13B.02.05.09

.09 Administrative Review of SARA Decisions.

A. If the Secretary issues a decision to deny an institution’s application to participate in SARA, to deny its renewal application under SARA, or to terminate its participation in SARA, the president of the institution may, within 10 days of issuance of the Secretary’s decision, notify the Commission that the institution seeks the Commission’s review of the Secretary’s decision.

B. If the president of the institution does not notify the Commission that it seeks review of the Secretary’s decision within 10 days of issuance of the decision, the decision shall be final.

C. Within 30 days of notifying the Commission that the institution seeks review of the Secretary’s decision, the president of the institution, in writing:

(1) Shall submit to the Commission the grounds upon which the institution objects to the Secretary’s decision; and

(2) May request a hearing before the Commission.

D. Within 30 days of receipt of the institution’s written statement, the Secretary shall issue a written statement setting forth the reasons supporting the Secretary’s decision.

E. If the institution has requested a hearing, within 60 days of issuance of the Secretary’s written statement in support of the Secretary’s decision, the Commission shall schedule a hearing to consider the institution’s objections to the Secretary’s decision.

F. At the hearing, the president of the institution or the president’s designee, and the Secretary or the Secretary’s designee, each shall have 15 minutes, or longer at the discretion of the Chairman of the Commission, to present data and arguments to the Commission regarding the Secretary’s decision.

G. Within 10 working days of the hearing or, if no hearing has been requested, within 60 days of issuance of the Secretary’s written statement in support of the Secretary’s decision, the Commission shall issue an order:

(1) Affirming the Secretary’s decision;

(2) Reversing the Secretary’s decision; or

(3) Remanding the decision to the Secretary for further action as directed by the Commission.

H. The Commission’s order is final, and is not subject to reconsideration by the Commission or review by any other administrative or judicial body.