Oregon Administrative Rules › Chapter 583 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF DEGREE AUTHORIZATION › Division 50 - VALIDATION OR INVALIDATION OF CLAIM TO POSSESS AN ACADEMIC DEGREE › Section 583-050-0026 - Invalidation of a Degree, Warning, Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Effective September 10, 2015:
(1) Once the Commission determines a claimed
			 degree is invalid or nonstandard, a person is presumed to not have knowledge of
			 the invalidity, so as to reflect consideration for the possibility that the
			 person was misled by the purported school or unaware of Oregon degree
			 requirements. This presumption may be overcome by clear and convincing
			 evidence.
(2) Failure to provide
			 when requested a transcript or other information needed for validation of a
			 degree is prima facie evidence under statute that the claim to such degree is
			 invalid.
(3) Upon the failure or
			 inability to produce conclusive evidence of a valid degree, the Commission
			 shall notify the claimant in writing that a warning is issued and that the
			 claimant must immediately cease and desist from making the invalidated claim.
(4) Prior to the imposition of any
			 penalty listed in subsection (5) of this rule, a person whose degree is found
			 invalid, or the use of whose degree may be restricted, is entitled to a hearing
			 in accordance with ORS chapter 183. Hearings will be provided in the following
			 way:
(a) The Commission's initial
			 communication with a degree user will be an inquiry letter that will give the
			 user 30 days from the date of the letter in which to address any issues
			 regarding degree existence, validity and restriction. No hearing is provided at
			 this stage;
(b) If a degree user
			 contacted by the Commission under paragraph (a) of this subsection does not
			 respond within 30 days, or provides information that is insufficient to allow
			 unrestricted degree use while expressing intent to continue using the degree,
			 the Commission will issue a cease and desist letter to the user, setting forth
			 the requirements of law and how the user's degree fails to meet those
			 requirements. This letter will also be sent to the user's attorney, if any. The
			 user will be given 30 days to respond, agreeing to either comply with the law
			 or request a hearing to contest the Commission's findings:
(A) If the user agrees to comply with the law
			 within 30 days of the date of the letter, the Commission will provide the user
			 with a standard form upon which such agreement can be stated and signed. No
			 penalty will be imposed provided that the user carries out the agreement;
(B) If the user does not respond
			 within the 30 days, the Commission will proceed with a default hearing and may
			 request the assessment of civil penalties;
(C) If the user requests a hearing within 21
			 days, the hearing will be conducted by an Administrative Law Judge as provided
			 in ORS 183.335.
(c) If a hearing is held, the Administrative
			 Law Judge will recommend a resolution to the Commission, which will decide
			 whether the degree use meets Oregon standards, and if it does not, whether to
			 impose a penalty and, if so, what the penalty should be.