<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 13B.01.03.07" title_num="13B" subtitle_num="01" chapter_num="03" 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>