Tenn. Comp. R. & Regs. 1540-01-02-.02 - ROLE OF THE COMMISSION, EXECUTIVE DIRECTOR, AND COMMISSION STAFF

(1) Role of the Tennessee Higher Education Commission (THEC or Commission):

(a) The Commission at each quarterly meeting shall consider recommendations from the Executive Director and Commission staff regarding authorizations and any other matter at the request of the Commission's Executive Director.

(2) Role of the THEC Executive Director:

(a) The Executive Director is empowered to take any urgent action in furtherance of the Act during the periods between Commission meetings, provided that:

1. The Executive Director gives written notice of such action to the affected party;

2. The Executive Director notifies the affected party that they may notify the Commission within ten (10) business days if the aggrieved party desires a hearing and review by the Commission, and that otherwise the action shall be deemed final; and

3. At the same time the Executive Director gives written notice of the action to members of the Commission.

(b) The Executive Director is empowered to review decisions and recommendations of Commission staff as provided for in these rules.

(c) On the advice of Commission staff, the Executive Director, in consultation with the Commission Chair, is authorized to waive these rules upon well documented extraordinary cause, where necessary to protect the public interest, and when consistent with the Act. A waiver shall not be effective for more than one (1) year from its effective date.

(d) The Executive Director may exempt an institution, program, or activity from authorization or from compliance with a specific rule if such an exemption can be demonstrated to be in the public interest. Such exemptions should be temporary and narrow in scope.

(e) The Executive Director is empowered to act in the following matters, subject to a hearing and review by the Commission upon the request of the aggrieved party in the manner provided by T.C.A. § 49-7-2012:

1. Assess fines under the Act and these rules; and

2. Intervene to alter, place conditions on, or revoke, in full or in part, an institution's authorization or program registrations.

(f) The Executive Director is empowered to grant provisional initial authorization to an institution seeking initial regular or optional expedited authorization subject to review and ratification by the Commission at a regularly scheduled meeting.

(g) The Executive Director is empowered to extend authorization time periods of institutions authorized as of July 1, 2022, in order to effectuate the purposes of the Act and these rules. At the Executive Director's direction, Commission staff shall post on the Commission's website notice of authorization extensions and future filing requirements and provide notification of the posting to institutions via email.

(3) Role of the Commission staff:

(a) The office and Commission staff responsible for oversight of the Act and Rule Chapters 1540-01-02 and 1540-01-10 shall be officially referred to as the Tennessee Higher Education Commission, Division of Postsecondary State Authorization (DPSA).

(b) Commission staff and, as needed, other industry representatives or subject matter experts appointed by the Executive Director, shall perform authorization site visits and/or audits to review, inspect, and investigate locations as necessary to ensure compliance with the Act and these rules. Authorization site visits or audits may be conducted at the discretion of Commission staff for reasons including, but not limited to, authorization determinations, program registrations, complaints, investigations, compliance checks, or any situation that may adversely affect students or people at the institution.

(c) Commission staff shall investigate as necessary any activity believed to create a physical presence in Tennessee to verify adherence to the Act and these rules or to determine whether an exemption is appropriate.

(d) Commission staff shall establish due dates, as necessary, for submission of all fees, applications, registrations, certifications, or other materials.

(e) Commission staff may share with state or federal agencies information on institutions seeking, holding, or required to be authorized by the Commission as well as any unauthorized educational operations. Commission staff may share with appropriate accrediting bodies any adverse action recommended or taken by Commission staff, the Executive Director, or Commission.

(f) Commission staff may recommend that the Executive Director take adverse action as described in of the Act or these rules.

Notes

Tenn. Comp. R. & Regs. 1540-01-02-.02

Original rule filed March 26, 1974; effective April 24, 1974. Amendment filed August 7, 1978; effective November 29, 1978. Repeal and new rule filed May 15, 1985; effective July 1, 1985. Repeal and new rule filed January 24, 1990; effective May 1, 1990. Amendment filed December 15, 1992; effective March 31, 1993. Repeal and new rule filed June 24, 1998; effective October 28, 1998. Amendment filed June 6, 2008; declared void and of no effect pursuant to Davidson County Chancery Court's October 2011 order. See also Attorney General Opinion 11-78. Amendments filed April 1, 2013; to have been effective September 28, 2013. However, a petition for a rulemaking hearing was filed June 26, 2013. The Tennessee Higher Education Commission filed a withdrawal of the rule on July 26, 2013. Emergency rules filed August 15, 2016; effective October 3, 2016 through April 1, 2017. Repeal and new rules filed December 21, 2016; effective March 21, 2017. Emergency rules filed June 29, 2022; effective July 1, 2022 through December 28, 2022. Amendments filed September 30, 2022; effective 12/29/2022.

Authority: T.C.A. §§ 49-7-2004 and 49-7-2014 and 2022 Tenn. Pub. Ch. No. 1044.