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13b.01.03.00.htm 13B.01.03.00. Title 13B MARYLAND HIGHER EDUCATION COMMISSION Subtitle 01 NONPUBLIC SCHOOLS Chapter 03 Classification of Nonpublic Institutions of Higher Education Authority: Education Article, §11-105(u) and 11-407.1, Annotated Code of Maryland; Ch. 515, Acts of 2019
13b.01.03.01.htm 13B.01.03.01. 01 Purpose and Scope.. A. The purpose of this chapter is to provide a procedure for the Commission to determine if a nonpublic institution of higher education is a private nonprofit institution of higher education or a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland.B. This chapter does not affect any rights or obligations of a nonpublic institution of higher education that are not governed by:
13b.01.03.02.htm 13B.01.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Commission” means the Maryland Higher Education Commission.. 2) “Disqualified person” means any person who was in a position to exercise substantial influence over the affairs of the institution any time during the 5 years prior to the date of a transaction, and includes, but is not limited to:a) Current and former officers, directors, trustees, and key employees;.
13b.01.03.03.htm 13B.01.03.03. 03 Delegation to Secretary.. A. The Commission delegates to the Secretary the responsibility and authority to act on its behalf in the determination of whether an institution of higher education is a private nonprofit institution of higher education or a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland.B. The Secretary shall prepare and present a report to the Commission by June 30 of each year and as otherwise requested by t
13b.01.03.04.htm 13B.01.03.04. 04 Criteria for Classification.. A. An institution of higher education shall be determined to be a private nonprofit institution of higher education under §10-101 of the Education Article if it:1) Benefits no person or entity through any part of its net earnings;. 2) Is legally authorized to operate as a nonprofit organization by each state in which it is physically located;3) Has been determined by the IRS to be an organization to which contributions are tax deductible in
13b.01.03.05.htm 13B.01.03.05. 05 Reporting Requirements.. A. To be classified as a private nonprofit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, an institution of higher education shall provide to the Secretary, by March 1 of each year, a report in a form prescribed by the Secretary.B. In the report, the institution shall include the following:. 1) A certification that the institution:. a) Benefits no person or entity through any part of its net earnings;.
13b.01.03.06.htm 13B.01.03.06. 06 Initial Review.. A. The Secretary may request additional information from an institution to determine its classification.B. The Secretary shall consult with the Consumer Protection Division of the Office of the Attorney General before determining that any reportable incident does not constitute private inurement.C. If the Secretary finds, based on all the information available to the Secretary, that the requirements of Regulation .04A of this chapter are met b
13b.01.03.07.htm 13B.01.03.07. 07 Determination After Statement of Findings.. A. An institution may, within 20 days of receipt of a statement of findings under Regulation .06 of this chapter, submit to the Secretary a response and proposed corrective action plan.B. If the Secretary does not receive a response to the statement of findings within the specified time period, the Secretary shall issue a determination affirming the statement of findings and classifying the institution as a for-profit institution o
13b.01.03.08.htm 13B.01.03.08. 08 Hearings.. A. Requests.. 1) If, within 45 days after timely submission of a report under Regulation .05 of this chapter, an institution has not received a determination or a statement of findings, the institution may request a hearing before the Commission to determine its classification.2) If, within 20 days after timely submission of a response to a statement of findings, an institution has not received a determination or a notice of deferral, the institutio
13b.01.03.09.htm 13B.01.03.09. 09 Effect of Classification.. A. The Secretary may take any action regarding the institution that is permissible under Education Article, Annotated Code of Maryland, and this title for the Commission to take regarding a for-profit institution of higher education, after:1) The Secretary issues a determination of classification as a for-profit institution of higher education and no request for a hearing is received within 20 days;2) An institution has been determined to be a for-
13b.01.03.9999.htm 13B.01.03.9999. Administrative History Effective date: February 24, 2020 (47:4 Md. R. 262).
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