A. Except as specified in subsection (A)(7),
the Board shall not grant or renew a provisional license to an applicant if:
1. Since the start date of the current
licensure period, 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
a 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.
Since the start date of the current licensure period, 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;
3. The applicant
provides false or misleading information on or with an application required by
this Section;
4. The applicant
fails to apply for accreditation as required under
R4-39-106(D)(3)
or fails to make progress consistent with the chronological timeline specified
under
R4-39-106(D)(5) for three consecutive renewal periods;
5. The applicant was previously licensed by
the Board and ceased to operate without complying with
R4-39-402 and
R4-39-406;
or
6. The applicant ceased to
operate or offer a program and as a result:
a. The Board was obligated to make a payment
from the Student Tuition Recovery Fund established under A.R.S. §
32-3072, or
b. The DE or a private entity
forgave loans, in whole or in part, to affected students; and
7. If the conviction described in
subsection (A)(1) was discharged, expunged, set aside, or vacated, the Board
shall consider this fact when exercising its discretionary power under this
Section.
B. The Board
shall grant or renew a provisional license to an applicant if the applicant
submits an application and:
1. The
application includes the information required in subsection (C); and
2. The information provided demonstrates:
a. Compliance with A.R.S. §§
32-3021(B)(1) through (11) and
32-3022(C);
b. The ability to provide educational
services as represented to the public; and
c. Progress in gaining accreditation from
each accrediting agency named under
R4-39-106(D)(3).
C. No later than 60
days before expiration of a licensee's conditional or provisional license, an
applicant for an initial or renewed provisional license shall submit to the
Board an application packet that includes:
2. The information and documentation required
in
R4-39-104(D)(2)
through (D)(5), (D)(8)(a) and (c), (D)(9), (D)(10), (D)(12), (D)(14),
(D)(15), and (D)(17);
3. A report on the annual enrollment and
retention and placement rates for each program offered;
4. Documents that demonstrate the applicant
met the chronological timeline submitted under
R4-39-106(D)(5);
and
5. Copies of application
documents and all correspondence with all accrediting agencies named under
R4-39-106(D)(3), if applicable.
D.
No later than 60 calendar days before the expiration
date of a licensee's provisional license, an applicant for renewal of a
provisional license shall submit to the Board an application packet
including:
1.
The filing fee required under
R4-39-201 ;
2.
The information and documentation required in
R4-39-104(D)(2),
(D)(4), (D)(5) through (D)(10), and (D)(14)
through (D)(17);
3.
A chronological timeline identifying the applicant's
continued progress in gaining accreditation from each accrediting agency named
under
R4-39-106(D)(3) ;
4.
On a form provided by the Board, responses to
questions regarding the applicant's continued progress in gaining accreditation
from each accrediting agency named under
R4-39-106(D)(3) ;
5.
Copies of application documents submitted to an
accrediting agency named under
R4-39-106(D)(3), if applicable; and
6.
Documentation from each accrediting agency named
under
R4-39-106(D)(3) that demonstrates that the applicant is actively seeking
accreditation.
D. A licensee that fails to comply with
subsection (C) and allows the licensee's conditional or provisional license to
expire shall:
1. Comply with subsection (C)
within 30 days after the license expires, and
2. Pay the late renewal fee prescribed under
A.R.S. §
32-3027(A)(7);
or
3. Immediately cease operating
in this state.
E. A
licensee shall:
1. Notify the Board in
writing by the next business day if the licensee:
a. Is determined by an accrediting agency
named under
R4-39-106(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
R4-39-106(D)(3);
c. Is denied accreditation by an accrediting
agency named under
R4-39-106(D)(3);
d. Knows or should know that the licensee is
or was under investigation by a state or federal agency or an accrediting
agency; or
e. Decides to cease
operations;
2. Within
five days of:
a. Receipt, submit to the Board
a copy of any document from an accrediting agency named under
R4-39-106(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
R4-39-106(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
R4-39-106(D)(5),
submit written notice of the failure to the Board.
F. 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.
G. As provided in
A.R.S. §
32-3051, the Board may discipline a licensee that:
1.
Violates a requirement in subsection (E),
2. Intentionally or negligently misrepresents
any material information in documents or testimony presented to the Board,
or
3. Fails to comply fully with
subsection (C) or (D) but continues to operate in this state.
Notes
Ariz. Admin. Code §
R4-39-107
Adopted effective June
27, 1985 (Supp. 85-3). Amended effective February 23, 1993 (Supp. 93-1).
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.
