Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 8 - GUARANTY RECOVERY CASH FUND › Section 281-8-002 - DEFINITIONS

Current through June 17, 2024
As used in this chapter:
002.01 Act
Act shall mean the Postsecondary Institution
				  Act.
002.02 Assessment
Assessment shall mean the amount a
for-profit
				  postsecondary institution
is required to pay into the
Guaranty
				  Recovery Cash Fund
based on one-tenth of one percent (.001) of the
assessment year's gross tuition revenue
.
002.03 Assessment year
Assessment year shall mean the institution's most recently
				  completed fiscal year.
002.04 Authorization to operate
Authorization to operate shall mean either an authorization
				  to operate on a continuing basis or a recurrent authorization to operate as
				  approved by the
Commission
.
002.05 Branch facility
Branch facility means a facility in Nebraska (a) which is
				  separate from a
principal facility
, (b) which offers a full
				  program and full student services, (c) which is under the supervision of an
				  onsite director or administrator, and (d)(i) the ownership, management, and
				  control of which are the same as the
principal facility
, which
principal facility
is responsible for the delivery of all
				  services, or (ii) at which education is offered by a franchisee of a franchisor
				  authorized to operate as a postsecondary institution by the
act.
002.06
				Claim
Claim shall mean a written request for refund or
				  reimbursement filed with the
Commission
by (a) a student who
				  alleges to be injured by the
termination of operations
of a
for-profit postsecondary institution
, or (b) by the University
				  of Nebraska to recover expenses incurred in the course of complying with its
				  duties under 85-173 and 85-174 in the event of the termination of operations of
				  a
for-profit postsecondary institution
, or (c) by the
Commission
, on behalf of the State of Nebraska, for
				  reimbursement of distributed but unreturned Nebraska Opportunity Grant awards
				  in the event of the termination of operations of a
for-profit
				  postsecondary institution
.
002.07 Claimant
Claimant shall mean (a) a student who files a claim for
				  reimbursement as a result of alleged injury by the
termination of
				  operations of a for-profit postsecondary institution,
or (b) the
				  University of Nebraska if filing a claim for reimbursement of expenses incurred
				  in the course of complying with its duties under 85-173 and 85-174 in the event
				  of the termination of operations of a
for-profit postsecondary
				  institution
, or (c) by the
Commission
, on behalf of
				  the State of Nebraska, for reimbursement of distributed but unreturned Nebraska
				  Opportunity Grant awards in the event of the termination of operations of a
for-profit postsecondary institution
.
002.08 Class
Class shall mean a course that, if successfully completed,
				  can be applied toward the number of courses required for achieving a
				  postsecondary degree, diploma, certificate, or other formal
				  award.
002.09 Commission
Commission shall mean the Coordinating Commission for
				  Postsecondary Education.
002.10 Executive Director shall mean the
Executive Director
of the
Commission
or his
				or her designee.
002.11 Fee
Fee shall mean a fixed charge for, but not limited to,
				  registration fee, lab fees and the cost of materials, or equipment, if they are
				  portrayed as fees by the institution.
002.12 For-profit postsecondary institution
For-profit postsecondary institution shall mean any private
postsecondary institution
that is not exempt for federal tax
				  purposes under section 501(c)(3) of the Internal Revenue Code as defined in
				  Neb. Rev. Stat. §
										49-801.01.
002.13 Fund
Fund shall mean the Guaranty Recovery Cash
				  Fund.
002.14 Gross tuition
				revenue
Gross tuition revenue shall mean the total
tuition
and
fees
received during the
assessment year
, less
tuition
and
fees
refunds, received by a
principal
				  facility
or
branch facility
located in this
				  state.
002.15 Guaranty
				Recovery Cash Fund
Guaranty Recovery Cash Fund shall mean a fund established
				  from the
assessment
of
for-profit postsecondary
				  institutions
for use in settling
claims
due to
termination of operations
of a
for-profit
				  postsecondary institution
.
002.16 Maximum fund level
Maximum fund level shall mean the amount specified in Neb.
				  Rev. Stat. §
										85-2423(1).
002.17 Minimum fund level
Minimum fund level shall mean the amount specified in Neb.
				  Rev. Stat. §
										85-2423(1).
002.18 Postsecondary institution
Postsecondary institution shall mean any institution with a
				  physical presence in Nebraska that provides postsecondary education and is
				  exempt from the Private Postsecondary Career School Act.
002.19 Principal facility
Principal facility shall mean the primary physical presence
				  in Nebraska of a postsecondary institution.
002.20 Recurrent authorization to operate
Recurrent authorization to operate shall mean approval by the
Commission
to operate a postsecondary institution in this
				  state, including establishing a new campus or an administrative office, until a
				  renewal of such authorization is required.
002.21 Student injured by the termination of
				operations by a for-profit postsecondary institution
Student injured by the termination of operations by a
				  for-profit postsecondary institution shall mean (i) a student who has paid
tuition
and
fees
to the institution for which
				  classes were offered but not finished due to termination of operations, (ii) a
				  student who has paid
tuition
and
fees
to the
				  institution for which classes were not offered and no refunds were made, or
				  (iii) a student who ceased to be enrolled in classes at an institution while
				  the institution was in operation and to whom a refund of
unearned
				  tuition and fees
became due from the institution after the institution
				  terminated operations and no refunds were made within the institution's
				  required time period following the student's withdrawal from the
				  institution.
002.22
				Termination of operations
Termination of operations shall mean the act of a for-profit
				  postsecondary institution ceasing to offer all of its educational classes to
				  the public.
002.23 Tuition
Tuition shall mean money charged for
				  instruction.
002.24 Unearned
				tuition and fees
Unearned tuition and fees shall mean money paid by an
				  individual to an institution for classes which will be held in a future
				  attendance period and for classes which are no longer available due to
termination of operation
of the institution.