reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.43 - Member Contributions

Current through Register 1525, July 5, 2024
Optional Retirement Program member contributions shall be
						deducted once each month on the Thursday before the second to last Saturday of
						each month, or according to the payroll schedule as promulgated by the
						Commonwealth's payroll system. The current pay period begins the day following
						the last Saturday of each month and ends on the last Saturday of the next
						month, or as defined by the Commonwealth's payroll system.
(1) Optional Retirement Program member
					contributions shall be held in a Board Employee Deduction Escrow Account
					maintained by the Board until such time the employee elects to or not to
					participate in the Optional Retirement Program, or the initial 90 day election
					period expires.
(2) The cumulative
					member contributions deducted shall accrue interest while in the Board Employee
					Deduction Escrow Account.
(3) Upon
					election by the employee to participate in the Optional Retirement Program, the
					escrowed member contributions with interest shall be transferred by the Board
					from the Board Employee Deduction Escrow Account to the Employee's Optional
					Retirement Program account at the Provider.
(4) Upon election by the employee to not
					participate in the Optional Retirement Program, or when the initial 90 day
					election period expires without election by the employee, the escrowed member
					contributions shall be transferred by the Board from the Board Employee
					Deduction Escrow Account to the Employee's Member Account at the State Board of
					Retirement. Interest earnings on said contributions shall be paid from the
					Board Employee Deduction Escrow Account to the employee.
(5) An employee electing not to participate
					in the Optional Retirement Program or whose election period to participate in
					the Optional Retirement Program expires, shall become a member of the State
					Employees' Retirement System in accordance with existing statutes.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.44 - Employer Contributions

Current through Register 1525, July 5, 2024
The State Employees' Retirement System shall contribute an
						amount equal to 5% of the regular compensation of each participating Optional
						Retirement Program employee to the Optional Retirement Program. This employer
						contribution shall be paid directly by the State Employees' Retirement System
						to the Board Optional Retirement Program Trust Fund.
(1) The Board shall make a monthly accounting
					and shall submit to the State Retirement Board within ten working days after
					the last Saturday of each month, by individual and in total, a report of the
					dollars of regular compensation of Optional Retirement Program
					participants.
(2) The Board shall
					also present to the State Retirement Board within ten working days after the
					last Saturday of each month, or the last day of the pay period, an invoice
					amounting to 5% of the total regular compensation of Optional Retirement
					Program participants for the State Retirement Board to pay to the
					Board.
(3) The State Retirement
					Board shall utilize the State warrant process to submit a payment to the Board
					within ten working days of receipt of the Board invoice.
(4) The State Retirement Board shall make the
					employer contribution payment directly to the Board Optional Retirement Program
					Trust Fund.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.45 - Life and Disability Account

Current through Register 1525, July 5, 2024
Once received by the Board, up to one percent of the employer's
						contribution shall be transferred by the Board from the Optional Retirement
						Program Trust Fund to individual Life and Disability Accounts at an Insurer in
						proportion to each member's regular compensation for that pay period.
(1) An accounting shall be made by the Board
					of the individual and total amounts transferred to the Insurer.
(2) A monthly report shall be issued by the
					Board detailing the amounts transferred by the Board to individual Life and
					Disability Accounts at the Insurer.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.46 - Administrative Account

Current through Register 1525, July 5, 2024
The costs to start-up the Optional Retirement Program and the
						monthly administrative costs to operate the Optional Retirement Program shall
						be paid from the employer contribution from the Board Optional Retirement
						Program Trust Fund to the Board Administrative Account.
(1) The Board shall prepare a one-time
					invoice consisting of Board costs to establish the Optional Retirement Program
					from the date the Board incurred Optional Retirement Program start-up costs
					through the date of the invoice.
(2) The Board C start-up costs invoice shall
					be submitted by the Board to the Comptroller for approval and payment shall be
					made from the Optional Retirement Program Trust Fund to the Optional Retirement
					Program Administrative Account.
(3)
					The Board shall prepare each month a fee invoice consisting of Board
					administrative direct costs and shall submit said invoice to the Comptroller
					for approval and payment.
(4) The
					Board monthly fee shall be paid from the Optional Retirement Program Trust Fund
					to the Optional Retirement Program Administrative Account.
(5) A monthly report shall be issued by the
					Board detailing the amounts transferred to the Administrative Account for the
					start-up costs and direct administrative costs.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.47 - Employee Account

Current through Register 1525, July 5, 2024
The Board shall transfer monthly the balance of the employer
						contribution (less Life and Disability Account and Monthly Fee) from the
						Optional Retirement Program Trust Fund to the Optional Retirement Program
						Employee Accounts maintained by not less than two and no more than four
						providers.
(1) A monthly accounting
					shall be made by the Board of the:
(a) Total
					monthly amount of regular compensation of all Optional Retirement Program
					participants.
(b) Total monthly
					amount transferred to the Life and Disability Account.
(c) Total monthly amount paid to the
					Administrative Account.
(d) The
					monthly balance of the State Employees Retirement System employer
					contribution.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.48 - Monthly Reporting

Current through Register 1525, July 5, 2024
The Board shall make, or provide for, a monthly report of
						member and employer contribution transactions and shall submit the monthly
						report to:
(1) Comptroller;
(2) State Board of Retirement;
(3) Group Insurance Commission;
(4) State Treasurer.
(5) The Board shall make, or provide for, a
					monthly reporting of member and employer contributions to each Optional
					Retirement Program participant.
(6)
					The chairmen of the joint committee on public service shall receive a monthly
					report upon request.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.50 - Provider and Insurer Oversight

Current through Register 1525, July 5, 2024
The Board shall at least annually monitor and evaluate the
						performance of the Providers and the Insurer in order to ensure that fiduciary
						standards as defined in M.G.L. c. 32, § 23(3) are maintained by the
						Providers and the Insurer.
(1) The
					Board or Council, in its own discretion, may terminate any such contract with
					any such Provider or Insurer with 90 days written notice should a Provider or
					Insurer breech its fiduciary responsibilities.
(2) The Board or Council, in its own
					discretion, may re-bid the services provided by a Provider or the Insurer,
					should a Provider or Insurer breech its fiduciary responsibilities.
(3) If there is a breach of fiduciary
					responsibility by the Insurer, those services may be competitively
					rebid.
(4) If a Provider breaches
					its fiduciary responsibility, the participants shall choose between the other
					selected provider(s) or the Board can select another provider through the
					competitive bidding process.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
								610 CMR 12.00 governs the entry of the Commonwealth into the State Authorization Reciprocity Agreement (SARA), a higher education interstate reciprocity agreement that permits institutions of higher education in Massachusetts to offer distance education programs in other participating states without needing to obtain degree-granting authorization separately from each state and that, in return, permits duly authorized institutions of higher education in other participating states to offer distance education programs to Massachusetts students without needing to obtain degree-granting authority from the Commonwealth pursuant to 610 CMR 2.00:
Degree-granting Regulations for Independent Institutions of Higher Education
and consistent with  34 CFR Part 600. 610 CMR 12.00 establishes minimum standards for Massachusetts institutions that voluntarily apply to join SARA and sets forth the requirements for initial institutional applications, renewals, removals, and consumer complaints.
(2)
								610 CMR 12.00 does not affect the existing obligations of in-state institutions to seek and obtain institutional and programmatic reviews and approvals for degree-granting programs from the Board for all programs, including distance and online programs, as set forth in 610 CMR 2.00:
Degree-granting Regulations for Independent Institutions of Higher Education.
610 CMR 12.00 does not affect the existing jurisdictional exemptions from 610 CMR 2.00 for in-state institutions chartered prior to 1943 that are authorized by the legislature or state constitution to offer degree programs and confer post-secondary degrees in Massachusetts; except that such institutions which seek to offer distance education programs under SARA shall be subject to 610 CMR 12.00 for the purpose of SARA participation. It also does not apply to:
(a) out-of-state institutions that are not members of SARA which seek to offer distance education to Massachusetts residents; and
(b) out-of-state institutions that are not members of SARA which establish a physical presence in Massachusetts pursuant to the Department's physical presence policy and/or regulations.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.05 - Application for Renewal of Approval to Operate under SARA

Current through Register 1525, July 5, 2024
(1) Approval for participation in SARA is valid for one year from the date of notification of the Board's approval of an institution's initial or renewal application. An institution is required to annually submit an application for renewal of participation in SARA.
(2) An institution will receive a reminder that it must submit an application for renewal of its approval to operate under SARA 90 days prior to the expiration of its existing term of approval.
(3) An institution applying for renewal must submit its complete application, along with the fee required by 610 CMR 12.08 and set forth in Board policy, to the Department no later than 60 days prior to the expiration of its existing term of approval. The Department shall make renewal application forms available on its website. An institution should submit its renewal application, along with the fee required by 610 CMR 12.08 and set forth in Board policy, to the Department.
If an institution does not submit its application 60 days prior to the expiration of its existing term of approval, the Commissioner may charge the institution a late fee in the amount of $25.00 per day for up to 60 days, until the expiration of the existing term of approval.
No action will be taken on an institution's renewal application until it is deemed by the Department to be complete and all required fees have been processed.
(4) All properly submitted and complete renewal applications will be reviewed by the Department to determine whether the institution continues to meet the eligibility requirements set forth in 610 CMR 12.03 and whether the institution is in compliance with the SARA Manual, including a review of the history of complaints received regarding an institution and its compliance with the requirements of 610 CMR 2.00:
Degree-granting Regulations for Independent Institutions of Higher Education,
if applicable Following its review, the Department will make a determination on the renewal of an institution's approval to operate under SARA consistent with the procedures set forth in 610 CMR 12.04(5).
(5) If an institution knows that it will not be applying for renewal to operate under SARA, it should provide the Department with written notice to that effect 30 days prior to the expiration of its approval to operate under SARA.
(6) An institution that does not apply for renewal prior to the expiration of its approval is no longer approved to operate under SARA and may reapply to the Department for approval no earlier than 180 days from the date of the expiration of its approval.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.06 - Loss of Eligibility and Removal

Current through Register 1525, July 5, 2024
The Department may revoke an institution's approval to operate under SARA if it makes a finding that the institution is no longer eligible, that the institution is not in compliance with the SARA Manual, or that the institution otherwise fails to meet the requirements of 610 CMR 12.00. The Department shall notify an institution of the revocation in writing. An institution may appeal a revocation of its approval to operate under SARA to the Commissioner or his or her designee in a timeframe and manner prescribed by the Commissioner. It may submit additional information in support of its position, and it may request that a public hearing on its removal from SARA be held.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.07 - Complaints

Current through Register 1525, July 5, 2024
(1)610 CMR 12.07 applies only to complaints which pertain to distance education provided by institutions approved by the Board to operate under SARA to students residing in other states pursuant to SARA. Complaints about a SARA institution's in-state operations, including intrastate distance education, are to be resolved pursuant to 610 CMR 2.00:
Degree-granting Regulations for Independent Institutions of Higher Education Standards,
where applicable, or otherwise in accordance with the institution's policies.
(2) A student who receives SARA distance education from an institution approved by the Board to operate under SARA may, after exhausting the institution's procedures for resolution of grievances, file a written complaint regarding the institution with the Department. The Department shall make complaint forms available on its website:
www.mass.edu
.
(3) The Department shall review and attempt to resolve complaints which pertain to SARA distance education provided by institutions approved by the Board to operate under SARA as follows:
(a) The Department shall send a copy of the complaint to the institution that is the subject of the complaint;
(b) Within 30 days of the date that the Department sends a copy of the complaint to the institution, the institution must provide a written response to the student and the Department;
(c) Within 30 days of the date the Department received the institution's response, or if the Department receives no response, the Commissioner or his or her designee shall issue a notice to the institution containing the Commissioner's findings regarding the complaint; any corrective actions that the institution shall take to comply with the requirements of 610 CMR 12.00; and that, should the institution fail to take those corrective actions, the complaint shall be referred to the Office of the Attorney General for review and, if the Office of the Attorney General deems it appropriate, enforcement action.
(d) The Department may review and consider an institution's history of complaints received under 610 CMR 12.07, and 610 CMR 2.00:
Degree-granting Regulations for Independent Institutions of Higher Education
to determine if an institution's application should be denied, if an institution's renewal application should be denied, if an institution should be moved to provisional status, or if an institution should be disapproved to operate under SARA.
(e) Nothing in 610 CMR 12.07 precludes the Commonwealth, including the Office of the Attorney General, from simultaneously enforcing its laws and regulations, including laws of consumer protection and fraud prevention, such as 940 CMR 31.00:
For-profit and Occupational Schools,
against an institution approved by the Department to operate under SARA.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.08 - Fees

Current through Register 1525, July 5, 2024
(1) Massachusetts institutions seeking approval to operate under SARA shall be subject to annual fees to be paid to the Department to obtain and/or maintain their participation in SARA. The Department annual fee is separate from and in addition to the annual fee charged by NC-SARA.
(2) The annual fee schedule shall be established by the Board through policy and shall be periodically reviewed and revised as needed. Factors that the Board may take into account in setting fee levels may include, but not be limited to: the number of Massachusetts institutions participating in SARA; the full-time equivalent enrollment at institutions as reported to IPEDS; the cost to the Commonwealth to administer SARA; distance learning revenue; and industry norms, such as average fees charged by similarly situated SARA states.
(3) All fees required under these regulations shall be paid to the Board's Licensing Fee Trust Fund and shall be used solely for the purposes of the Licensing Fee Trust Fund.
(4) The annual fees for approval to operate under SARA shall be due upon an institution's submission of an application for initial approval (pursuant to 610 CMR 12.04 ) or an application for renewal (pursuant to 610 CMR 12.05 ). Applications, both initial and renewal, will not be reviewed by the Department until the required fee has been processed.
(5) In addition to the fees required by 610 CMR 12.08(1) and set forth in Board policy, institutions that have been approved by the Department to participate in SARA shall be subject to the annual fees required by NC-SARA as provided in the SARA Manual. All institutions, regardless of the Department's fee schedule, must remit fees to NC-SARA.
(6) If the Department disapproves an institution's application, the institution will be eligible for a partial refund of its annual fee, minus an amount to be determined by the Board which represents the costs to the Department for application review. If NC-SARA disapproves an institution's application after the Department has approved it, no refund will be made.
(7) No refund shall be made to an institution that is removed from eligibility pursuant to 610 CMR 12.06 during an approval period.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.09 - Withdrawal

Current through Register 1525, July 5, 2024
(1) Should Massachusetts withdraw from SARA, the Department will notify all SARA participating institutions in Massachusetts of the Commonwealth's changed status.
(2) An institution operating under SARA through Massachusetts may continue to do so until the conclusion of its current academic term or 90 days after the date of receipt of notice of withdrawal, whichever is later, but not to exceed six months from the date the withdrawal notice was received by the NEB HE.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 12.00 - Operation of Massachusetts Degree-Granting Institutions under the State Authorization Reciprocity Agreement › Section 12.10 - Non-SARA Reciprocity Agreements

Current through Register 1525, July 5, 2024
Nothing in this regulation shall preclude the Commonwealth from pursuing and entering into any other reciprocity agreement with any other state, commonwealth, district, or territory, including those states, commonwealths, districts, or territories that are not members of SARA.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
610 CMR 13.00 governs the Board of Higher Education's annual
				assessment of independent institutions of higher education to review and
				monitor the financial stability and viability of said institutions, as
				authorized pursuant to M.G.L. c. 69, § 31B. 610 CMR 13.00 also directs the
				Board of Higher Education's implementation of certain additional elements of
				M.G.L. c. 69, § 31B, including the requirement that members of the
				governing board of private institutions of higher education receive training
				and the requirement that private institutions of higher education post their
				annual audited financial statements on their websites. 610 CMR 13.00 does not
				affect the existing jurisdictional exceptions from the requirements set forth
				in 610 CMR
				2.00:
Degreegranting Regulations for
				Independent Institutions of Higher Education
for certain in-state,
				independent institutions chartered prior to 1943 that are authorized by the
				legislature or state constitution to offer degree programs and confer
				postsecondary degrees in the Commonwealth. 610 CMR 13.00 does not apply to
				out-of-state institutions with the power to grant degrees to Massachusetts
				students by virtue of participation in the State Authorization Reciprocity
				Agreement (SARA).
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 610 CMR 13.00:
Accrediting Agency
. A regional or
				national entity that grants formal recognition or acceptance of an institution
				or of programs or portions of the institution and is recognized by the U.S.
				Department of Education as a reliable authority concerning the quality of
				education or training offered by the institutions of higher education or higher
				education programs it accredits.
Board of Higher Education (Board)
. The
				agency established pursuant to the provisions of M.G.L. c. 15A, §
				4.
Commissioner of Higher Education
				(Commissioner)
. The chief executive and administrative officer of
				the Department and the Board, pursuant to M.G.L. c. 15A, § 6.
Department of Higher Education
				(Department)
. The agency established pursuant to M.G.L. c. 15A,
				§ 6.
Independent Higher Education Institution
				(Institution)
. An independent institution of higher education
				located in the Commonwealth and authorized to grant degrees pursuant to any
				general or special law.
Risk of Imminent Closure
. A
				determination made by the Commissioner, based on an assessment of an
				Institution's financial resources, that the Institution is at risk of being
				unable to continue operations or substantially fulfill its obligations to
				enrolled and admitted students for the balance of the current and subsequent
				academic year, using December 1st as the annual
				threshold measurement date.
Student Records
. Information and
				documents relating to a student's academic career and the institution's
				academic offerings including, but not limited to, transcripts for students who
				are currently attending the institution or have attended the institution;
				graduation lists or other comparable academic documentation for students who
				have graduated from the institution; and college catalogs.
Trustee
. A voting member of the
				governing body of a college or university.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.03 - Annual Financial Assessment

Current through Register 1525, July 5, 2024
The Department shall ensure that mandatory annual financial
				assessments of Institutions are conducted in accordance with the following
				procedures.
(1)
Screening
.
(a)
Annual Screening
. All Institutions shall be screened
			 annually for the purpose of assessing each Institution's past, present, and
			 future financial stability to identify any Institution potentially at Risk of
			 Imminent Closure.
(b)
Screening Tools
. The Board shall establish the
			 procedures, to be used in the screening process, after consultation with
			 representatives of Institutions and other stakeholders, and shall periodically
			 review and refine such procedures as needed. Said procedures may include, but
			 are not limited to:
1. The use of financial
			 and non-financial indicators from publicly available data sources to conduct a
			 preliminary assessment of whether the Institution may be at Risk of Imminent
			 Closure.
2. Credit ratings assigned
			 to Institutions by credit rating agencies or services.
3. Any information obtained from other
			 regulatory, oversight, or law enforcement entities, including Accrediting
			 Agencies, the U.S. Department of Education, and the Massachusetts Office of the
			 Attorney General, that could allow the Department to evaluate the sufficiency
			 of the Institution's financial resources.
(c)
Notification and
			 Consideration of Other Information Relevant to the Screening
. The
			 Commissioner shall notify each Institution identified through the screening
			 process as potentially at Risk of Imminent Closure under 610 CMR 13.03(1)(c).
			 The notification shall include Department staff outreach to the administration
			 of the Institution to provide an opportunity to review the results of the
			 screening process, including the analytical methodology, and to submit
			 additional information that they or the Commissioner deem relevant to the
			 screening results, including updated data not taken into account as part of the
			 methodology used.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.04 - Contingency Planning for Closure and Notification to the Public

Current through Register 1525, July 5, 2024
(1)
Contingency Planning for
			 Closure
. All contingency closure plans required by the
			 Commissioner from an Institution shall be submitted by the Institution to
			 Department staff in a format prescribed by the Department. While the
			 development of contingency closure plans is typically an iterative process, all
			 complete contingency closure plans must, in addition to any elements required
			 by M.G.L. c. 69, § 31B, include the development of transfer and
			 articulation agreements for students, provide a comprehensive budget which
			 shows the existence and commitment of sufficient resources to sustain the
			 Institution's educational offerings through closure, and consider the broader
			 impacts of closure on the Institution's key constituencies, including faculty,
			 staff, and the host community.
(a) An
			 Institution required to submit a contingency closure plan to the Department
			 must also, as part of its risk mitigation plan submission, include the
			 following:
1. A Student Deposit Refund Plan
			 that assures the refund of any deposits made by students in anticipation of
			 enrolling or continuing their enrollment at the Institution, in the event that
			 the Institution closes before students have received the entirety of the
			 educational services for which their deposits were to be applied; and
2. A Student Records Maintenance Plan to
			 cover the cost of protecting and maintaining all Student Records from at least
			 the past 60 years, including ensuring that Student Records are in a digitized,
			 accessible, indexed, searchable, and readily convertible, portable format. The
			 plan must encompass all Student Records held by the Institution, including
			 those from other, closed Institutions for which the Institution serves as
			 custodian.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.05 - Advisory Committee

Current through Register 1525, July 5, 2024
The Commissioner may convene an
ad hoc
or
				standing advisory committee to participate in the review of an Institution
				during any stage of the process. The Commissioner shall charge the advisory
				committee with the scope and purpose of its review, and the advisory committee
				shall, upon the Commissioner's request, submit an evaluation with its findings
				and recommendations to the Commissioner. An Institution may request that an
				advisory committee be convened, if one has not already been convened by the
				Commissioner, in the event that the Commissioner has determined that the
				Institution will be required to submit a Contingency Plan for Closure and a
				Notification to the Public. An Institution's request for advisory committee
				review shall be in writing and shall be submitted to the Commissioner within
				three business days of the Commissioner's determination. The Commissioner's
				assent to such a request shall not be unreasonably withheld.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.06 - Confidentiality

Current through Register 1525, July 5, 2024
Unless otherwise specified above, the Board and the Department
				shall protect from disclosure and shall maintain as confidential all
				information submitted to or developed by the Board, acting by or through the
				Commissioner, the Department, or the Advisory Committee, pursuant to and in
				furtherance of 610 CMR 13.00, to the maximum extent permissible under state
				law.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.07 - Trustee Training

Current through Register 1525, July 5, 2024
Each Trustee of an Institution shall receive instruction and
				training in higher education financial metrics, legal and fiduciary
				responsibilities, and applicable standards for accreditation at least once
				every four years, as required pursuant to M.G.L. c. 69, § 31B(e).
(1) Each newly appointed Trustee of an
			 Institution must be trained within 12 months of appointment.
(2) Each Institution must arrange for
			 instruction and trainings for that Institution's trustees.
(3) As part of the annual reporting required
			 by 610 CMR 13.09, an Institution must submit to the Department, at a minimum,
			 the agenda and/or curriculum for instruction and training attended by its
			 Trustees for the purpose of allowing the Department to evaluate its sufficiency
			 and compliance with statutory requirements.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.08 - Audited Financial Statements

Current through Register 1525, July 5, 2024
An Institution must post on its website a copy of the
				Institution's annual financial report or audited financial statement and a
				summary of the report, however termed, that is written in terms that are
				understandable by the general public.
(1) An Institution must post its audited
			 financial statements no later than six months after the end of its fiscal
			 year.
(2) An Institution must, at a
			 minimum, maintain on its website its three most recent years of audited
			 financial statements.
(3) An
			 Institution must have a permanent webpage for the posting of the audited
			 financial statements that is accessible to the public and able to be located
			 using either the website's internal search function or an external internet
			 search engine.
(4) An Institution
			 must also post to its permanent webpage an accompanying summary of each year's
			 audited financial statement in a format understandable by the general
			 public.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.09 - Reporting

Current through Register 1525, July 5, 2024
An Institution must report annually to the Department on its
				compliance with the requirements in these regulations and in M.G.L. c. 69,
				§ 31B. The timeline and format for posting and updating the Institution's
				annual report shall be determined by the Department through
				policy.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.10 - Sanctions

Current through Register 1525, July 5, 2024
If an Institution fails to comply with the requirements of 610
				CMR 13.00, or otherwise fails to cooperate with the Department in the
				screening, inquiry, monitoring, and/or contingency planning and notification
				processes, including failure to obtain the required bond with surety or letter
				of credit, or otherwise fails to submit risk mitigation plans that demonstrate
				a likelihood that the Risk of Imminent Closure will be mitigated during the
				current or subsequent academic year, the Commissioner may issue one or more of
				the following sanctions:
(1)
			 Termination of eligibility for state aid.
(2) Suspension or revocation of
			 degree-granting authority, in whole or in part, after notice and opportunity to
			 cure through the development of a corrective course of action, through the
			 process described in
			 610
			 CMR 2.10(2):
Procedures to Revoke or Suspend Degree-Granting
			 Authority
.
(3) Referral by
			 Department staff to the Office of the Attorney General.
(4) A fine not to exceed $1,000 per day, in
			 an amount to be determined by the Commissioner in their sole
			 discretion.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 13.00 - Financial Assessment and Risk Monitoring of Institutions of Higher Education › Section 13.11 - Appeals

Current through Register 1525, July 5, 2024
(1) A decision by the Board, upon the
			 recommendation of the Commissioner, to suspend or revoke the Institution's
			 degree-granting authority is appealable pursuant to M.G.L. c. 30A, as set forth
			 in M.G.L. c. 69, § 30A and
			 610
			 CMR 2.10(2):
Procedures to Revoke or Suspend Degree Granting
			 Authority
.
(2) A decision
			 by the Commissioner to issue a fine as set forth in 610 CMR 13.10(4) can be
			 appealed within ten business days by submitting a written appeal to the
			 Executive Committee of the Board. Within ten business days of its receipt of
			 the written appeal, the Executive Committee will hold a session to receive
			 information and hear testimony from the Institution, the Commissioner, and
			 Department staff. The Executive Committee will seek to issue a final decision
			 on the Institution's appeal within ten business days of its session.
(3) The Executive Committee of the Board's
			 final decision on the issuance of a fine, as set forth in 610 CMR 13.11(2), is
			 appealable pursuant to M.G.L. c. 249, § 4.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 14.00 - Coordination with Local Law Enforcement to Prevent and Respond to Sexual Misconduct › Section 14.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
610 CMR 14.00 governs the adoption of a memorandum of understanding between each institution of higher education with a physical location in the Commonwealth and a local law enforcement agency for purposes of determining each entity's roles and responsibilities regarding preventing and responding to incidents of on- and off-campus sexual misconduct, as set forth in M.G.L. c. 6, § 168E(c), and the Department of Higher Education's role in implementing that requirement.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 14.00 - Coordination with Local Law Enforcement to Prevent and Respond to Sexual Misconduct › Section 14.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 610 CMR 14.00:
Board of Higher Education (Board)
. The Commonwealth's state higher education authority established pursuant to applicable provisions of M.G.L. c. 15A, § 4; responsible for public higher education system oversight and coordination pursuant M.G.L. c. 15A, § 1
et seq
.; and responsible for private higher education degree granting authority and financial screening and assessments pursuant to M.G.L. c. 69, § 30
et seq
.
Campus Safety Advisor
. The person appointed by the Commissioner of Higher Education, within the Department of Higher Education, to coordinate and help advance statewide campus safety initiatives at public and private institutions of higher education, pursuant to M.G.L. c. 6, § 168E(d).
Commissioner of Higher Education (Commissioner)
. The chief executive and administrative officer of the Department of Higher Education and the Board of Higher Education, pursuant to M.G.L. c. 15A, § 6.
Department of Higher Education (Department)
. The agency established pursuant to M.G.L. c. 15A, § 6.
Institution
. A public or independent institution of higher education located in the Commonwealth and authorized to grant degrees pursuant to any general or special law.
Local Law Enforcement Agency
. A municipal or state law enforcement agency with jurisdiction on or around an institution's campus, including property owned and not owned by the institution. As set forth in 610 CMR 14.03(2), an institution subject to the jurisdiction of more than one local law enforcement agency may enter into one MOU with multiple law enforcement agencies.
Memorandum of Understanding (MOU)
. A written agreement between an institution and a local law enforcement agency adopted pursuant to the standards and procedures established by 610 CMR 14.00.
Sexual Misconduct
. An incident of sexual violence, dating violence, domestic violence, gender-based violence, violence based on sexual orientation or gender identity or expression, sexual assault, sexual harassment, or stalking.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 14.00 - Coordination with Local Law Enforcement to Prevent and Respond to Sexual Misconduct › Section 14.03 - Memoranda of Understanding

Current through Register 1525, July 5, 2024
(1) Each institution shall, to the extent feasible, enter into an MOU with each local law enforcement agency having jurisdiction to report as a first responder to an incident of sexual misconduct occurring on or around each campus of the institution. The purpose of the MOU is to facilitate opportunities for communication between the institution and the local law enforcement agencies and to establish the respective roles and responsibilities of both the institution and the law enforcement agency regarding the prevention of and response to sexual misconduct; to share information, in accordance with applicable federal and state confidentiality laws, and the consent of the victim, regarding sexual misconduct incidents involving students or other campus community members of the institution; and to identify opportunities for sharing best practices and training resources. Each MOU shall:
(a) identify the primary points of contact for the institution and for the local law enforcement agency on matters involving the interpretation and enforcement of the MOU;
(b) describe the jurisdiction of the local law enforcement agency based on the location and type of incident, including jurisdiction for investigating an incident of sexual misconduct occurring on or around the institution's campus;
(c) provide for cross-jurisdictional or multi-jurisdictional response to and investigation of an incident of sexual misconduct by the institution and the local law enforcement agency, as appropriate;
(d) delineate the institution's operational and investigative responsibilities and procedures under state or federal law, including Title IX of the federal Education Amendments of 1972, to respond to complaints of sexual misconduct;
(e) describe protocols and standards for reporting, notification, communication and information-sharing between the institution and the local law enforcement agency, subject to applicable federal and state confidentiality and privacy laws, and subject to victim consent; and
(f) identify methods for notifying the appropriate district attorney's office.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 14.00 - Coordination with Local Law Enforcement to Prevent and Respond to Sexual Misconduct › Section 14.04 - Institutional Reporting and Certification Requirements

Current through Register 1525, July 5, 2024
(1)
Annual Report and Compliance Certifications
. No later than December 1st of each year, as part of the Annual Report required under M.G.L. c. 6, § 168E(q), each institution shall submit the following information and certifications to the Department in a format and manner to be determined by the Department:
(a) a list of local law enforcement agencies the institution has identified with jurisdiction on or around each of the institution's campuses; and
(b) a certification that:
1. the institution has entered into an MOU, the terms of which are in compliance with 610 CMR 14.03, with each local law enforcement agency with jurisdiction on or around each of the institution's campuses; and/or
2. the institution has determined, pursuant to 610 CMR 14.04(2), that entering into one or more of such MOUs is infeasible; and
(c) a copy or copies of any executed MOUs.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 14.00 - Coordination with Local Law Enforcement to Prevent and Respond to Sexual Misconduct › Section 14.05 - Department Annual Reporting

Current through Register 1525, July 5, 2024
The Department will make available to the public through the Department's website the status of each institution's compliance with M.G.L. c. 6, § 168E(c), and 610 CMR 14.00. The timeline and format for posting and updating the Department's annual report shall be determined by the Department through policy, provided that the Department shall post and update such information at least annually. The Department may also post other relevant information such as links to sample MOUs, sample policies or best practices which help advance the minimum criteria set forth in 610 CMR 14.03.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.01 - Scope

Current through Register 1525, July 5, 2024
651 CMR 1.00 is supplementary
				to the
Standard Adjudicatory Rules of Practice and
				Procedure,
801 CMR 1.01,
				1.02,
				1.03,
				and in particular to the
Informal Rules,
801 CMR
				1.02, and the
Miscellaneous
				Rules,
801
				CMR 1.03.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.02 - Construction

Current through Register 1525, July 5, 2024
651 CMR 1.00 shall govern
				whenever there is a conflict or inconsistency with
				801 CMR
				1.00.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.03 - Purpose

Current through Register 1525, July 5, 2024
651 CMR 1:00 is intended to be applicable to cases involving
				the Denial, Termination, or Reduction of Home Care Program Services and any
				other matter as to which Elder Affairs grants an Appeal or requires a Review
				and designates
				651 CMR 1.00 as
				applicable.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.05 - Time

Current through Register 1525, July 5, 2024
Notice of actions and other communications from Elder Affairs
				or ASAP shall be deemed received on the day of hand-delivery, or if mailed
				three days after deposit in the U.S. mail, except as otherwise provided in
				Elder Affairs' regulations pursuant to Federal regulations.