13B.02.03.27

.27 Steps in the Program Review Process.

A. Submission of a Program Proposal.

(1) If a proposed program can be implemented using existing resources, the program proposal may be submitted simultaneously to the institutionís governing board and the Secretary. Otherwise, the program proposal will be approved by the appropriate governing board before submission to the Secretary.

(2) A program proposal from a public institution must provide documentation as required by Education Article, §11.206.1(c), Annotated Code of Maryland.

(3) Within 10 days after receipt of a program proposal, the Commission:

(a) Shall notify an institution of the status of the institutionís proposal; and

(b) May request documentation deemed to be missing or insufficient in response to the program review parameters.

(4) A program proposal is not considered to be complete until the applicant submits supporting documentation requested by the Commission.

(5) The submission of substantial supplemental information beyond that requested by the Commission may cause a program proposal to be changed significantly, and thereby cause the proposal to be considered a new submission, triggering another 60-day review.

B. Review of a Program Proposal.

(1) The Secretary shall review each program proposal according to the criteria for program review in Regulation .06 of this chapter and the delegation of the Commission authority in Regulation .04 of this chapter.

(2) Immediately after receipt of a completed program proposal, the Secretary shall:

(a) Inform all institutions and segments of the proposal; and

(b) Allow a 30-day period for comments and objections.

(3) The Secretary or an institution may file an objection to implementation of a proposed program if the objection is based on:

(a) Inconsistency of the proposed program with the institutionís approved mission;

(b) Not meeting a regional or Statewide need consistent with the State Plan;

(c) Unreasonable program duplication which would cause demonstrable harm to another institution; or

(d) Violation of the Stateís equal educational opportunity obligations under State and federal law.

(4) If an objection is filed under §B(3) of this regulation, the Commission shall immediately notify the proposing institutionís governing board and president.

(5) The Secretary shall determine that an institutional objection is justified if it is based upon the criteria in §B(3) of this regulation and is accompanied by detailed data and information supporting the reasons for the objection.

(6) The Secretary may request additional information from the proposing or objecting institutions.

(7) If the Secretary determines that an objection is justified under §B(5) of this regulation, the Secretary shall negotiate with the proposing institutionís governing board and president, or designees, to modify the proposed program in order to resolve the objection.

(8) The Secretary may invite representatives of the objecting institution to any negotiations.

(9) If the objection cannot be resolved within 30 days of receipt of an objection, the Secretary shall make a final determination on the proposed new program unless the respective representatives of the proposing and objecting institutions agree to a longer negotiation period.

(10) The review shall be completed within 60 days of the date the Secretary determined that the program proposal was complete unless the deadline is extended with the agreement of the proposing institution.

C. Final Action by the Secretary.

(1) Favorable Action.

(a) Unless there is a request for a Commission review, favorable action by the Secretary on a completed program proposal constitutes final program approval or recommendation, and final degree authorization, if required.

(b) An institution shall implement an approved or recommended program in accordance with the approved program proposal and the conditions set by the Secretary.

(c) The Secretary may request an institution to submit a progress report responding to the original proposal and any conditions that may be imposed.

(2) Unfavorable Action.

(a) If the Secretary does not approve or recommend the program proposal, the Secretary shall provide a written explanation of the reasons for the disapproval or non-recommendation.

(b) Following the Secretaryís decision, an institution may elect to:

(i) Revise the proposal to address the Secretaryís reasons for disapproval or non-recommendation and submit the revised proposal for reconsideration; or

(ii) Have the matter reviewed by the Commission in accordance with Regulation .28 of this chapter.

(c) A revised, resubmitted program proposal is considered a new proposal for purposes of the statutory 60-day time frame for Commission action.