2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2005 - Commission - Powers and duties

(a)
The commission has the power and duty to:
(1)
Establish minimum standards in conformity with §
49-7-2006
, concerning the provision of education, ethical business practices, and fiscal responsibility, that applicants for authorization must meet before the authorization may be issued, and to continue the authorization in effect. The standards must effectuate the purposes of this part, but the standards shall not unreasonably hinder legitimate educational innovation;
(2)
Receive, investigate as the commission deems necessary, and act upon applications for authorization of postsecondary educational institutions;
(3)
Maintain a list of postsecondary educational institutions authorized to operate in this state under this part. This list must be available to the public;
(4)
Negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if, in the judgment of the commission, the agreements are, or may be, helpful in effectuating the purposes of this part; provided, that nothing contained in the reciprocity agreement must be construed as limiting the commission's powers, duties, and responsibilities with respect to independently investigating, or acting upon, an application for authorization or an application for renewal of the authorization for a postsecondary educational institution, or with respect to the enforcement of any provision of this part or any of the rules or regulations promulgated pursuant to this part;
(5)
Receive, maintain as a permanent file, and distribute pursuant to a lawful request for, copies of academic records in conformity with §
49-7-2016
;
(6)
Promulgate rules, performance standards, and procedures necessary or appropriate for the conduct of its work and for the implementation of this part, and to hold hearings as it deems advisable or as required by law in developing the rules and procedures. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission may, through rulemaking, delegate its powers and duties, as described in this part, to the executive director or to the commission's staff;
(7)
Investigate, as it deems necessary, on its own initiative, or in response to a complaint lodged with it, any person, group, or entity subject to, or reasonably believed by the commission to be subject to, the jurisdiction of this part, and in connection with the investigation; to subpoena any persons, books, records, or documents pertaining to the investigation, which subpoenas must be enforceable by a court of this state; to require answers in writing under oath to questions propounded by the commission; to administer an oath or affirmation to a person in connection with an investigation; and to hold hearings as it deems advisable or as required by law in aid of an investigation or inquiry; and
(8)
Exercise other powers and duties implied, but not enumerated in this subsection (a), but in conformity with this part that, in the judgment of the commission, are determined necessary to carry out this part.
(b)
The commission may require as part of the application for initial authorization of a postsecondary educational institution criminal background checks for all owners and directors of institutions not accredited by an accrediting agency recognized by the United States department of education. The results of the background checks under this section shall be confidential and not open to public inspection.
(c)
The commission may employ other employees it deems necessary to discharge the duties imposed by this part and shall prescribe their duties and, within budgetary limitations, fix their compensation, subject to the approval of the commissioners of finance and administration and human resources.
(d)
To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, agency or commission, and the department, division, board, bureau, agency or commission shall provide, information that will enable the commission to exercise properly its powers and perform its duties under this part.
Amended by 2022 Tenn. Acts, ch. 1044, s 12, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 868, s 10, eff. 10/1/2016.
Acts 1961, ch. 112, §§ 5, 6; 1974, ch. 781, §§ 5, 6; 1976, ch. 806, § 1(135); 1983, ch. 398, § 4; T.C.A., §§ 49-3905, 49-3906; Acts 1992, ch. 1026, § 2; 1998, ch. 685, § 1; 2004, ch. 831, § 2; 2006, ch. 766, § 4.