Or. Admin. Code § 583-030-0045 - At-Risk, Probation, Revocation or Suspension of Authorization

Effective September 10, 2015:

(1) A school determined to be "at risk" at any time, will be required to provide:

(a) A corrective action/school improvement plan acceptable to the Commission within 30 days after being notified by the Commission;

(b) A revised Surety Bond or letter of credit if appropriate; and

(c) A monthly report for up to 12 months. During that time the school shall demonstrate improvement or the Commission shall proceed with further action of probation, suspension, or revocation as deemed necessary.

(2) Whenever an inspection or other investigation reveals lack of compliance with Oregon Revised Statutes, ORS 348.606 to 348.612 or standards of OAR chapter 583, division 30, the Commission may determine the school is at risk. Upon such determination, or when the school fails to meet the requirements set forth by the Commission while on an "at risk" status, the Commission shall officially notify the school in writing that the school has been placed on probation and provide the school with a report of deficiencies. When deemed appropriate, the Commission may initiate immediate suspension or revocation proceedings and schools will be provided due process through the provisions allowed in sections 2 and 3 of this rule. If the Commission elects to place the school on probation, the school shall have a grace period of 20 calendar days after date of notification to report on actions that the school has taken to correct these deficiencies:

(a) The school's response shall indicate corrective action taken and/or a program improvement plan for correcting any remaining deficiencies;

(b) If violations cited are not corrected within the 20 day period, or if a program improvement plan submitted to correct the violations is not acceptable to the Commission, the director shall send notice to formally place the school on probation, revoke or suspend the school's authorization;

(c) The school may request a hearing within 21 calendar days of receipt of the Commission's notice of probation, to revoke or suspend the school's license; and

(d) A school and program that has been placed on probation shall not engage in any advertising, recruitment or student enrollment activities, or begin the instruction of any new students during the period of probation. Until it satisfies the requirements set by the Commission, the school must notify enrolled students, employees and any prospective students in writing that the institution has been placed on "probation" by the Commission. The school must also place notice of the probation at the physical site of the school, if there is such, and on any website or other official platform of the school. The notification to students, prospective students, and staff shall be immediate upon the school receiving the Commission's determination notice.

(3) The Commission, after a hearing before an Administrative Law Judge, may under ORS 348.612, revoke or suspend authorization given to a school to confer or offer to confer degrees in or from Oregon, or to offer instruction or related services in or from Oregon purporting to lead to a degree in whole or in part. Revocations resulting from a change in state or federal law or judicial ruling do not require the use of a hearing officer.

(4) A hearing to consider a proposed revocation or suspension shall be held only after the affected school has been given written notice of the time and place of such hearing 21 days in advance.

(5) Revocation or suspension of degree authorization applies to a school as a whole, inasmuch as failure to satisfy any state requirement for offer of any degree constitutes failure to satisfy all requirements applicable to the school. Refusal by a school to discontinue any substandard offer or practice, regardless of the quality of any other offer or practice, will lead the Commission to propose revocation or suspension of approval and/or civil or criminal action.

(6) A school whose degree authorization is revoked shall be considered for reinstatement only after one year and only when the Commission's Executive Director is satisfied that causes of the revocation have been entirely removed. Application for reinstatement from a school in revoked status shall comply with all requirements for a new applicant.

(7) A school whose degree authorization is suspended shall be considered for reinstatement only when the Commission's Executive Director is satisfied that causes of the suspension have been entirely removed. Application for reinstatement from a school in suspended status shall comply with all requirements for a renewing applicant.

(8) Grounds for revoking or suspending the degree authorization of a school include changes in state or federal law or judicial rulings affecting the status of a school or its failure to provide services it has guaranteed to students in writing; failure to supply records and other information to the Commission as directed; falsification of any information supplied to the Commission, students, or the public; failure to comply with all applicable requirements of OAR chapter 583, division 30; and failure to prove to the satisfaction of the Commission's Executive Director on request compliance with any such requirement with respect to which the school's current performance is questioned specifically by the Commission as a result of routine monitoring or individual complaint.

(9) Revocation or suspension requires a school to immediately cease and desist from offering in or from Oregon any degree, instruction, or related services purporting to lead to a degree in whole or in part, except that the Commission at its discretion may permit a revoked or suspended school to complete an academic term already in progress on the date of the action. During such period of completion the school may not enroll new students, and it may not offer to those already enrolled any instruction or services purporting to lead to a degree that would be earned and conferred later than the immediate end of the term in progress. Completion of such term with good faith and fair dealing toward currently enrolled students or reasons for failure to so complete the term shall be factors in any subsequent consideration of a revoked or suspended school for reinstatement.

(10) A separate revocation process for schools exempted on religious grounds is listed in ORS 348.608.

(11) For schools that are part of a corporate entity, limited liability company, general partnership or similar organization, the Commission may extend the at risk, probation, suspension or revocation determination to all entities owned and controlled by the corporation, limited liability company, general partnership or similar organization in regards to their operations in Oregon. Furthermore, while on probation or suspension the Commission may opt to not review or approve any new programs or submittals from the institution, parent company or subsidiaries until all the deficiencies have been addressed to the satisfaction of the Commission.

(12) A school and program that has been placed on suspension shall not engage in any advertising, recruitment or student enrollment activities, or begin the instruction of any new students during the period of suspension. The school must notify enrolled students, employees and any prospective students in writing that the institution has been placed on suspension by the Commission. The school must also place notice of the suspension at the physical site of the school, if there is such, and on any website or other official platform of the school. The notification to students, prospective students, and staff shall be immediate upon the school receiving the Commission's determination notice.

Notes

Or. Admin. Code § 583-030-0045

ECC 22, f. & ef. 12-22-75; EPP 1-1988, f. & cert. ef. 1-7-88; EPP 1-1995, f. & cert. ef. 10-6-95; EPP 1-1996, f. & cert. ef. 8-7-96; ODA 2-1998, f. & cert. ef. 8-12-98; ODA2-2000, f. 7-7-00, cert. ef. 7-20-00; ODA 1-2003, f. & cert. ef. 4-16-03; ODA 1-2004, f. & cert. ef. 1-14-04; ODA 5-2005, f. 12-1-05, cert. ef. 12-7-05; ODA 1-2015, f. & cert. ef. 3/17/2015; ODA 2-2015(Temp), f. & cert. ef. 9-10-15 thru 3-7-16; ODA 1-2016, f. & cert. ef. 2/19/2016

Stat. Auth.: ORS 348.606

Stats. Implemented: ORS 348.603, 348.606 & 348.612