N.H. Admin. Code § Pos 1102.01 - Applicability

(a) These rules shall apply to all private postsecondary career schools, including entities that act as a school, except for:

(1) Schools authorized to grant degrees pursuant to RSA 292;

(2) Schools licensed by a state agency other than the postsecondary education commission;

(3) Schools operated by a business organization exclusively for the training of that business' own employees and at no charge to its employees;

(4) Schools offering noncredit courses exclusively for avocational purposes, as determined by the executive director during the application procedure per Pos 1103.01, in consultation with the postsecondary education commission;

(5) Schools directly supported, entirely or partly, by the state of New Hampshire;

(6) Noncredit courses or programs sponsored by recognized trade, business, or professional organizations solely for the instruction of their members that do not prepare or qualify individuals for employment in any occupation or trade, unless otherwise determined by the executive director during the application procedure per Pos 1103.01, in consultation with the postsecondary education commission;

(7) Schools that offer programs and courses exclusively on federal military installations;

(8) Companies, individuals, or other legal entities that offer training at seminars or conferences, if either of the following criteria is met:

a.The conference or seminar does not exceed 2 days; or

b.The attendee receiving the training is not awarded any form of a certificate, diploma, or courseware for having received the training;

(9) Vendors that offer incidental training associated with the purchase of a product from said vendor, if the training is to familiarize the purchaser with its use and the purchaser is not awarded any form of a certificate or diploma for having received the training;

(10) A person with fewer than 5 students per calendar year; and

(11) An individual or facility training students under 14 CFR part 91 or 14 CFR part 141, or receiving flight or ground instruction required by the Federal Aviation Administration.

(b) All private postsecondary career schools shall make application to the director in accordance with Part 1103.

(c) Individual branches of a school shall have a separate license.

(d) Modeling schools or agencies that provide training to their clients shall meet the requirements of this chapter.

(e) Licenses are not transferable.

(f) A license shall be issued for each location. The licensing approval letter shall specify the courses or programs that the school is authorized to offer, the sites at which these courses or programs may be offered, and the certificates and diploma that the school is authorized to award.

(g) Each school shall prominently display its license and a list of approved programs/courses at its place of business.

(h) No school shall divide or structure a program of instruction or educational service to avoid the application of any provision of these regulations.

Notes

N.H. Admin. Code § Pos 1102.01

(See Revision Note at chapter heading for Pos 1100) #6398, eff 12-16-96 (formerly Pos 1401.01); ss by #8221, eff 12-16-04 (formerly Pos 1101.01 )