§ 6-61-301 - Incorporation generally.
               	 		
6-61-301.    Incorporation generally.
    (a)    (1)    (A)  Individuals  desiring to establish a postsecondary education institution in the  State of Arkansas, other than a state-supported institution, a school as  defined by    6-51-601 et seq., or a school that is regulated by the  State Board of Cosmetology, shall be required to incorporate under the  applicable laws of the State of Arkansas and to receive certification  for offering educational programs from the Arkansas Higher Education  Coordinating Board.
            (B)  Any  postsecondary education institution located in another state, other than  those covered by    6-51-601 et seq. or those regulated by the State  Board of Cosmetology, which desires to offer course work or degrees in  the State of Arkansas shall be required, prior to offering any course  work, to obtain certification to do so from the Arkansas Higher  Education Coordinating Board.
            (C)  Any  postsecondary education institution in the State of Arkansas desiring  to offer programs leading to a degree that is customarily granted by  colleges or universities shall be required to obtain certification to  grant such degree from the Arkansas Higher Education Coordinating Board.
      (2)  State-supported  vocational and technical schools, institutions covered under    6-51-601  et seq., or institutions regulated by the State Board of Cosmetology  shall be required to obtain approval for programs in which such degrees  would be granted from both the Arkansas Higher Education Coordinating  Board and the State Board of Education.
      (3)  Nonpublic  colleges and universities currently incorporated and operating under  the applicable laws of this state shall not be required to receive such  certification.
(b)  The Arkansas  Higher Education Coordinating Board shall be empowered to establish the  criteria required for certification and to promulgate rules and  regulations for the purpose of carrying out the provisions of this  chapter and shall be charged with the final responsibility for decisions  as required by the chapter.
(c)  Any  person violating the provisions of subdivision (a)(1)(B) or (C) or  subsection (b) of this section shall be guilty of a Class B misdemeanor.
(d)    (1)  To  secure legal existence by act of incorporation, the individuals  desiring to become a corporation as trustees of a college, university,  or other postsecondary institution shall prepare a charter for the  proposed institution and shall present the charter to the Arkansas  Higher Education Coordinating Board.
      (2)  If  the Arkansas Higher Education Coordinating Board determines that the  charter is in accordance with the provisions of the laws of the State of  Arkansas and the rules and regulations of the Arkansas Higher Education  Coordinating Board, the Arkansas Higher Education Coordinating Board  shall issue to the trustees a certificate appended to a copy of the  charter with the Great Seal of the State of Arkansas attached.
      (3)  The  certificate shall state that the accompanying charter is granted to the  trustees, that they have complied with the provisions of law, and that  they are thereby constituted the board of directors of that institution  and invested with all powers prescribed in the charter.
      (4)  A  copy of the charter and certificate shall be filed with the Secretary  of State and recorded by him or her in a book to be kept for the  purpose.
      (5)  The Arkansas Higher  Education Coordinating Board shall have the power, after giving thirty  (30) days' notice in writing to the trustees to show cause why such  action should not be taken, to revoke any certification issued by the  Arkansas Higher Education Coordinating Board whenever the Arkansas  Higher Education Coordinating Board shall find, after proper  investigation, that the institution is conferring degrees or diplomas  without requiring sufficient work therefor or is in violation of any of  the provisions of the laws of this state or the regulations of the  Arkansas Higher Education Coordinating Board relative thereto.