13B.02.02.09

.09 Withdrawal of Approval and Other Sanctions.

A. If, on the basis of available documentation, the Secretary believes that an in-State institution does not meet the conditions or standards on which its certificate of approval, or any other approval issued by the Commission or Secretary, was based, the Secretary shall give the institution written notice specifying the deficiencies believed to exist.

B. The written notice shall specify the alleged deficiencies, direct the in-State institution to correct them within a period of not less than 30 days, and recommend appropriate sanctions if the institution fails to correct the deficiencies.

C. Hearing.

(1) If the in-State institution requests a hearing on the notice of deficiencies, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing shall be received by the Commission within 20 days of the institution's receipt of the notice of deficiencies.

(2) The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.

(3) Subject to §F of this regulation, action on the notice of deficiencies shall be stayed until a determination after the hearing.

(4) Notwithstanding Regulation .11B of this chapter, the Secretary may stay action on any request for approval of a new program by an in-State institution issued a notice of deficiencies, until a determination is made after the hearing.

D. If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the in-State institution or suspend or revoke the institution's certificate of approval or any other approval issued by the Commission or Secretary.

E. In imposing any sanctions under this regulation, the Commission shall consider:

(1) The seriousness of the deficiency;

(2) The harm caused by the deficiency;

(3) The good faith of the in-State institution and any corrective actions taken;

(4) Any history of previous deficiencies; and

(5) Other pertinent circumstances.

F. Judicial Review.

(1) An in-State institution that is aggrieved by an order of the Secretary or Commission has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) The decision of the Commission is presumed correct, and the institution has the burden of proving otherwise.

(3) The Commission shall be a party to the proceeding.

G. Judicial Remedies.

(1) The Secretary may seek an injunction or other judicial remedy at any time following written notice of the deficiencies and before the Commission's final decision, if the Secretary determines that the public interest requires enforcement of the provisions of Education Article, Title 11, Annotated Code of Maryland, or any applicable regulations.

(2) If a court grants relief before a hearing that was requested on a timely basis, the Commission shall schedule the hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court's order, unless the institution requests a delay. The hearing shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.