California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 2 - Applications › Article 3 - Applications for Verification of Exempt Status › Section 71395 - Application; Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  order to obtain verification from the Bureau that it is exempt pursuant to
				  Section 94874 of the Code, an institution
				  must complete "Application for Verification of Exempt Status," Form Application
				  94874 (rev. 2/10).
(b) The
				  application for verification of exemption shall include all of the following:
(1) The name, telephone number of the
				  institution, and its website address;
(2) The physical address of the institution's
				  primary administrative location in California;
(3) The mailing address of the
				  institution;
(4) The name, address,
				  email address, and telephone number of an individual who will function as the
				  institution's contact person for the purposes of the application;
(5) Identification of the type of exemption
				  or exemptions for which the institution believes it qualifies;
(6) If an institution is claiming an
				  exemption under section
				  94874(b),
				  94874(e),
				  94874(h) and
				  94874(j) of the
				  Code, identify the form of business organization of the institution (i.e., sole
				  proprietorship, general or limited partnership, for-profit corporation or
				  nonprofit corporation, or nonprofit religious corporation) and provide
				  documentation verifying the form of business organization. If the institution
				  is incorporated, the institution shall also identify the state within which the
				  institution is incorporated and the date of incorporation;
(7) If an instituion is claiming an exemption
				  under section
				  94874(d)(2),
				  94874(g),
				  94874(h),
				  94874(i),
				  94874(j) or
				  94874.1 of the Code, a letter from
				  that entity indicating the validity of the accreditation or approval, and the
				  name and contact information for a representative of that entity;
(8) If an institution is claiming an
				  exemption under section
				  94874(a),
				  94874(b),
				  94874(d)(1),
				  94874(d)(2),
				  94874(e),
				  94874(g), for each
				  educational program offered or proposed to be offered by the institution, the
				  following information:
(A) The title and
				  description of the educational program;
(B) The full title and description of any
				  diploma, certificate, degree or other similar title awarded to students who
				  complete the program; and
(9) The total institutional charges for the
				  educational program, and whether or not the institution is approved to offer
				  federal financial assistance if applying for an exemption under Section
				  94874(f) of the
				  Code; and
(10) Admission criteria
				  if applying for an exemption under section
				  94874(b) of the
				  Code.
(11) In addition to other
				  requirements of this section, institutions claiming exemption under section
				  94874(e) of the
				  Code shall provide verification of operation as a nonprofit religious
				  corporation pursuant to Part 4 (commencing with Section
				  9110) of Division 2 of Title 1 of
				  the Corporations Code.
(12) In
				  addition to other requirements of this section, institutions claiming exemption
				  under section
				  94874(h) shall
				  provide verification of operation under section
				  501(c)(3) of the
				  United States Internal Revenue Code and verification that the organization
				  exclusively provides workforce development or rehabilitation
				  services.
(13) In addition to other
				  requirements of this section, institutions claiming exemption under section
				  94874(j) shall
				  provide documentation of:
(A) operation in
				  California for a minimum of 25 years; and
(B) a statement that the institution has
				  never filed for bankruptcy; and
(C)
				  the cohort default rate on guaranteed student loans for the most recent three
				  years; and
(D) cancellation and
				  refund policies; and
(E) copies of
				  the most recent composite scores of equity, primary reserve, and net income
				  ratios as submitted to the United Stated Department of Education; and
(F) the most recent IRS Form
				  990.
(14) A statement
				  that the applicant understands that a verification of exemption obtained from
				  the Bureau is not an Approval to Operate issued pursuant to section
				  94886 or
				  94890 of the Code, and that the
				  institution is prohibited from advertising, claiming, or implying that it has
				  been approved to operate by the Bureau, unless it has been issued such an
				  approval; and
(15) Any material
				  facts as defined by section
				  71340(a) of this
				  Chapter.