# COMAR Title 13B — Maryland Higher Education Commission

## Subtitle 02 — Academic Regulations

### Chapter 03 — Academic Programs — Degree-Granting Institutions

**Authority:** Education Article, Titles 11 and 16, Annotated Code of Maryland

**Administrative History:** Effective date: July 1, 1980 (7:13 Md. R. 1280)

**Administrative History:** Chapter recodified from COMAR 13.50.05 to 13B.02.03

**Administrative History:** Regulations .01—.14, Minimum Requirements for Degree-Granting 2-Year Colleges, repealed effective December 14, 1987 (14:25 Md. R. 2662)

**Administrative History:** Regulations .01—.16, Minimum Requirements for Associate Degree-Granting Institutions, adopted effective December 14, 1987 (14:25 Md. R. 2662)

**Administrative History:** Regulation .02B amended effective April 17, 1989 (16:7 Md. R. 812)

**Administrative History:** Regulations .01—.16, Minimum Requirements for Associate Degree-Granting Institutions, repealed effective April 10, 1995 (22:7 Md. R. 537)

**Administrative History:** Regulations .01—.32, Academic Programs — Degree-Granting Institutions, adopted effective July 1, 1996 (23:13 Md. R. 945)

**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)

**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)

**Administrative History:** Regulation .03E amended effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .04 amended effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .23 amended effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .24 amended effective April 15, 2002 (29:7 Md. R. 621)

**Administrative History:** Regulation .25 repealed effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .26E amended effective July 24, 2000 (27:14 Md. R. 1343)

**Administrative History:** Regulation .26 amended and recodified to Regulation .25 effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .26 adopted effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .33 adopted effective September 17, 2001 (28:18 Md. R. 1622)

**Administrative History:** Regulation .33C amended effective June 23, 2003 (30:12 Md. R. 791)

**Administrative History:** Regulation .34 adopted effective October 19, 2009 (36:21 Md. R. 1593)

**Administrative History:** Chapter revised effective April 2, 2012 (39:6 Md. R. 409)

**Administrative History:** Regulation .02B amended effective March 16, 2015 (42:5 Md. R. 487); May 7, 2018 (45:9 Md. R. 462)

**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

**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)

**Administrative History:** Regulation .02-1B amended effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .03E amended effective May 7, 2018 (45:9 Md. R. 462); January 31, 2025 (51:25 Md. R. 1142)

**Administrative History:** Regulation .03F amended effective January 31, 2025 (51:25 Md. R. 1142)

**Administrative History:** Regulation .03G amended effective January 31, 2025 (51:25 Md. R. 1142)

**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)

**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)

**Administrative History:** Regulation .07 amended effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .10 amended effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .11H adopted effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .13C adopted effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .15C adopted effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .19 repealed and new Regulation .19 adopted effective August 22, 2022 (49:17 Md. R. 790)

**Administrative History:** Regulation .20 amended effective January 31, 2025 (51:25 Md. R. 1142)

**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

**Administrative History:** Regulation .20A amended effective March 25, 2019 (46:5 Md. R. 346)

**Administrative History:** Regulation .22 amended effective May 7, 2018 (45:9 Md. R. 462)

**Administrative History:** Regulation .24 amended effective October 28, 2013 (40:21 Md. R. 1780)

**Administrative History:** Regulation .24D amended effective June 29, 2020 (47:13 Md. R. 642)

**Administrative History:** Regulation .24D, I amended effective November 18, 2019 (46:23 Md. R. 1066)

**Administrative History:** Regulation .28 amended effective December 1, 2024 (51:23 Md. R. 1037)

**Administrative History:** Regulation .29 adopted effective May 7, 2018 (45:9 Md. R. 462)

#### Regulation .01 Scope.

*COMAR 13B.02.03.01*

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.

#### Regulation .02 Definitions.

*COMAR 13B.02.03.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Area of concentration” means a sequential arrangement of courses within a program that:

    (a) At the associate’s level is at least 12 semester credit hours, and not greater than 30 semester credit hours;

    (b) At the bachelor’s level is at least 24 semester credit hours;

    (c) At the master’s level is at least 12 semester credit hours above the bachelor’s degree; and

    (d) At the doctoral level is at least 18 semester credit hours above the master’s degree.

  (2) “Articulation agreement” has the meaning stated in COMAR 13B.06.02.02.

  (3) “Certificate” includes:

    (a) Lower division certificate;

    (b) Upper division certificate;

    (c) Post-baccalaureate certificate;

    (d) Post-master's certificate;

    (e) Professional certificate;

    (f) Certificate of advanced study; and

    (g) Directed Technology Certificate.

  (4) “Commission” means the Maryland Higher Education Commission.

  (4-1) “C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.

  (5) “Degree” includes:

    (a) Associate of Applied Science (A.A.S.);

    (b) Associate of Arts (A.A.);

    (c) Associate of Arts in Teaching (A.A.T.);

    (d) Associate of Fine Arts (A.F.A.);

    (e) Associate of Science (A.S.);

    (f) Associate of Science in Engineering (A.S.E.);

    (g) Bachelor of Arts (B.A.);

    (h) Bachelor of Fine Arts (B.F.A.);

    (i) Bachelor of Professional Studies (B.P.S.);

    (j) Bachelor of Science (B.S.);

    (k) Bachelor of Technical Studies (B.T.S.);

    (l) Master’s; and

    (m) Doctorate.

  (6) “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:

    (a) Internet;

    (b) One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;

    (c) Audio conferencing; and

    (d) 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.

  (7) “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.

  (8) “Distance education program” means a program for which all the required coursework for program completion may be completed by distance education courses.

  (9) “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.

  (10) “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.

  (11) “Independent institution” means a private nonprofit institution of higher education.

  (12) “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.

  (13) “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.

  (14) “Internship” means a supervised work experience or field placement in a student's program.

  (15) “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.

  (16) Off-Campus Program.

    (a) “Off-campus program” means, for institutions other than community colleges:

      (i) 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

      (ii) 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.

    (b) “Off-campus program” means, for community colleges, course work offered outside the community college service area.

  (17) On-campus Education.

    (a) “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.

    (b) “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.

  (18) “On-campus program” means a program that is not a distance education program.

  (19) “Parallel program” means a program at a community college and a program at a public 4-year institution of higher education having comparable objectives.

  (20) “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.

  (21) “Private for-profit institution” means a privately owned and operated institution of higher education that is intended to operate as a business.

  (22) “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.

  (23) “Program modality” means:

    (a) Distance education; or

    (b) On-campus education.

  (24) “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.

  (25) “Regional higher education center” or “RHEC” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.

  (26) “Secretary” means the Secretary of Higher Education.

  (27) “Segment” means:

    (a) The University System of Maryland;

    (b) Morgan State University;

    (c) St. Mary's College of Maryland;

    (d) The Maryland Independent College and University Association;

    (e) The Maryland Association of Private Colleges and Career Schools; and

    (f) The Maryland Association of Community Colleges.

  (28) “State Plan” means the document entitled Maryland State Plan for Postsecondary Education.

  (29) “Undergraduate major” means, varying by degree program and subject area:

    (a) 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

    (b) A coherent, sequential, and integrated program of study-in-depth which is intended to provide:

      (i) A body of knowledge;

      (ii) Methods of study; and

      (iii) Practice appropriate to a subject area.

#### Regulation .02-1 Program Review Fees.

*COMAR 13B.02.03.02-1*

A. 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.

B. The following schedule sets forth the fees for academic program review actions.

C. 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.

#### Regulation .03 Statutory Authority of the Commission Regarding Academic Program Review, Approval, and Recommendation.

*COMAR 13B.02.03.03*

A. The Commission shall review program proposals for public institutions, independent institutions, and private for-profit institutions of higher education.

B. For public institutions, the Commission shall review and approve or disapprove program proposals for:

  (1) New programs; and

  (2) Substantial modifications.

C. For independent institutions and private for-profit institutions, the Commission shall review and recommend or not recommend implementation of program proposals for:

  (1) New programs; and

  (2) Substantial modifications.

D. An institution shall submit a program proposal for a new program to establish:

  (1) A program leading to a formal award in a subject area in which the award is not presently authorized;

  (2) 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);

  (3) 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

  (4) 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.)).

E. An institution shall submit a program proposal for a substantial modification to:

  (1) 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;

  (2) Offer an existing program as an off-campus program or at a regional higher education center; or

  (3) Establish a new area of concentration within an existing program.

F. Program Review Process.

  (1) 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.

  (2) 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.

  (3) 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.

G. Implementation of Programs.

  (1) A public institution may not implement a new program or a substantial modification to an existing program without the prior approval of the Commission.

  (2) Implementation of Program by Independent Institution.

    (a) 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.

    (b) The provision in §G(2)(a) of this regulation does not preclude the independent institution from implementing the new program or substantial modification.

    (c) If the General Assembly reduces program funding, the affected independent institution may apply annually to the Commission for reconsideration of the program review decision.

  (3) A private for-profit institution may implement a program notwithstanding the non-recommendation of the Commission.

  (4) 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.

H. Program Suspension.

  (1) An institution may temporarily suspend a program and examine its future direction.

  (2) During a period of program suspension, an institution has the opportunity to:

    (a) Study its future commitment to a particular field of study; and

    (b) Determine whether the program should be:

      (i) Maintained in present form;

      (ii) Consolidated with other program offerings; or

      (iii) Discontinued.

  (3) The suspension of a program relieves an institution from having to submit a program proposal to the Commission to reactivate a discontinued program.

  (4) Criteria and Process for Program Suspension.

    (a) A program may be suspended for a period of time not to exceed 3 years.

    (b) The catalog and other official publications shall indicate the official status of the program.

    (c) New students may not be admitted into a program during the period of suspension.

    (d) Currently enrolled students shall be given the opportunity to satisfy degree requirements.

    (e) Before suspending a program, the institution shall notify the Secretary in writing.

    (f) After a 3-year period, the institution shall either discontinue or reactivate the program and notify the Secretary in writing.

I. 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.

#### Regulation .03-1 Review of Extant Curricular Offerings as an area of Concentration at Community Colleges.

*COMAR 13B.02.03.03-1*

A. 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.

B. 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.

C. A community college may request that the Commission approve a sequential arrangement as an area of concentration by submitting a proposal that:

  (1) Provides the area of concentration name;

  (2) Outlines the curriculum design, including course descriptions, names, and credit hours;

  (3) Explains the centrality of the proposed area of concentration to the institution’s mission;

  (4) Identifies when the option first became available; and

  (5) Identifies with specificity:

    (a) The educational need for the area of concentration, to include the regional or statewide need as identified in the State Plan; or

    (b) The transfer and articulation arrangements that the area of concentration will facilitate or support.

D. 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.

E. A request that a sequential arrangement be approved as an area of concentration must be submitted to the Commission by June 30, 2017.

#### Regulation .04 Delegation of Program Responsibility.

*COMAR 13B.02.03.04*

A. 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.

B. Delegation Subject to Conditions and Limitations.

  (1) 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:

    (a) The name of the program proposal or articulation agreement;

    (b) The degree to be offered;

    (c) The name of the proposing institution;

    (d) The relationship to institutional and segment role and mission;

    (e) The relationship to the goals, objectives, and initiatives of the State Plan; and

    (f) The disposition of the program proposal.

  (2) 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.

  (3) The Secretary shall report to the Commission every 2 years on programs experiencing low productivity.

#### Regulation .05 Long-Term Goals.

*COMAR 13B.02.03.05*

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:

A. Quality shall focus on the effectiveness of institutional actions, including:

  (1) The extent to which an institution fulfills its stated mission;

  (2) The centrality of a proposed program to the institution's approved mission; and

  (3) The adherence of a proposed program to commonly accepted standards of academic practice as found in Regulation .06 of this chapter;

B. Access and choice for Maryland citizens to higher education shall focus on the needs of citizens for higher education programs, services, and research, including:

  (1) Financial assistance;

  (2) Transferability of credit;

  (3) Economic development;

  (4) Equal opportunity concerns; and

  (5) Expansion of educational opportunities and choices for minority and educationally disadvantaged students at institutions of higher education;

C. 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

D. HBI enhancement shall focus on whether the proposed program advances the expansion of mission, program uniqueness, or institutional identity at HBIs.

#### Regulation .06 Criteria for Review of a Proposal for a New Program.

*COMAR 13B.02.03.06*

A program proposal for a new program shall address the following areas:

A. Centrality to mission and planning priorities, relationship to the program emphasis as outlined in the mission statements, and an institutional priority for program development;

B. Critical and compelling regional or Statewide need as identified in the State Plan;

C. Quantifiable and reliable evidence and documentation of market supply and demand in the region and service area;

D. Reasonableness of program duplication, if any;

E. Relevance to the implementation or maintenance of high-demand programs at HBIs;

F. Relevance to the support of the uniqueness and institutional identities and missions of HBIs;

G. Adequacy of curriculum design, program modality, and delivery to related learning outcomes, consistent with Regulation .10 of this chapter;

H. For public institutions, adequacy of articulation and transfer planning, consistent with Regulation .19 of this chapter;

I. Adequacy of faculty resources, consistent with Regulation .11 of this chapter;

J. Adequacy of library resources, consistent with Regulation .12 of this chapter;

K. Adequacy of physical facilities, infrastructure, and instructional equipment, consistent with Regulation .13 of this chapter;

L. Adequacy of financial resources with documentation, consistent with Regulation .14 of this chapter;

M. Adequacy of provisions for evaluation of program, consistent with Regulation .15 of this chapter;

N. Consistency with the Commission's minority student achievement goals;

O. Relationship to low productivity programs identified by the Commission; and

P. Adequacy of distance education programs under Regulation .22 of this chapter.

#### Regulation .07 Mission and Planning Priorities.

*COMAR 13B.02.03.07*

A. A program proposal submitted by an institution that is central to the institution's mission statement is eligible for approval or recommendation for implementation.

B. A proposed program shall be:

  (1) Central to the institution’s mission;

  (2) Related to the program emphasis as outlined in the mission statement;

  (3) An institutional priority for program development consistent with the institution’s strategic planning process; and

  (4) Adequately funded for at least the first 5 years of program implementation.

C. An institution shall demonstrate a commitment to:

  (1) Ongoing administrative, financial, and technical support of a program; and

  (2) Continuation of the program for a period of time sufficient to allow enrolled students to complete the program.

#### Regulation .08 Need for the Proposed Program.

*COMAR 13B.02.03.08*

A. A proposed program shall meet a critical and compelling regional or Statewide need as identified in the State Plan.

B. 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:

  (1) The need for the advancement and evolution of knowledge;

  (2) Societal needs, including expanding educational opportunities and choices for minority and educationally disadvantaged students at institutions of higher education;

  (3) Occupational and professional needs relative to upgrading vocational/ technical skills or meeting job market requirements; and

  (4) The need to strengthen and expand the capacity of historically black institutions to provide high quality and unique educational programs.

C. 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.

D. Market Demand Data.

  (1) This section does not apply to programs in the liberal arts and sciences.

  (2) 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.

  (3) 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.

  (4) In assessing demand for a new program, an institution shall also present data showing the current and projected supply of prospective graduates.

E. Identification of Programs Having Market Demand.

  (1) The Commission shall identify, on a regular basis, programs that are in market demand in Maryland.

  (2) For each program identified, the Commission shall also provide an indication of minority participation rates, identifying those programs where minorities are underrepresented.

  (3) Institutions maintaining a role and mission appropriate and consistent with those fields declared as shortage areas are encouraged to develop specific programs.

  (4) Proposals submitted in response to a declared shortage area do not need to include additional documentation on market demand and supply data.

F. 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.

#### Regulation .09 Duplication of the Proposed Program.

*COMAR 13B.02.03.09*

A. 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.

B. 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.

C. Determination of Duplication.

  (1) In determining whether a program is unreasonably duplicative, the Secretary shall consider:

    (a) The degree to be awarded;

    (b) The area of specialization;

    (c) The purpose or objectives of the program to be offered;

    (d) The specific academic content of the program;

    (e) Evidence of equivalent competencies of the proposed program in comparison to existing programs; and

    (f) An analysis of the market demand for the program.

  (2) The analysis shall include an examination of factors, including:

    (a) Role and mission;

    (b) Accessibility;

    (c) Alternative means of educational delivery including distance education;

    (d) Analysis of enrollment characteristics;

    (e) Residency requirements;

    (f) Admission requirements; and

    (g) Educational justification for the dual operation of programs broadly similar to unique or high-demand programs at HBIs.

#### Regulation .10 Adequacy of Curriculum Design, Program Modality, and Related Learning Outcomes.

*COMAR 13B.02.03.10*

A. A program shall be established and overseen by qualified faculty.

B. Faculty members in relevant disciplines in collaboration with other appropriate institutional personnel shall participate in the design of courses.

C. The presence of a structured and coherent program of study with clearly delineated program objectives and intended student learning outcomes shall be evident.

D. A program shall result in learning outcomes appropriate to the rigor and breadth of the program.

E. An institution shall provide for assessment of, and shall document, student achievement of learning outcomes in a program.

F. Required courses in the program may not be excessive and shall be consistent with customary expectations for the type of certificate or degree proposed.

G. The program modality shall be appropriate to meet a program's objectives.

H. Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available.

I. 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.

J. The general education courses shall be distributed in a manner consistent with COMAR 13B.02.02.16.E and F.

K. Accreditation Requirements; Conditional Approval.

  (1) 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.

  (2) 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.

  (3) 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.

  (4) The Secretary may extend conditional approval if the institution has made substantial progress in securing appropriate accreditation, certification, or approval for the program.

L. 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.

#### Regulation .11 Faculty Resources.

*COMAR 13B.02.03.11*

A. 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.

B. The minimum educational attainment of the faculty shall be the appropriate degree commensurate with the degree level of the proposed program.

C. 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.

D. 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.

E. Programs shall involve credentialed full-time faculty in teaching, program development, and student academic support.

F. 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.

G. Adjunct and part-time faculty shall:

  (1) Possess the same or equivalent qualifications as the full-time faculty of the institution; and

  (2) Be approved by the academic unit through which the credit is offered.

H. An institution shall provide ongoing pedagogy training for faculty in evidenced-based best practices, including training in:

  (1) Pedagogy that meets the needs of the students;

  (2) The learning management system; and

  (3) Evidenced-based best practices for distance education, if distance education is offered.

#### Regulation .12 Library Resources.

*COMAR 13B.02.03.12*

A. 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.

B. Appropriate library resources may be achieved through one or more of the following:

  (1) On-site collections;

  (2) Interlibrary loans; or

  (3) Computerized access to holdings in other in-State or out-of-State libraries.

C. 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.

#### Regulation .13 Physical Facilities and Instructional Equipment.

*COMAR 13B.02.03.13*

A. For new programs offered at an institution’s principal location, the institution shall ensure that:

  (1) Physical facilities, infrastructure, and instructional equipment are consistent with COMAR 13B.02.02.20, and adequate to initiate the new program;

  (2) Spaces are provided for classrooms and for staff and faculty offices; and

  (3) Laboratories for studies in the technologies and sciences are designed to provide maximum utilization of facilities, materials, and equipment.

B. 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.

C. An institution offering distance education shall ensure that students and faculty have adequate access to:

  (1) An institutional electronic mailing system; and

  (2) A learning management system that provides the necessary technological support for distance education.

#### Regulation .14 Finances.

*COMAR 13B.02.03.14*

A. 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:

  (1) Ensure that the program will be efficient in its resource utilization; and

  (2) Assess the impact of the program on the institution's overall need for funds.

B. The institution shall complete forms supplied by the Commission concerning resource categories and expenditure categories:

  (1) In sufficient detail to permit the Secretary to make a judgment on the adequacy of resources; and

  (2) With narrative explanation accompanying the entries in the tables.

C. The proposed program shall be supported by at least one of the following sources of funds:

  (1) Reallocation of existing campus resources, including the discontinuance or downsizing of an existing program or organizational unit;

  (2) Tuition and fee revenue from students new to the institution enrolling in the new program;

  (3) Grants and contracts; or

  (4) 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.

#### Regulation .15 Adequacy of Provisions for Evaluation of Programs.

*COMAR 13B.02.03.15*

A. 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.

B. Curriculum review procedures established by an institution for its program offerings shall:

  (1) Include standards and guidelines for the assessment of student outcomes as defined for the program;

  (2) Be consistent with the institutional mission; and

  (3) Be specified by the institution.

C. An institution shall evaluate a program's educational effectiveness, including assessments of student learning outcomes, student retention, student and faculty satisfaction, and cost-effectiveness.

#### Regulation .16 Minority Student Access.

*COMAR 13B.02.03.16*

An institution shall set forth appropriate actions and strategies to recruit and retain underrepresented minority students for each new program consistent with:

A. Provisions of the State Plan regarding minority student access; and

B. The institution’s program of cultural diversity.

#### Regulation .17 Low Productivity Programs.

*COMAR 13B.02.03.17*

A. Every 2 years, the Commission shall identify low productivity programs at public institutions.

B. If an identified low productivity program is directly related to a proposed new program, in its program proposal the institution shall address:

  (1) The fiscal resources, including faculty, administration, library resources, and general operating expenses, currently devoted to the low productivity program; and

  (2) How those resources may be redistributed to help fund the proposed new program.

#### Regulation .18 Cooperative Programs.

*COMAR 13B.02.03.18*

A. The Commission encourages institutions to:

  (1) Explore the opportunities for cooperation with other institutions, within a segment and between segments, offering similar programs; and

  (2) Document the extent to which cooperative arrangements have been explored.

B. An institution considering a new program or a substantial modification is encouraged to explore cooperative development of these program initiatives.

C. The institution shall follow cooperative degree program guidelines developed by the Commission to assist institutions in establishing these programs.

D. Cooperative programs shall be designated as belonging to one of the degree program categories in this regulation.

E. Requirements for Joint Degree Programs.

  (1) 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.

  (2) A student enrolled in a joint degree program shall receive a single diploma that bears the names and seals of all cooperating institutions.

  (3) 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.

  (4) A memorandum of understanding between or among cooperating institutions shall be included when the program proposal is submitted.

  (5) 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.

  (6) 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.

  (7) An arrangement shall exist for recruiting and admitting students and for administration of student support services in joint degree programs.

  (8) A mechanism shall exist for monitoring and evaluating programs, with provisions for participation by faculty, students, and administrators from each institution involved.

F. Requirements for Primary Degree Programs.

  (1) One or more institutions may offer a primary degree program.

  (2) The diploma shall be awarded by the primary institution.

  (3) 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.

  (4) A memorandum of understanding between or among cooperating institutions shall be included when the program proposal is submitted.

  (5) 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.

  (6) 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.

  (7) The primary institution is responsible for all administrative functions associated with the program, including communication and relationships with the cooperating institutions.

  (8) 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.

#### Regulation .19 Public Institutions — Transfer and Articulation.

*COMAR 13B.02.03.19*

A. Prior to Submission.

  (1) 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.

  (2) 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.

  (3) 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.

B. Contents of Proposal.

  (1) A proposal for a new bachelor’s degree program at a public senior higher education institution shall include:

    (a) A proposed articulation agreement with at least one community college; or

    (b) Justification for why an articulation agreement is not feasible or applicable.

  (2) A proposal for a substantial modification to an existing bachelor’s degree program at a public senior higher education institution shall include:

    (a) For a program that has an existing articulation agreement with at least one community college:

      (i) Proposed modifications to all existing articulation agreements; or

      (ii) Justification for why revising existing articulation agreements is not feasible or applicable; or

    (b) For a program without any existing articulation agreement:

      (i) A proposed articulation agreement with at least one community college; or

      (ii) Justification for why an articulation agreement is not feasible or applicable.

  (3) A proposal for a substantial modification to an existing associate’s degree program at a community college shall include:

    (a) For a program that has an existing articulation agreement with at least one public senior higher education institution:

      (i) Proposed modifications to all existing articulation agreements; or

      (ii) Justification for why revising existing articulation agreements is not feasible or applicable; or

    (b) For a program without existing articulation agreements:

      (i) A proposed articulation agreement with at least one public senior higher education institution; or

      (ii) Justification for why an articulation agreement is not feasible or applicable.

  (4) 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.

C. After Approval.

  (1) Any new or revised articulation agreement submitted under this regulation shall only be effective when:

    (a) The new program or substantial modification is approved by the Commission; and

    (b) The new program or substantial modification is implemented.

  (2) 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.

  (3) The institution shall provide the curriculum and any articulation agreement(s) to all other public institutions within 90 days of the approval.

#### Regulation .20 Off-Campus Programs.

*COMAR 13B.02.03.20*

A. 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.

B. 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.

C. An institution may submit a program proposal for a new program to be offered at a regional higher education center.

#### Regulation .21 Closed Sites.

*COMAR 13B.02.03.21*

A. 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.

B. 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.

C. A program may be offered through traditional means as well as through various distance education formats.

D. General Public.

  (1) The general public may not be recruited or admitted to these programs.

  (2) 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.

#### Regulation .22 Distance Education.

*COMAR 13B.02.03.22*

A. An institution may not utilize distance education as a program modality unless the institution:

  (1) 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

  (2) Is designated by the Secretary, under §B of this regulation, as an institution eligible to provide distance education.

B. Designation as an Institution Eligible to Provide Distance Education.

  (1) 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.

  (2) 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:

    (a) Demonstrates that:

      (i) Distance education is consistent with the institution's mission;

      (ii) Institutional resources and the source of funds to support distance education are sufficient;

      (iii) Academic oversight, quality control, and student services to be provided shall be sufficient to provide distance education;

      (iv) 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

      (v) Faculty supports shall provide for best practices and pedagogy in distance education; and

    (b) Includes:

      (i) A list of intended programs to be offered as distance education;

      (ii) An affirmation that a program’s curriculum and objectives shall be coherent, cohesive, and comparable regardless of program modality;

      (iii) A signed statement from the President of the institution that the institution shall comply with the C-RAC guidelines; and

      (iv) Any complimentary materials submitted to the institutional accreditor for approval to offer distance education.

  (3) The Secretary shall review a complete application submitted under §B(2) of this regulation and shall:

    (a) Approve the application if it satisfies the criteria set forth in §B(2) of this regulation; or

    (b) 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.

C. An institution offering distance education shall comply with the C-RAC guidelines.

#### Regulation .23 Consultant Review.

*COMAR 13B.02.03.23*

A. In reviewing a program proposal, Commission staff shall discuss the proposal with institutional or segmental personnel involved with the program.

B. If the Secretary determines that additional expertise is needed to evaluate a program, the Secretary may retain one or more outside consultants.

C. The Secretary and the institutional or segmental administrators shall agree on the selection of a consultant and on an appropriate time frame.

D. The proposing institution is responsible for the costs incurred for a consultant's work.

E. For an on-site visit, an institutional or segmental representative shall join the team as a resource person.

#### Regulation .24 Degree Programs.

*COMAR 13B.02.03.24*

A. Degree Levels.

  (1) The degree levels described in this regulation are available to institutions in this State, as approved in accordance with COMAR 13B.02.02.10.

  (2) 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).

B. Associate of Applied Science (A.A.S.).

  (1) 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.

  (2) 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.

C. Associate of Arts (A.A.).

  (1) 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.).

  (2) The program is intended for transfer to an equivalent Bachelor of Arts (B.A.) degree program at 4-year institutions.

D. An institution may award an Associate of Art in Teaching (A.A.T.) degree that:

  (1) 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;

  (2) Requires either:

    (a) A 3.0 cumulative grade point average on a 4.0 scale; or

    (b) 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

  (3) 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.

E. 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:

  (1) Have as a primary goal transfer to a Bachelor of Fine Arts (B.F.A.) degree program;

  (2) Are similar to the first 2 years of a B.F.A. degree program; and

  (3) Require at least 60 percent of the course credit to be in studio work and related areas.

F. Associate of Science (A.S.)

  (1) 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.

  (2) The program is intended for transfer to a Bachelor of Science (B.S.) degree program at 4-year institutions.

G. Associate of Science in Engineering (A.S.E.).

  (1) An institution may award an Associate of Science in Engineering (A.S.E.) degree that:

    (a) 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;

    (b) 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

    (c) 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.

  (2) 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.

  (3) 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.

  (4) 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.

H. 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.

I. Bachelor of Technical Studies (B.T.S.) or Bachelor of Professional Studies (B.P.S.).

  (1) 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.

  (2) 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.

  (3) 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.

  (4) 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.

  (5) The articulation agreement shall be submitted together with a program proposal under this chapter.

  (6) The articulation agreement shall specify whether the internship may be completed as part of the programmatic requirements for the A.A.S. degree.

J. An institution may award a Master's Degree for successful completion of at least 30 credit hours or the equivalent of graduate-level courses.

K. 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.

#### Regulation .25 Certificate Programs.

*COMAR 13B.02.03.25*

A. The following certificates are available to institutions in this State, as approved in accordance with COMAR 13B.02.02.10.

B. An institution may award:

  (1) A lower division certificate for successful completion of at least 12 semester credit hours at the freshman or sophomore levels, or both.

  (2) An upper division certificate for successful completion of at least 12 semester credit hours at the junior or senior levels, or both.

  (3) 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.

  (4) A post-master's certificate for successful completion of at least 12 semester credit hours of graduate study beyond the master's degree.

  (5) A certificate of advanced study for successful completion of at least 30 semester credit hours of graduate study beyond the master's degree.

  (6) A professional certificate for successful completion of the number of courses required by the appropriate national professional association.

C. Directed Technology Certificates.

  (1) 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.

  (2) An institution shall provide a copy of the curriculum and evidence that:

    (a) The curriculum for the certificate has been developed in consultation with a specific employer or employers to meet specific training needs;

    (b) The curriculum has been reviewed by the appropriate curriculum approval bodies at the institution;

    (c) A content specialist will be assigned to ensure high standards and maintain written documentation about the curriculum; and

    (d) Financial resources are adequate to support the curriculum.

  (3) 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.

  (4) 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.

D. New Certificate in Existing Degree Programs.

  (1) A program proposal for a new certificate in an existing degree program may be made in a brief, one-page document that:

    (a) Explains the centrality of the proposed certificate program to the mission of the institution;

    (b) Provides evidence of the market demand for the proposed certificate program;

    (c) Sets out the curriculum design; and

    (d) Shows that adequate faculty resources exist for the proposed certificate program.

  (2) Favorable action on a completed program proposal by the Secretary constitutes final program approval or endorsement.

  (3) If the Secretary does not approve or recommend the program proposal, the Secretary shall provide a written explanation of the reasons.

  (4) Following the Secretary's decision on a proposed certificate program, an institution may elect to:

    (a) Revise a proposal to address the Secretary's reasons for disapproval or non-recommendation and submit the revised proposal for reconsideration; or

    (b) Have the matter reviewed by the Commission in accordance with the appeal procedure in Regulation .27 of this chapter.

#### Regulation .26 Health Occupation Shortage and Statewide Programs.

*COMAR 13B.02.03.26*

A. Health Occupation Shortage Programs.

  (1) 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.

  (2) 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.

B. Statewide Programs.

  (1) 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.

  (2) Statewide designation includes:

    (a) Programs not available at the community college in the student's county of residence; or

    (b) 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.

  (3) 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.

  (4) The general criteria for Statewide designation are:

    (a) Maximization of student access to programs;

    (b) The ability of the college to accommodate additional students;

    (c) The need for additional students to sustain the program;

    (d) The unit cost of the program;

    (e) Uniqueness of the program; and

    (f) Current labor market demand for graduates of the program in the region.

C. When limited funds are available, priority shall be given to programs that:

  (1) Address designated health occupation shortage areas;

  (2) Are unique;

  (3) Address employment shortage areas determined by appropriate State agencies; and

  (4) Are designed to meet the requirements of new technology-oriented State or regional industries.

D. 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.

E. 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.

#### Regulation .27 Steps in the Program Review Process.

*COMAR 13B.02.03.27*

A. Submission of a Program Proposal.

  (1) 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.

  (2) A program proposal from a public institution must provide documentation as required by Education Article, §11.206.1(c), Annotated Code of Maryland.

  (3) Within 10 days after receipt of a program proposal, the Commission:

    (a) Shall notify an institution of the status of the institution’s proposal; and

    (b) May request documentation deemed to be missing or insufficient in response to the program review parameters.

  (4) A program proposal is not considered to be complete until the applicant submits supporting documentation requested by the Commission.

  (5) 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.

B. Review of a Program Proposal.

  (1) 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.

  (2) Immediately after receipt of a completed program proposal, the Secretary shall:

    (a) Inform all institutions and segments of the proposal; and

    (b) Allow a 30-day period for comments and objections.

  (3) The Secretary or an institution may file an objection to implementation of a proposed program if the objection is based on:

    (a) Inconsistency of the proposed program with the institution’s approved mission;

    (b) Not meeting a regional or Statewide need consistent with the State Plan;

    (c) Unreasonable program duplication which would cause demonstrable harm to another institution; or

    (d) Violation of the State’s equal educational opportunity obligations under State and federal law.

  (4) If an objection is filed under §B(3) of this regulation, the Commission shall immediately notify the proposing institution’s governing board and president.

  (5) 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.

  (6) The Secretary may request additional information from the proposing or objecting institutions.

  (7) 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.

  (8) The Secretary may invite representatives of the objecting institution to any negotiations.

  (9) 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.

  (10) 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.

C. Final Action by the Secretary.

  (1) Favorable Action.

    (a) 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.

    (b) An institution shall implement an approved or recommended program in accordance with the approved program proposal and the conditions set by the Secretary.

    (c) The Secretary may request an institution to submit a progress report responding to the original proposal and any conditions that may be imposed.

  (2) Unfavorable Action.

    (a) 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.

    (b) Following the Secretary’s decision, an institution may elect to:

      (i) Revise the proposal to address the Secretary’s reasons for disapproval or non-recommendation and submit the revised proposal for reconsideration; or

      (ii) Have the matter reviewed by the Commission in accordance with Regulation .28 of this chapter.

    (c) A revised, resubmitted program proposal is considered a new proposal for purposes of the statutory 60-day time frame for Commission action.

#### Regulation .28 Review by The Commission.

*COMAR 13B.02.03.28*

A. Request for Review.

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

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

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

B. Prerequisites to Review.

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

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

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

C. Notification to Involved Institutions.

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

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

D. Scheduling of Review Meeting.

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

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

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

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

E. Submission of Materials to Commission.

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

    (a) The proposal;

    (b) Any objections to the proposal;

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

    (d) The Secretary’s decision letter;

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

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

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

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

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

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

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

F. Conduct of the Review Meeting.

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

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

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

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

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

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

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

G. Commission’s Decision.

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

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

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

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

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

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

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

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

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

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

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

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

#### Regulation .29 Change of Program Modality.

*COMAR 13B.02.03.29*

A. 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.

B. An institution’s notice to the Commission shall include:

  (1) The name and degree of the program;

  (2) The HEGIS and CIP code of the program;

  (3) A description of, and rationale for, the addition, change, suspension, or discontinuation of program modality;

  (4) An affirmation that the program’s most recently approved curriculum and objectives are coherent, cohesive, and comparable, regardless of program modality;

  (5) The planned implementation date of the addition, change, suspension, or discontinuation of program modality; and

  (6) For any suspension or discontinuation of a program modality:

    (a) The number of students enrolled in the program who are using that program modality and their expected graduation dates; and

    (b) A plan that covers each of the students using the program’s modality to ensure that:

      (i) The student’s time to completion of the program is not increased; and

      (ii) Students and faculty continue to have access to course material, student services, and academic support for the duration of the program.

C. 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:

  (1) The Commission shall notify the institution of the missing information or the lack of approval;

  (2) The institution shall withdraw the notice, submit the missing information, or submit a program proposal or substantial modification proposal, as applicable; and

  (3) The institution may not commence a program until it has been approved by the Commission under this chapter.

D. Effect on Conditional Program Approvals.

  (1) 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.

  (2) 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.