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<regulation prefix="Regulation" num=".13" citation="COMAR 13B.02.02.13" title_num="13B" subtitle_num="02" chapter_num="02" 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>