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. Waiver. In extraordinary circumstances, an out-of-State institution may request a waiver of the requirements of §A of this regulation. 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. A waiver may be granted if the waiver is justified by: The specialized or technical nature of the institution's curriculum; or 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. In determining the adequacy of the library collection of an existing institution, the Secretary shall consider relevant guidelines of professional associations and library associations.