance, as applicable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Reporting."> <paragraph num="A."> <text>Each community college shall annually submit the following information to the Commission by the date identified.</text> </paragraph> <paragraph num="B."> <text>No later than December 15, a community college shall submit a completed Promise Certification and Repayment Roster form provided by the Commission that identifies all awardees who received awards for the fall semester.</text> </paragraph> <paragraph num="C."> <text>No later than June 15, a community college shall submit a completed Promise Certification and Repayment Roster form provided by the Commission that identifies all awardees who received awards for the spring semester.</text> </paragraph> <paragraph num="D."> <text>By October 15, a community college shall submit a final, end-of-year report that identifies all awardees who received awards during the prior State fiscal year.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105 and 18-204 and Title 18, Subtitle 36, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 25, 2019 (46:6 Md. R. 347)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, B amended effective November 4, 2019 (46:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective November 4, 2019 (46:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective November 4, 2019 (46:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17B amended effective November 4, 2019 (46:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.22 repealed under Maryland Community College Promise Scholarships and Regulations .01— .09 adopted under Maryland Community College Promise Scholarship Program effective November 25, 2024 (51:23 Md. R. 1037)</annotation> </annotations> </chapter> <chapter num="22" heading="Teaching Fellows for Maryland Scholarship Program"> <regulation prefix="Regulation" num=".01" heading="Program Established."> <paragraph num="A."> <text>There is a Teaching Fellows for Maryland Scholarship Program, which is administered by the Office pursuant to Education Article, Title 18, Subtitle 22, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The purpose of the Program is to provide scholarships to students who pledge to work as public school or public prekindergarten teachers in the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Director” means the Executive Director of the Office.</text> </paragraph> <paragraph num="(3)"> <text>Eligible Institution.</text> <paragraph num="(a)"> <text>“Eligible institution” has the meaning stated in Education Article, §18-2201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Eligible institution” does not include a private nonprofit institution of higher education that has not timely submitted a Participation Agreement to the Office under this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Extenuating Circumstances.</text> <paragraph num="(a)"> <text>“Extenuating circumstances” means the occurrence of an extraordinary event or condition that prevents a recipient from fulfilling a scholarship requirement.</text> </paragraph> <paragraph num="(b)"> <text>“Extenuating circumstances” may include, but are not limited to:</text> <paragraph num="(i)"> <text>Disability;</text> </paragraph> <paragraph num="(ii)"> <text>Serious illness of the student;</text> </paragraph> <paragraph num="(iii)"> <text>Pregnancy or adoption;</text> </paragraph> <paragraph num="(iv)"> <text>Extreme financial hardship of the students or student’s immediate family;</text> </paragraph> <paragraph num="(v)"> <text>Fulfillment of military service; or</text> </paragraph> <paragraph num="(vi)"> <text>Serious illness or death of an immediate family member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Full-time” means enrollment in:</text> <paragraph num="(a)"> <text>For an undergraduate certificate or degree program, at least 12 credits per semester; or</text> </paragraph> <paragraph num="(b)"> <text>For a graduate certificate or degree program, the number of credits needed for the institution to classify the graduate student as full-time based on the institution’s policy.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Initial participation year” means the academic year following the submission of a Participation Agreement under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“MDCAPS” means the Maryland College Aid Process System maintained by the Office.</text> </paragraph> <paragraph num="(8)"> <text>“Nonresident student” means a student that resides in housing that is privately owned.</text> </paragraph> <paragraph num="(9)"> <text>“Office” means the Office of Student Financial Assistance within the Commission.</text> </paragraph> <paragraph num="(10)"> <text>“Part-time” means enrollment in:</text> <paragraph num="(a)"> <text>For an undergraduate certificate or degree program, at least 1 credit, but fewer than 12 credits; or</text> </paragraph> <paragraph num="(b)"> <text>For a graduate certificate or degree program, the number of credits needed for the institution to classify the graduate student as part-time based on the institution’s policy.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Resident student” means a student who resides in housing that is owned by the institution in which they are enrolled.</text> </paragraph> <paragraph num="(12)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(13)"> <text>“Scholarship” means a Teaching Fellows for Maryland Scholarship under this chapter.</text> </paragraph> <paragraph num="(14)"> <text>Teaching Assistant.</text> <paragraph num="(a)"> <text>“Teaching assistant” means an individual who, regardless of job title, is employed at least 10 hours a week by a school or prekindergarten program to provide instructional assistance to a teacher in a classroom setting.</text> </paragraph> <paragraph num="(b)"> <text>“Teaching assistant” does not include a volunteer.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Private Eligible Institutions."> <paragraph num="A."> <text>Participation Agreements.</text> <paragraph num="(1)"> <text>A private nonprofit institution of higher education that is an eligible institution under Education Article, §18-2201(b)(2), Annotated Code of Maryland, shall annually notify the Commission of its agreement to provide matching grants to students, pursuant to §B of this regulation, by submitting a Participation Agreement to the Office pursuant to this section.</text> </paragraph> <paragraph num="(2)"> <text>The Participation Agreement in §A(1) of this regulation shall be in a form prescribed by the Office, which will be provided annually to all private nonprofit institutions of higher education in the State no later than February 1.</text> </paragraph> <paragraph num="(3)"> <text>Participation Agreements shall be submitted annually to the Office no later than March 1. A student at an institution that did not timely submit a Participation Agreement will not be considered for an initial award by the Office.</text> </paragraph> <paragraph num="(4)"> <text>The names of the institutions that timely submitted a Participation Agreement to the Office each year shall be displayed on the Commission website and the scholarship application form.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Matching Grants.</text> <paragraph num="(1)"> <text>During an initial participation year, an institution shall provide a matching grant to:</text> <paragraph num="(a)"> <text>A student who receives an initial award from the Office for that year; and</text> </paragraph> <paragraph num="(b)"> <text>A transfer student who receives a renewal award for that year, if it is the student’s first year attending the institution.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a student received a matching grant during an initial participation year, the institution shall provide a matching grant to the student for each year in which the student:</text> <paragraph num="(a)"> <text>Remains enrolled at the institution; and</text> </paragraph> <paragraph num="(b)"> <text>Receives a renewal award under this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A matching grant under §B(2) of this regulation shall be provided regardless of whether the institution has submitted a Participation Agreement for that year.</text> </paragraph> <paragraph num="(4)"> <text>The amount of a matching grant shall be equal to the amount of the initial or renewal award received by the student from the Office.</text> </paragraph> <paragraph num="(5)"> <text>Repayment.</text> <paragraph num="(a)"> <text>An institution is not prohibited from requiring repayment of a matching grant if the student fails to meet any scholarship requirements set forth in Education Article, Title 18, Subtitle 22, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>An institution shall notify a student of all institutional repayment requirements prior to the student’s acceptance of a scholarship award under this chapter.</text> </paragraph> <paragraph num="(c)"> <text>An institution shall be solely responsible for administration of any repayment obligation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Use and Amount of Award."> <paragraph num="A."> <text>A scholarship shall be used solely for tuition, mandatory fees, and room and board for the fall and spring semester following the award.</text> </paragraph> <paragraph num="B."> <text>For a student using the scholarship at a public eligible institution, as defined in Education Article, §18-2201(b)(1), Annotated Code of Maryland, the scholarship awarded by the Office shall be in an amount equal to 100 percent of the annual tuition, mandatory fees, and room and board of a resident undergraduate or graduate student, as appropriate, for the fall and spring semesters at the public eligible institution.</text> </paragraph> <paragraph num="C."> <text>For a student using the scholarship at a private nonprofit institution of higher education that is an eligible institution under this chapter, the scholarship awarded by the Office shall be in an amount equal to:</text> <paragraph num="(1)"> <text>For tuition and fees, the lesser of:</text> <paragraph num="(a)"> <text>100 percent of the annual tuition and mandatory fees of a resident undergraduate or graduate student, as appropriate, for the fall and spring semesters at the University of Maryland, College Park campus; or</text> </paragraph> <paragraph num="(b)"> <text>50 percent of the annual tuition and mandatory fees of a resident undergraduate or graduate student, as appropriate, for the fall and spring semesters at the private nonprofit institution of higher education; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For room and board, 100 percent of the room and board of a resident undergraduate or graduate student, as appropriate, for the fall and spring semesters at the private nonprofit institution of higher education.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Subject to the availability of funds, the award amount of a nonresident undergraduate or graduate student at a public or private nonprofit eligible institution may include an allowance for room and board costs, in an amount determined by the Office, but not more than 100 percent of the room and board of a resident undergraduate or graduate student at the institution, as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Initial Awards — Student Eligibility."> <paragraph num="A."> <text>Subject to the State budget, the Office annually shall determine students’ initial eligibility to receive a scholarship.</text> </paragraph> <paragraph num="B."> <text>Except as set forth in §C of this regulation, an applicant is eligible for a scholarship if the applicant:</text> <paragraph num="(1)"> <text>Does not have a Maryland professional teacher’s certificate;</text> </paragraph> <paragraph num="(2)"> <text>Is accepted for admission or currently enrolled at an eligible institution as a full-time or part-time undergraduate or graduate student pursuing a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate;</text> </paragraph> <paragraph num="(3)"> <text>Is a Maryland resident or has graduated from a Maryland high school;</text> </paragraph> <paragraph num="(4)"> <text>Has achieved at least:</text> <paragraph num="(a)"> <text>For a student currently enrolled in high school:</text> <paragraph num="(i)"> <text>A cumulative unweighted grade point average (GPA) of at least 3.3 on a 4.0 scale or its equivalent after completion of the first semester of the senior year;</text> </paragraph> <paragraph num="(ii)"> <text>An overall GPA in the top 15 percent of the student’s grade after the completion of the first semester of the senior year;</text> </paragraph> <paragraph num="(iii)"> <text>A combined reading and math score of at least 1100 on the SAT with a score of at least 500 on each of those portions; or</text> </paragraph> <paragraph num="(iv)"> <text>A composite ACT score of at least 25;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For a student who has graduated from high school and completed fewer than 12 college credits:</text> <paragraph num="(i)"> <text>An overall unweighted high school GPA of at least 3.3 on a 4.0 scale or its equivalent;</text> </paragraph> <paragraph num="(ii)"> <text>A combined reading and math score of at least 1100 on the SAT with a score of at least 500 on each of those portions; or</text> </paragraph> <paragraph num="(iii)"> <text>A composite ACT score of at least 25;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>For a student who has completed at least 12, but fewer than 24, undergraduate credits:</text> <paragraph num="(i)"> <text>A cumulative undergraduate GPA of at least 3.3 on a 4.0 scale and satisfactory progress toward a degree; or</text> </paragraph> <paragraph num="(ii)"> <text>A combined reading and math score of at least 1100 on the SAT with a score of at least 500 on each of these portions, provided that the student has a cumulative high school GPA of at least 3.0 on a 4.0 scale and satisfactory progress toward a degree;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For a student who has completed 24 or more undergraduate credits and does not have a bachelor’s degree:</text> <paragraph num="(i)"> <text>A cumulative undergraduate GPA of at least 3.3 on a 4.0 scale and satisfactory progress toward a degree; or</text> </paragraph> <paragraph num="(ii)"> <text>A score of at least 50 percent on the GRE, provided that the student has a cumulative undergraduate GPA of at least 3.0 on a 4.0 scale and satisfactory progress toward a degree; or</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>For a student who has a bachelor’s degree:</text> <paragraph num="(i)"> <text>An overall undergraduate GPA of at least 3.3 on a 4.0 scale; or</text> </paragraph> <paragraph num="(ii)"> <text>A score of at least 50 percent on the GRE, provided that the student has a cumulative undergraduate GPA of at least 3.0 on a 4.0 scale and satisfactory progress toward a degree;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Has demonstrated an exceptional dedication to or aptitude for teaching; and</text> </paragraph> <paragraph num="(6)"> <text>Timely files an application and all supporting documentation required by the Office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant is exempt from §B(3)—(5) of this regulation if, at the time they are scheduled to matriculate at an eligible institution, they will have been employed as a teaching assistant at a public school or public prekindergarten program in the State for at least 2 years.</text> </paragraph> <paragraph num="D."> <text>An applicant’s career history or prior course of study at an institution of postsecondary education may not exclude the applicant from eligibility for the scholarship.</text> </paragraph> <paragraph num="E."> <text>A determination made by the Office that an applicant is ineligible for an initial award is final and not subject to further review or appeal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Initial Awards — Application Process."> <paragraph num="A."> <text>To be considered for an initial award, a student shall submit to the Office, by the deadline established by the Office, an application form and all documentation required by this regulation. Untimely submission of any required materials shall disqualify an applicant from being awarded a scholarship.</text> </paragraph> <paragraph num="B."> <text>Form of Application. Except for applicants who are eligible for the scholarship under Regulation .05C of this chapter, all applicants shall submit:</text> <paragraph num="(1)"> <text>The Teaching Fellows for Maryland Scholarship application form;</text> </paragraph> <paragraph num="(2)"> <text>A written essay of at least 600 words detailing exceptional dedication to or aptitude for teaching;</text> </paragraph> <paragraph num="(3)"> <text>Documentation of GPA and standardized test score, as follows:</text> <paragraph num="(a)"> <text>For an applicant currently in high school:</text> <paragraph num="(i)"> <text>A high school transcript issued after the completion of the first semester of the senior year; and</text> </paragraph> <paragraph num="(ii)"> <text>If the transcript indicates a cumulative unweighted GPA of less than 3.3 on a 4.0 scale or its equivalent, an SAT or ACT score report or documentation, in a form prescribed by the Office, of class rank;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For an applicant who has graduated from high school and completed fewer than 12 college credits, whether or not currently enrolled:</text> <paragraph num="(i)"> <text>A final high school transcript; and</text> </paragraph> <paragraph num="(ii)"> <text>If the transcript indicates an overall unweighted high school GPA of less than 3.3 on a 4.0 scale or its equivalent, an SAT or ACT score report;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>For an applicant who has completed at least 12, but fewer than 24, undergraduate credits:</text> <paragraph num="(i)"> <text>The most recent college transcript; and</text> </paragraph> <paragraph num="(ii)"> <text>If the transcript indicates a cumulative undergraduate GPA of less than 3.3 on a 4.0 scale or its equivalent, an SAT or ACT score report;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For an applicant who has completed 24 or more undergraduate credits and has not earned a bachelor’s degree, whether or not currently enrolled:</text> <paragraph num="(i)"> <text>The most recent college transcript; and</text> </paragraph> <paragraph num="(ii)"> <text>If the transcript indicates a cumulative undergraduate GPA of less than 3.3 on a 4.0 scale or its equivalent, a GRE score report; or</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>For an applicant who has a bachelor’s degree, whether or not the applicant has completed graduate credits or earned a graduate degree:</text> <paragraph num="(i)"> <text>A final undergraduate transcript; and</text> </paragraph> <paragraph num="(ii)"> <text>If the transcript indicates a cumulative undergraduate GPA of less than 3.3 on a 4.0 scale or its equivalent, a GRE score report; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Any other documents required by the Office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant who is not required to submit an SAT, ACT, or GRE score report under §B of this regulation may submit the applicable test score report in addition to the applicant’s required materials.</text> </paragraph> <paragraph num="D."> <text>Form of Application — Teaching Assistant Applicants. In lieu of the documents in §B of this regulation, applicants who are eligible for the scholarship under Regulation .05C of this chapter shall submit:</text> <paragraph num="(1)"> <text>The Teaching Fellows for Maryland Scholarship application form;</text> </paragraph> <paragraph num="(2)"> <text>An Employment Verification Form available from the Office; and</text> </paragraph> <paragraph num="(3)"> <text>Any other documents required by the Office.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Office may request additional information or documentation from an applicant before determining eligibility for the award. Any requested information or documentation submitted after any deadline established by the Office will not be considered.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Renewal Awards."> <paragraph num="A."> <text>Except as set forth in §C of this regulation, an initial scholarship award under this chapter may be renewed annually for a maximum of three renewal awards.</text> </paragraph> <paragraph num="B."> <text>A student’s scholarship shall be eligible for renewal if the student:</text> <paragraph num="(1)"> <text>Continues to be a resident of the State or graduated from a high school in the State;</text> </paragraph> <paragraph num="(2)"> <text>Continues to be a full-time or part-time undergraduate or graduate student at an eligible institution pursuing a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate;</text> </paragraph> <paragraph num="(3)"> <text>Except as set forth in §D of this regulation, has maintained a cumulative grade point average of at least a 3.3 on a 4.0 scale, as demonstrated by the student’s most recent undergraduate or graduate transcript;</text> </paragraph> <paragraph num="(4)"> <text>Is determined by their institution to be maintaining satisfactory progress towards a degree; and</text> </paragraph> <paragraph num="(5)"> <text>Maintains the disciplinary standards of the institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Renewal of Award for Fifth Year.</text> <paragraph num="(1)"> <text>If a student is enrolled in a course of study or program that, as determined by the institution, requires 5 years to complete, an initial scholarship award may be renewed annually for a maximum of four renewal awards.</text> </paragraph> <paragraph num="(2)"> <text>The student shall request renewal of the award for a fifth year by submitting to the Office:</text> <paragraph num="(a)"> <text>Documentation from the institution that the course of study or program in which the student is enrolled requires 5 years to complete; and</text> </paragraph> <paragraph num="(b)"> <text>Any other documents requested by the Office.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Determinations made by the Office under this section are final and not subject to further review or appeal.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Waiver of GPA Requirement Based on Extenuating Circumstances.</text> <paragraph num="(1)"> <text>A student who has not achieved the required GPA shall be eligible to receive a renewal award if the student provides the Office with documentation of extenuating circumstances and the Office determines that the documentation provides sufficient evidence of the extenuating circumstances.</text> </paragraph> <paragraph num="(2)"> <text>The student shall request a waiver by submitting to the Office:</text> <paragraph num="(a)"> <text>A letter explaining the extenuating circumstances and why they prevented the student from achieving the required GPA;</text> </paragraph> <paragraph num="(b)"> <text>Any documentation of the occurrence of the extenuating circumstances;</text> </paragraph> <paragraph num="(c)"> <text>Any other relevant supporting documentation; and</text> </paragraph> <paragraph num="(d)"> <text>Any other documents requested by the Office.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Waiver determinations made by the Office are final and not subject to further review or appeal.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Selection of Recipients."> <paragraph num="A."> <text>If the number of applicants for awards exceeds the amount of funds available, eligible applicants will be selected pursuant to §§B—E of this regulation.</text> </paragraph> <paragraph num="B."> <text>Renewal Awards. Priority shall be given to applicants who are renewing an award under Regulation .07 of this chapter.</text> </paragraph> <paragraph num="C."> <text>High School and Undergraduate Students.</text> <paragraph num="(1)"> <text>If funds remain after awards are made to students under §B of this regulation, priority shall be given to initial applicants who have not yet earned an undergraduate degree.</text> </paragraph> <paragraph num="(2)"> <text>If the number of applicants under this section exceeds the amount of funds available, applicants shall be ranked in descending order by GPA or the GPA equivalent, as established by the Office, of the applicant’s SAT, ACT, or GRE score, whichever is higher.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Teaching Assistants.</text> <paragraph num="(1)"> <text>If funds remain after awards are made to students under §§B and C of this regulation, priority shall be given to initial applicants who have applied as teaching assistants under Regulation .06D of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If the number of applicants under this section exceeds the amount of funds available, applicants shall be ranked according to application submission date.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Graduate Students.</text> <paragraph num="(1)"> <text>If funds remain after awards are made to students under §§B—D of this regulation, awards shall be made to applicants who have already earned an undergraduate degree.</text> </paragraph> <paragraph num="(2)"> <text>If the number of applicants under this section exceeds the amount of funds available, applicants will be ranked in descending order by GPA or the GPA equivalent, as established by the Office, of the applicant’s GRE score, whichever is higher.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An eligible applicant who does not receive an award shall be notified and placed on a waiting list.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Award Notification and Acceptance."> <paragraph num="A."> <text>A recipient shall be notified by the Office of an award offer in writing, which may include electronic mail.</text> </paragraph> <paragraph num="B."> <text>The recipient shall have 6 weeks from the date notification was sent by the Office to accept the award. A recipient who does not accept the award in that time period will not receive an award.</text> </paragraph> <paragraph num="C."> <text>A recipient shall log into MDCAPS in order to accept an award offer unless permitted by the Director to provide an alternative form of written acceptance.</text> </paragraph> <paragraph num="D."> <text>Additional Requirements for Receipt of Award.</text> <paragraph num="(1)"> <text>To receive the award, a recipient shall, by the deadline established by the Office:</text> <paragraph num="(a)"> <text>Execute the written agreement with the Commission described in Regulation .11B of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Sign the promissory note described in Regulation .11B of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A recipient who does not timely complete the requirements of this section will not receive an award.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Certification and Disbursement."> <paragraph num="A."> <text>Annual awards shall be disbursed in two installments, one per semester.</text> </paragraph> <paragraph num="B."> <text>Certification of Initial Awards. Before an initial award is disbursed, eligible institutions shall certify, on billing rosters provided by the Office, that a recipient is:</text> <paragraph num="(1)"> <text>If applicable, a Maryland resident; and</text> </paragraph> <paragraph num="(2)"> <text>Enrolled as a full-time or part-time undergraduate or graduate student, as applicable, pursuing a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Certification of Renewal Awards. Before a renewal award is disbursed, eligible institutions shall certify, on billing rosters provided by the Office, that a recipient:</text> <paragraph num="(1)"> <text>If applicable, continues to be a Maryland resident;</text> </paragraph> <paragraph num="(2)"> <text>Continues to be enrolled as a full-time or part-time undergraduate or graduate student, as applicable, pursuing a course of study or program in an academic discipline leading to a Maryland professional teacher’s certificate;</text> </paragraph> <paragraph num="(3)"> <text>Has maintained a cumulative GPA of at least 3.3 on a 4.0 scale;</text> </paragraph> <paragraph num="(4)"> <text>Is maintaining satisfactory academic progress toward a degree; and</text> </paragraph> <paragraph num="(5)"> <text>Is maintaining the disciplinary standards of the institution.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An institution shall provide certification to the Office and request payment for all recipients on a semester basis no later than:</text> <paragraph num="(1)"> <text>December 15, for the fall semester; and</text> </paragraph> <paragraph num="(2)"> <text>May 15, for the spring semester.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An institution that fails to timely certify and request payment for all recipients under §D of this regulation may not certify recipients for the subsequent semester until all prior semester awards have been certified and disbursed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Scholarship Conditions and Repayment."> <paragraph num="A."> <text>Recipient Obligations. A scholarship recipient shall:</text> <paragraph num="(1)"> <text>Maintain all scholarship eligibility requirements set forth in Education Article, Title 18, Subtitle 22, Annotated Code of Maryland, and this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Satisfy the degree requirements of the course of study or program for which the scholarship was received;</text> </paragraph> <paragraph num="(3)"> <text>After completion of the course of study or program for which the scholarship was received, perform a service obligation that meets the requirements of Regulation .12 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Become professionally certified to teach in the State of Maryland no later than 2 years after completion of the course of study or program for which the scholarship was received; and</text> </paragraph> <paragraph num="(5)"> <text>Satisfy any other criteria established by the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Required Documents. A recipient shall:</text> <paragraph num="(1)"> <text>Enter into a written agreement with the Commission, in the form and manner prescribed by the Office, to meet the scholarship conditions in §A of this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Sign a promissory note, in the form prescribed by the Office, to repay the award if the recipient does not perform the obligations set forth in the written agreement.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Conversion of Scholarship to Loan.</text> <paragraph num="(1)"> <text>Except as provided in Regulation .12 of this chapter, if a recipient breaches the agreement or promissory note in §B of this regulation, the scholarship shall be converted to a student loan, payable to the State.</text> </paragraph> <paragraph num="(2)"> <text>Except as set forth in §C(3) of this regulation, the amount of the loan shall be equivalent to the total of the awards received by the recipient from the State.</text> </paragraph> <paragraph num="(3)"> <text>The loan amount may be prorated based on partial fulfillment of the service obligation.</text> </paragraph> <paragraph num="(4)"> <text>Interest on the loan shall be charged at an interest rate equal to the interest rate established by the United States Department of Education for the Federal Stafford Loan on July 1st each year. Interest will not accrue prior to a recipient’s graduation or termination from an eligible institution.</text> </paragraph> <paragraph num="(5)"> <text>The Office shall establish a repayment schedule for the loan. Except as otherwise provided in this regulation, repayment shall be made to the State within 6 years after the repayment period begins.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Loan Forgiveness.</text> <paragraph num="(1)"> <text>The Office shall partially forgive a recipient's repayment obligation, in an amount equal to 2 years’ awards, if it determines that:</text> <paragraph num="(a)"> <text>The recipient has:</text> <paragraph num="(i)"> <text>Taken the teacher certification examination approved by the State Board of Education, in 2 consecutive years; and</text> </paragraph> <paragraph num="(ii)"> <text>Failed to pass the teacher certification examination within 2 years after completion of the course of study or program for which the scholarship was received; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The recipient has provided to the Office satisfactory evidence of extenuating circumstances that prevented the recipient from becoming professionally certified to teach in the State.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Decisions of the Office regarding loan forgiveness are final and not subject to further review or appeal.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Service Obligation Requirements."> <paragraph num="A."> <text>Allowable Employment.</text> <paragraph num="(1)"> <text>Generally. Except as set forth in §B(2) of this regulation, the service obligation requirement in Regulation .11A of this chapter shall be fulfilled by employment of at least 35 hours a week as a teacher at:</text> <paragraph num="(a)"> <text>A public school in the State that has at least 50 percent of its students eligible for free or reduced price meals; or</text> </paragraph> <paragraph num="(b)"> <text>A public prekindergarten program in the State that has at least 50 percent of its students eligible for free or reduced price meals.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Employment Unavailable.</text> <paragraph num="(a)"> <text>If, after aggressively seeking employment for a position that meets the requirements set forth in §A(1) of this regulation, a recipient is unable to perform the service requirement in this section because there are no available positions that meet these requirements, the service obligation may take place in any public school or public prekindergarten program in the State.</text> </paragraph> <paragraph num="(b)"> <text>A recipient described in §A(2)(a) of this regulation shall provide to the Office documentation that provides sufficient evidence, as determined by the Office, that there are no available positions that meet the requirements of §A(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The service obligation requirement may not be fulfilled by:</text> <paragraph num="(a)"> <text>Employment as a teaching assistant;</text> </paragraph> <paragraph num="(b)"> <text>Volunteer service; or</text> </paragraph> <paragraph num="(c)"> <text>A fellowship or internship.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Duration.</text> <paragraph num="(1)"> <text>Undergraduate Students. For each year a recipient receives a scholarship for an undergraduate program, the recipient shall perform the service obligation for 1 year.</text> </paragraph> <paragraph num="(2)"> <text>Graduate Students. A recipient who receives a scholarship for a graduate program shall perform the service obligation for at least 2 years.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Deferment.</text> <paragraph num="(1)"> <text>A recipient may request that the service obligation be deferred during the time the recipient is:</text> <paragraph num="(a)"> <text>Enrolled full-time or part-time in a graduate certificate or degree program in Education in the State;</text> </paragraph> <paragraph num="(b)"> <text>On a temporary leave of absence of less than 12 months from an allowable employer under this regulation, approved by the employer;</text> </paragraph> <paragraph num="(c)"> <text>Temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation, for a period not to exceed 3 years;</text> </paragraph> <paragraph num="(d)"> <text>Unable to maintain employment because the recipient must care for a spouse or child who is disabled, for a period not to exceed 12 months;</text> </paragraph> <paragraph num="(e)"> <text>Assigned military duty outside of the State, for a period not to exceed 3 years unless the Director determines that special circumstances exist that warrant a longer period; or</text> </paragraph> <paragraph num="(f)"> <text>Married to a spouse assigned military duty outside of the State, for a period not to exceed 3 years unless the Director determines that special circumstances exist that warrant a longer period.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A recipient’s deferment request shall include satisfactory supporting documentation, consisting of the following, as appropriate:</text> <paragraph num="(a)"> <text>Certification by an institute in the State that the recipient is enrolled in a full-time or part-time graduate certificate or degree program in Education;</text> </paragraph> <paragraph num="(b)"> <text>Certification by the employer that the recipient is on a temporary approved leave of absence;</text> </paragraph> <paragraph num="(c)"> <text>A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipient’s ability to perform the service obligation;</text> </paragraph> <paragraph num="(d)"> <text>A sworn affidavit by a qualified physician that the recipient is unable to maintain employment because the recipient must care for a spouse or child who is disabled; or</text> </paragraph> <paragraph num="(e)"> <text>A copy of military orders.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Office shall review all documentation, determine if the deferment conditions have been met, and, if so, determine the deferment period.</text> </paragraph> <paragraph num="(4)"> <text>Decisions of the Office regarding deferment are final and not subject to further review or appeal.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105 and 18-204 and Title 18, Subtitle 22, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 25, 2022 (49:15 Md. R. 739)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61)</annotation> </annotations> </chapter> <chapter num="23" heading="Workforce Development Sequence Scholarship"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of the Workforce Development Sequence Scholarship is to provide financial assistance to students enrolled in workforce development sequences at community colleges in the State or registered apprenticeship programs that partner with community colleges in the State.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Associated costs of attendance” means costs incurred by a student to purchase books or equipment that are necessary for the completion of the workforce development sequence for which the student is receiving a Workforce Development Sequence Scholarship, and any related testing fees for licensure or certification.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(3)"> <text>“Noncredit certificate” means a document issued by a community college to a student certifying that the student has completed a noncredit sequence of courses.</text> </paragraph> <paragraph num="(4)"> <text>“Office” means the Office of Student Financial Assistance within the Commission.</text> </paragraph> <paragraph num="(5)"> <text>“Registered apprenticeship program” means an apprenticeship program approved by the Division of Workforce Development and Adult Learning in the Maryland Department of Labor.</text> </paragraph> <paragraph num="(6)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(7)"> <text>Workforce Development Sequence.</text> <paragraph num="(a)"> <text>“Workforce development sequence” means:</text> <paragraph num="(i)"> <text>A group of noncredit courses, approved by the Commission, that is offered by a community college and composed of courses related to job preparation, an apprenticeship, licensure, certification, or job skill enhancement; or</text> </paragraph> <paragraph num="(ii)"> <text>A registered apprenticeship program.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Workforce development sequence” does not include a sequence of courses leading to an associate or bachelor’s degree.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Workforce Development Sequence Scholarship” or “Scholarship” means an award made to an eligible student under this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Establishment and Administration."> <paragraph num="A."> <text>There is a Workforce Development Sequence Scholarship, which shall be administered by the Office consistent with this chapter and pursuant to participation agreements with participating community colleges.</text> </paragraph> <paragraph num="B."> <text>To participate in the Workforce Development Sequence Scholarship, a community college shall enter into a participation agreement with the Office, upon the terms prescribed by the Secretary, which, at a minimum, shall include terms to:</text> <paragraph num="(1)"> <text>Safeguard the confidentiality of personally identifiable information;</text> </paragraph> <paragraph num="(2)"> <text>Ensure the accuracy of student eligibility determinations under this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Provide for the return by the college to the Office any Scholarships not awarded consistent with this chapter and the participation agreement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval of a Workforce Development Sequence."> <paragraph num="A."> <text>A community college shall apply to the Commission for approval of a workforce development sequence on a form prescribed by the Secretary.</text> </paragraph> <paragraph num="B."> <text>The Secretary shall approve a workforce development sequence application if:</text> <paragraph num="(1)"> <text>The Secretary determines that completion of the courses in the sequence results in the issuance of a noncredit certificate to the student; and</text> </paragraph> <paragraph num="(2)"> <text>Each course in the sequence:</text> <paragraph num="(a)"> <text>Is eligible to be funded through Pell grants under Title IV of the federal Higher Education Act;</text> </paragraph> <paragraph num="(b)"> <text>Is eligible to be funded through the federal Workforce Innovation and Opportunity Act;</text> </paragraph> <paragraph num="(c)"> <text>Is designed to prepare an individual to sit for a licensing exam required by a State regulatory agency for employment in a specific occupational field;</text> </paragraph> <paragraph num="(d)"> <text>Is a required component of a registered apprenticeship; or</text> </paragraph> <paragraph num="(e)"> <text>In the Secretary’s determination:</text> <paragraph num="(i)"> <text>Is approved for State funding through the Request for State Funding of a Continuing Education Course (CC-10) application process; and</text> </paragraph> <paragraph num="(ii)"> <text>Has the purpose of job enhancement or job preparation, or leads to licensure or certification for an occupation that requires licensure or certification.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Student Eligibility."> <paragraph num="A."> <text>To be eligible to receive a Workforce Development Sequence Scholarship, a student shall satisfy the criteria set forth in §§B and C of this regulation.</text> </paragraph> <paragraph num="B."> <text>Residency. A student is eligible for a scholarship if the student:</text> <paragraph num="(1)"> <text>Graduated from a Maryland high school;</text> </paragraph> <paragraph num="(2)"> <text>Is a Maryland resident; or</text> </paragraph> <paragraph num="(3)"> <text>Is an active duty member of the U.S. Military who resides in the State or is stationed or domiciled in the State.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Enrollment. A student is eligible for a scholarship if the student is:</text> <paragraph num="(1)"> <text>Enrolled in a workforce development sequence at a community college that has entered into a participation agreement with the Office; or</text> </paragraph> <paragraph num="(2)"> <text>Directly enrolled in a registered apprenticeship program that partners with a community college that has entered into a participation agreement with the Office.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Award Amount and Use."> <paragraph num="A."> <text>A Workforce Development Sequence Scholarship may not exceed $2,000 per student annually.</text> </paragraph> <paragraph num="B."> <text>A Workforce Development Sequence Scholarship shall be used solely for tuition, mandatory fees, costs to participate in a registered apprenticeship program, and other associated costs of attendance that have not been met through another grant or scholarship by the State or employer.</text> </paragraph> <paragraph num="C."> <text>A Workforce Development Sequence Scholarship may be combined with any other grant or scholarship, provided that the total amount of grants or scholarships does not exceed the student’s tuition, mandatory fees, apprenticeship costs, and other associated costs of attendance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Institutional Allocation."> <paragraph num="A."> <text>At the beginning of each State fiscal year, and no later than August 15, the Office shall notify each participating community college of the total dollar amount of funds allocated to the institution for awards.</text> </paragraph> <paragraph num="B."> <text>The Office shall annually allocate the funds appropriated for the Workforce Development Sequence Scholarship in the State budget based on a community college’s pro rata share of the total FTE enrollment in workforce development sequences, based on the most recently available Enrollment Report for Equated Credit Continuing Courses (CC3 report).</text> </paragraph> <paragraph num="C."> <text>On a date established by the Office, each community college shall be initially disbursed half of the amount of their annual allocation as calculated under §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>The amount of total funds remaining after the initial disbursement shall be disbursed as follows:</text> <paragraph num="(1)"> <text>A community college that has awarded at least 66 percent of their initial disbursement by December 31 shall receive the remaining half of the amount calculated under §B of this regulation in a second disbursement on a date established by the Office.</text> </paragraph> <paragraph num="(2)"> <text>A community college that has awarded 95 percent of their initial disbursement prior to December 31 shall notify the Office and the Office may, at its discretion, provide the second disbursement to the community college at an earlier date.</text> </paragraph> <paragraph num="(3)"> <text>If a community college has awarded less than 66 percent of their initial disbursement by December 31, the community college shall consult with the Office. If the community college determines, after consultation with the Office, that the community college is unlikely to need the entirety of the remaining 50 percent of the amount calculated under §B of this regulation, the community college may authorize the Office to retain all or part of the remaining 50 percent of their annual allocation for reallocation to community colleges that have awarded a higher percentage of their disbursement.</text> </paragraph> <paragraph num="(4)"> <text>The Office shall calculate the reallocation of the funds retained under §D (3) of this regulation to community colleges based on a community college’s pro rata share of the amount of funds from the initial disbursement awarded to students by each community college by December 31.</text> </paragraph> <paragraph num="(5)"> <text>The Office shall notify the community colleges of the amount of any reallocated funds they will receive no later than January 21.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Disbursement and Reallocation of Funds. — Repealed." /> <regulation prefix="Regulation" num=".09" heading="Distribution of Awards to Students."> <paragraph num="A."> <text>Selection Criteria. In determining the selection criteria to be applied to award applicants, a community college:</text> <paragraph num="(1)"> <text>Shall ensure that awards are made only to students who are eligible under Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>May not make an award to any student who already has received the award for two workforce development sequences, regardless of the duration, cost, or successful completion of the sequences; and</text> </paragraph> <paragraph num="(3)"> <text>May determine the prioritization of awards based upon any of the following criteria:</text> <paragraph num="(a)"> <text>The workforce needs of the service area of the institution;</text> </paragraph> <paragraph num="(b)"> <text>The availability to the applicant of other funds;</text> </paragraph> <paragraph num="(c)"> <text>Whether the student has received the award previously; and</text> </paragraph> <paragraph num="(d)"> <text>The order in which applications were submitted by applicants.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Compliance with State and Federal Law. A community college shall administer the Workforce Development Sequence Scholarship consistent with State and federal law.</text> </paragraph> <paragraph num="C."> <text>Nondiscrimination. A community college may not discriminate against applicants, prospective applicants, or awardees based upon sex, race, ethnicity, religion, disability, sexual orientation, or sexual identity.</text> </paragraph> <paragraph num="D."> <text>Reporting to Commission. A community college shall report to the Office annually regarding the selection criteria used by the college under §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Continuation of Workforce Development Sequence."> <paragraph num="A."> <text>Approval of a Workforce Development Sequence terminates when the condition under which the sequence was approved ceases, including by:</text> <paragraph num="(1)"> <text>A determination by the U.S. Department of Education that one or more of the courses in the sequence are no longer eligible to be funded through Pell grants under Title IV of the federal Higher Education Act;</text> </paragraph> <paragraph num="(2)"> <text>A determination by the Maryland Department of Labor that the sequence is no longer eligible to be funded through the federal Workforce Innovation and Opportunity Act;</text> </paragraph> <paragraph num="(3)"> <text>A determination by a licensing board that the licensing exam that is the subject of the sequence no longer is required for employment in a specific occupational field;</text> </paragraph> <paragraph num="(4)"> <text>A determination by the Maryland Department of Labor that the sequence is no longer a required component of a registered apprenticeship; or</text> </paragraph> <paragraph num="(5)"> <text>A determination by the Secretary that:</text> <paragraph num="(a)"> <text>Any course in the sequence is no longer eligible for State funding through the CC-10 application process; or</text> </paragraph> <paragraph num="(b)"> <text>The sequence no longer has the purpose of job enhancement or job preparation, or no longer leads to licensure or certification for occupations that require the licensure or certification.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A community college shall notify the Commission immediately if the Workforce Development Sequence discontinues, or if any of the circumstances enumerated in §A of this regulation occurs.</text> </paragraph> <paragraph num="C."> <text>If a workforce development sequence is discontinued or terminated, the community college either shall reallocate workforce development sequence funds towards another workforce development sequence, or shall return the unused funds to the Office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Record Keeping, Audits, and Annual Reports."> <paragraph num="A."> <text>All financial books, records, and documents pertaining to the Workforce Development Sequence Scholarship program shall be open to inspection, review, and audit at all times by the Commission, the State auditor, or their authorized representatives.</text> </paragraph> <paragraph num="B."> <text>A community college shall include the Workforce Development Sequence Scholarship program in any independent audit conducted for the college on State financial aid programs.</text> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, each community college that participates in the Workforce Development Sequence Scholarship program shall submit to the Office:</text> <paragraph num="(1)"> <text>By October 15, a report of all initial awards for the academic year that includes for each award the:</text> <paragraph num="(a)"> <text>Name and social security number of each award recipient;</text> </paragraph> <paragraph num="(b)"> <text>Cost of attendance for each sequence of courses;</text> </paragraph> <paragraph num="(c)"> <text>Amount awarded to each recipient;</text> </paragraph> <paragraph num="(d)"> <text>Workforce development sequence in which each recipient is enrolled;</text> </paragraph> <paragraph num="(e)"> <text>Any registered apprenticeship in which the recipient participated;</text> </paragraph> <paragraph num="(f)"> <text>State and county residency of each award recipient; and</text> </paragraph> <paragraph num="(g)"> <text>For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>By January 15, a report of subsequent awards for the academic year that includes for each award the:</text> <paragraph num="(a)"> <text>Name and social security number of each award recipient;</text> </paragraph> <paragraph num="(b)"> <text>Cost of attendance for each sequence of courses;</text> </paragraph> <paragraph num="(c)"> <text>Amount awarded to each recipient;</text> </paragraph> <paragraph num="(d)"> <text>Workforce development sequence in which each recipient is enrolled;</text> </paragraph> <paragraph num="(e)"> <text>Any registered apprenticeship in which the recipient participated;</text> </paragraph> <paragraph num="(f)"> <text>State and county residency of each award recipient; and</text> </paragraph> <paragraph num="(g)"> <text>For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>By June 15, a final, end-of-year report that provides a final cumulative list of recipients that includes for each award the:</text> <paragraph num="(a)"> <text>Name, social security number, and date of birth of each award recipient;</text> </paragraph> <paragraph num="(b)"> <text>Cost of attendance for each sequence of courses;</text> </paragraph> <paragraph num="(c)"> <text>Gender, race, and ethnicity of each award recipient;</text> </paragraph> <paragraph num="(d)"> <text>Amount awarded to each recipient;</text> </paragraph> <paragraph num="(e)"> <text>Workforce development sequence in which each recipient is enrolled;</text> </paragraph> <paragraph num="(f)"> <text>Any registered apprenticeship in which the recipient participated;</text> </paragraph> <paragraph num="(g)"> <text>State and county residency of each award recipient;</text> </paragraph> <paragraph num="(h)"> <text>For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated; and</text> </paragraph> <paragraph num="(i)"> <text>The number of current year recipients registering for the following year to continue their sequence of courses; and</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Any additional information required by the Office pursuant to the participating agreement.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 18-204(c), and Title 18, Subtitle 33, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 14, 2019 (46:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 18, 2025 (52:16 Md. R. 847)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, C amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D repealed effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective August 18, 2025 (52:16 Md. R. 847)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective March 21, 2022 (49:6 Md. R. 405)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D repealed effective March 21, 2022 (49:6 Md. R. 405</annotation> </annotations> </chapter> </subtitle> <subtitle num="09" heading="Institutional Sexual Assault Policies"> <chapter num="01" heading="Legal Representation Fund for Title IX Proceedings"> <regulation prefix="Regulation" num=".01" heading="Establishment."> <paragraph num="A."> <text>There is a Legal Representation Fund for Title IX Proceedings.</text> </paragraph> <paragraph num="B."> <text>The Fund shall be administered by the Commission pursuant to Education Article, §11-601, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Maryland Higher Education Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Complainant” means a current or former student of an institution of higher education operating within the State who:</text> <paragraph num="(a)"> <text>Makes a complaint to an institution of higher education on which a formal Title IX investigation is initiated; and</text> </paragraph> <paragraph num="(b)"> <text>Was enrolled at the institution at the time of the incident that is the basis of the complaint.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Fund” means the Legal Representation Fund for Title IX Proceedings.</text> </paragraph> <paragraph num="(4)"> <text>“Respondent” means a current or former student of an institution of higher education operating within the State who:</text> <paragraph num="(a)"> <text>Responds to a complaint on which a formal Title IX investigation is initiated; and</text> </paragraph> <paragraph num="(b)"> <text>Was enrolled as a student at the institution at the time of the incident that is the basis of the complaint.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Secretary” means the Secretary of Higher Education.</text> </paragraph> <paragraph num="(6)"> <text>“Title IX proceeding” or “Title IX investigation” means an institution’s formal process of investigating and resolving a written complaint under Title IX of the federal Education Amendments of 1972, 20 U.S.C. §1681, as amended.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Institutional Policies."> <paragraph num="A."> <text>Each institution of higher education that is required to adopt a sexual assault policy under Education Article, §11-601, Annotated Code of Maryland, shall include within the policy provisions that a complainant or respondent may:</text> <paragraph num="(1)"> <text>Obtain from the Commission, through its website, a list of licensed attorneys who have indicated that they will represent complainants or respondents in Title IX proceedings on a pro bono basis or for reduced legal fees; and</text> </paragraph> <paragraph num="(2)"> <text>Through the complainant’s or respondent’s attorney, seek payment for the attorney of certain legal costs and fees from the Commission’s Legal Representation Fund for Title IX Proceedings, subject to the availability of funding.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The institution shall display prominently in its policy, and shall make available to students, the information contained in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Administration of the Fund."> <paragraph num="A."> <text>The Fund shall be funded through, and subject to, an appropriation specified in the State budget.</text> </paragraph> <paragraph num="B."> <text>Claims for reimbursement submitted under Regulation .05 of this chapter may be granted subject to the availability of funds.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Claims for Reimbursement of Legal Fees."> <paragraph num="A."> <text>An attorney licensed in the State who has represented a complainant or respondent in Title IX proceedings may seek reimbursement from the Fund, for up to 20 hours of legal costs and fees, by submitting an application to the Commission in the form prescribed by the Secretary.</text> </paragraph> <paragraph num="B."> <text>The application form prescribed by the Secretary shall require the attorney to disclose, at a minimum:</text> <paragraph num="(1)"> <text>Information about the Title IX proceeding, including the identity of the institution and the time period of legal representation;</text> </paragraph> <paragraph num="(2)"> <text>The attorney’s retainer agreement with the complainant or respondent;</text> </paragraph> <paragraph num="(3)"> <text>A detailed billing statement of legal services provided to the complainant or respondent;</text> </paragraph> <paragraph num="(4)"> <text>Certification from the attorney that the billing statement is accurate and complete;</text> </paragraph> <paragraph num="(5)"> <text>Written authorization, signed by the client, that:</text> <paragraph num="(a)"> <text>The attorney may seek reimbursement from the Fund to pay the client’s fees; and</text> </paragraph> <paragraph num="(b)"> <text>If applicable, the client understands and agrees that the client is responsible for paying any fees that are not reimbursed through the Fund; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Certification from the attorney that, if the attorney is included within the pool created under Regulation .06 of this chapter, the attorney has not charged, and will not charge, the client any costs and fees in excess of the reduced rate identified in Regulation .06 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Pool of Attorneys Accepting Pro Bono Clients or Reduced Fees."> <paragraph num="A."> <text>After consultation with legal service providers with expertise about sexual assault and with State and local bar associations, the Commission shall create and maintain a list of attorneys, each of whom represents and agrees that he or she:</text> <paragraph num="(1)"> <text>Is licensed to practice law in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Is in good standing with the Maryland Court of Appeals;</text> </paragraph> <paragraph num="(3)"> <text>Has malpractice insurance sufficient to cover representation in a Title IX proceeding;</text> </paragraph> <paragraph num="(4)"> <text>Is qualified and willing to represent a complainant, a respondent, or either, in a Title IX proceeding; and</text> </paragraph> <paragraph num="(5)"> <text>Shall represent complainants or respondents in Title IX proceedings:</text> <paragraph num="(a)"> <text>On a pro bono basis; or</text> </paragraph> <paragraph num="(b)"> <text>At fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation established under Human Services Article, Title 11, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Secretary shall identify, and shall publish on the Commission’s website, the hourly fees and costs that may be charged by an attorney on the list created under §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>The Commission may not recommend, insure, or endorse an attorney, law firm, or legal services agency, and is not liable for any acts or omissions of the attorney, the law firm, or the legal services agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Reimbursements from the Fund."> <paragraph num="A."> <text>The Commission shall grant a claim for reimbursement submitted under Regulation .05 of this chapter if it determines, in its sole discretion, that:</text> <paragraph num="(1)"> <text>The application submitted under Regulation .05 of this chapter is complete and accurate;</text> </paragraph> <paragraph num="(2)"> <text>The legal services for which reimbursement is sought were provided to a complainant or respondent solely in connection with a Title IX proceeding at an institution of higher education operating within the State;</text> </paragraph> <paragraph num="(3)"> <text>The legal costs and fees for which reimbursement is sought are reasonable; and</text> </paragraph> <paragraph num="(4)"> <text>The Fund contains sufficient funds to grant the reimbursement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission may not reimburse any legal costs or fees associated with a civil or criminal matter, or associated with an administrative matter that is not a Title IX proceeding at an institution operating in Maryland.</text> </paragraph> <paragraph num="C."> <text>The Commission shall reimburse costs or fees only at rates equivalent to those paid to attorneys under civil-legal services programs administered by the Maryland Legal Services Corporation established under Human Services Article, Title 11, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>The Commission’s decision whether, and in what amount, to provide reimbursement under this chapter is final and not subject to further review.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Education Article, §§11-105(u) and 11-601, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2019 (46:13 Md. R. 590)</annotation> </annotations> </chapter> </subtitle>