Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 02 - ACADEMIC REGULATIONS › Chapter 13B.02.01 - Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland › Section 13B.02.01.07 - Institutional Initial Approval Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. An out-of-State institution seeking initial approval may not operate in Maryland, do business, recruit or enroll students, begin instruction, or promote advanced publicity through advertisements, announcements, or other similar media on proposed courses or programs to be offered in Maryland until it obtains approval from the Secretary in accordance with this chapter.
B. The Secretary's approval to operate in Maryland, if granted, shall be for a period of 1 year and may be renewable on an annual basis for the first 5 years of operation in Maryland, and thereafter for an extended period of time up to 5 years.
C. An out-of-State institution that has received a certificate of approval to operate in Maryland may not add a new program until it has complied with §D(3) of this regulation.
D. Procedures to Apply for Initial Approval to Operate in Maryland.
(1) To receive initial approval to operate in Maryland, the chief executive officer shall submit to the Secretary, on the forms provided, a written application for authorization to offer one or more postsecondary educational courses or programs in a specific location in Maryland. The completed application and all supportive documentation shall be provided at least 5 months before the out-of-State institution proposes to begin operation.
(2) An institution shall submit a non-refundable application fee in the amount of:
(a) $7,500 for up to two degree programs; and
(b) An additional $850 for each degree program over two programs.
(3) The application to offer degree and certificate programs shall include:
(a) Identification of the institution;
(b) The specific address, if known, or the geographical location of proposed operation, including, at a minimum, the county or city, with the specific address to be provided when known;
(c) Proposed start date and term of operation;
(d) Identification of authorized representatives;
(e) Board of trustees resolution of financial solvency;
(f) Except as provided in §D(4)(a) of this regulation, certificate of incorporation as a foreign (out-of State) corporation from the Department of Assessments and Taxation;
(g) Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;
(h) Copies of awards to be granted;
(i) Programmatic data, including the degree or certificate, the curriculum, and proposed schedule of classes;
(j) A detailed and accurate description of the proposed programs and operations including:
(i) All degree and certificate programs to be offered by the institution;
(ii) A description of the objectives of each degree and certificate program including the mode of instructional delivery;
(iii) A description of the student population to be served; and
(iv) A description of a teach-out plan allowing enrolled students to complete their program if the institution decides to cease operation in Maryland;
(k) Evidence of a critical and compelling regional or Statewide need and demand for specific academic degree programs in a specific geographic region of the State in accordance with Regulation .06 of this chapter;
(l) Data projecting market demand and the availability of openings in the job market to be served by each new program;
(m) Qualification of instructors and staff;
(n) Library resources;
(o) Certificate of compliance with fire and safety codes;
(p) Copies of advertisements; and
(q) If applicable, a letter of sponsorship from the employer or institution that is requesting the out-of-State institution to offer a program in Maryland.
(4) Certificate of Incorporation.
(a) A public institution is not required to submit a certificate of incorporation as a foreign corporation.
(b) A business entity affiliated with a public institution is required to submit a certificate of incorporation.
(5) The institution may apply to offer courses only if the full complement of courses comprise not more than 3 courses or 9 credits of a degree or certificate program. The application to offer courses shall include:
(a) Identification of the institution;
(b) The specific address, if known, or the geographic location of proposed operation, including, at a minimum, the county or city, with the specific address to be provided when known;
(c) Proposed start date and term of operation;
(d) Certificate of incorporation as a foreign (out-of-State) corporation, if required by State law;
(e) Institutional accreditation status with an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation;
(f) Programmatic data, including the degree or certificate, the curriculum, and the proposed schedule of classes;
(g) A description of the objectives of each course including the mode of instructional delivery;
(h) A description of the student population to be served;
(i) Evidence of a critical and compelling regional or Statewide need and demand for specific academic degree programs in a specific geographic region of the State in accordance with Regulation .06 of this chapter;
(j) Qualification of instructors and staff;
(k) Certificate of compliance with fire and safety codes; and
(l) If applicable, a letter of sponsorship from the employer or institution that is requesting the institution to offer a course in Maryland.
(6) Application to Operate in Maryland as a Closed Site Out-of-State Institution.
(a) An application to offer degree and certificate programs as a closed-site institution shall include all of the application requirements specified in §D(3) of this regulation. An application to offer not more than 3 courses or 9 credits of a degree or certificate program as a closed-site institution shall include all of the application requirements specified in §D(5) of this regulation.
(b) In addition, the institution shall supply a memorandum of understanding from the Maryland entity sponsoring the institution. The memorandum of understanding shall specify that the institution is operating as a closed-site and that courses are offered solely for its own employees.