A. An institution may not utilize distance education as a program modality unless the institution:
(1) As of January 1, 2018, offers at least one distance education program that has been approved by the Commission and that has received appropriate designation from the institutional accreditor; or
(2) Is designated by the Secretary, under §B of this regulation, as an institution eligible to provide distance education.
B. Designation as an Institution Eligible to Provide Distance Education.
(1) An institution of higher education operating in the State that is required to have a certificate of approval from the Commission under COMAR 13.02.01 or 13B.02.02 may request that the Secretary designate the institution as eligible to provide distance education.
(2) An institution desiring to be designated as eligible to provide distance education shall submit an application to the Secretary, on a form prescribed by the Secretary, that:
(a) Demonstrates that:
(i) Distance education is consistent with the institution's mission;
(ii) Institutional resources and the source of funds to support distance education are sufficient;
(iii) Academic oversight, quality control, and student services to be provided shall be sufficient to provide distance education;
(iv) Student supports, including but not limited to technical support, learning resources such as library resources, student support services such as disability services, and student services such as financial aid, academic advising, and career planning, shall be sufficient to support students enrolled in distance education; and
(v) Faculty supports shall provide for best practices and pedagogy in distance education; and
(i) A list of intended programs to be offered as distance education;
(ii) An affirmation that a programís curriculum and objectives shall be coherent, cohesive, and comparable regardless of program modality;
(iii) A signed statement from the President of the institution that the institution shall comply with the C-RAC guidelines; and
(iv) Any complimentary materials submitted to the institutional accreditor for approval to offer distance education.
(3) The Secretary shall review a complete application submitted under §B(2) of this regulation and shall:
(a) Approve the application if it satisfies the criteria set forth in §B(2) of this regulation; or
(b) Disapprove the application, and provide a description of the reasons that the application did not satisfy the criteria set forth in §B(2) of this regulation.
C. An institution offering distance education shall comply with the C-RAC guidelines.