Section 11-202 - Certificate of approval.
§ 11-202. Certificate of approval.
(a) Required.- Except as provided in § 11-202.1 of this subtitle, an institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission.
(b) Issuance.- The Commission shall issue a certificate of approval to an institution of postsecondary education if it finds that:
(1) The facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:
(i) The purposes of the institution; and
(ii) The programs, training, and courses to be offered by the institution; and
(2) The proposed programs to be offered by the institution meet the educational needs of the State.
(c) Notice of deficiencies; hearings.-
(1) If the Commission believes that an institution of postsecondary education that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, the Commission shall give the institution written notice of the specific deficiencies.
(2) Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Commission, and within 60 days of receipt of the request the Commission shall hold a hearing to determine if the certificate of approval should be issued.
(3) If, within 6 months from the date on which the application for certification was submitted to the Commission, the institution has received neither a certificate of approval under subsection (b) of this section nor written notice of deficiencies under this subsection, the institution may request within 20 days a hearing before the Commission to determine if the certificate of approval should be issued.
(d) Judicial review.-
(1) Any institution of postsecondary education that is denied a certificate of approval by the Commission after a hearing granted under subsection (c) of this section has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.
(2) The decision of the Commission shall be presumed correct, and the institution has the burden of proving otherwise.
(3) The Commission shall be a party to the proceeding.
[1988, ch. 246, § 2; 2008, ch. 157; 2010, ch. 221.]