Ariz. Admin. Code § R4-39-106 - Requirements for a Conditional License to Operate a Private Non-accredited Degree-granting Institution in Arizona

A. A person shall not operate a private non-accredited degree-granting institution without a conditional license granted by the Board.

B. Except as specified in subsection (B)(4), the Board shall not grant a conditional license to an applicant, if:

1. Within 10 years before filing the application packet required in subsection (D), an individual with at least 20 percent ownership in the applicant or an officer or employee who controls, manages, or represents the applicant in this state has been convicted in this state or any jurisdiction of any crime, regardless of whether the crime is a misdemeanor or felony, that a reasonable person would consider relevant to the legal and ethical operation of an educational institution;

2. Within 10 years before filing the application packet required in subsection (D), a person with at least 20 percent ownership in the applicant or an officer or employee who controls, manages, or represents the applicant in this state has had a license to operate a vocational or degree-granting institution revoked in this state or any jurisdiction; or

3. The applicant provides false or misleading information on or with an application required by this Section; and

4. If the conviction described in subsection (B)(1) was discharged, expunged, set aside, or vacated, the Board shall consider this fact when exercising its discretionary power under this Section.

C. The Board shall grant a conditional license to an applicant if the applicant submits an application and:

1. The application includes the information required in subsection (D); and

2. The information provided demonstrates:

a. Compliance with A.R.S. §§ 32-3021(B)(1) through (11) and 32-3022(C); and

b. The ability to provide educational services as represented to the public.

D. An applicant for a conditional license shall submit to the Board an application packet that includes:

1. The filing fee required under R4-39-201;

2. The information and documentation required in R4-39-104(D)(2) through (D)(17);

3. The name of each accrediting agency to which the applicant will apply for accreditation of the applicant's programs or the institution through which the programs are offered;

4. For each accrediting agency named under subsection (D)(3), attestation by the individual signing the application that the applicant has read and understands documentation published or provided by the accrediting agency that explains the accrediting agency's accreditation process, including eligibility requirements, application procedures, self-evaluation processes and requirements, accreditation criteria or standards, and accrediting team visits; and

5. A chronological timeline identifying the applicant's projected progress in gaining accreditation from each accrediting agency named under subsection (D)(3)

6. On a form provided by the Board, responses to questions regarding the applicant's ability to gain accreditation from each accrediting agency named under subsection (D)(3).

E. If the Board grants a conditional license to an applicant, the conditional licensee shall:

1. Notify the Board in writing within 24 hours if the licensee:

a. Is determined by an accrediting agency named under subsection (D)(3) to be ineligible to apply for accreditation with the accrediting agency;

b. Is precluded from initiating or continuing in the accreditation process by an accrediting agency named under subsection (D)(3);

c. Is denied accreditation by an accrediting agency named under subsection (D)(3); or

d. Knows or should know that an investigation of the licensee is being or was conducted by a state or federal agency or an accrediting agency;

2. Within five days of:

a. Receipt, submit to the Board a copy of any document from an accrediting agency named under subsection (D)(3) that pertains to the licensee's progress in gaining accreditation from the accrediting agency; and

3. b. Mailing or sending, submit to the Board a copy of any document mailed or sent by the licensee to an accrediting agency named under subsection (D)(3) that pertains to the licensee's progress in gaining accreditation from the accrediting agency; and

3. Within 10 days after determining that the licensee failed to meet the timeline submitted under subsection (D)(5), submit written notice of the failure to the Board.

F. Before granting a conditional license, the Board shall conduct an inspection, under A.R.S. § 41-1009, of an applicant's place of business to determine compliance with subsection (C).

G. If the Board grants a conditional license to an applicant, while licensed, the conditional licensee:

1. Shall not describe or refer to itself using the terms "licensed," "approved," or "accredited;" and

2. May describe or refer to itself using the terms "conditionally licensed" or "conditional license."

H. The Board may conduct an inspection under A.R.S. § 41-1009 of a licensee's place of business to determine compliance with the requirements of this Article.

I. As provided in A.R.S. § 32-3051, the Board may discipline a licensee that:

1. Violates a requirement in subsection (E), or

2. Intentionally or negligently misrepresents any material information in documents or testimony presented to the Board.

Notes

Ariz. Admin. Code § R4-39-106

Adopted effective June 27, 1985 (Supp. 85-3). Amended effective October 10, 1997 (Supp. 97-4). Amended by final rulemaking at 11 A.A.R. 2262, effective August 6, 2005 (Supp. 05-2). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.