§ 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.