Section R4-39-107. Requirements for a Provisional License to Con- tinue to Operate a Private Non-accredited Degree-granting Institution in Arizona

A. The Board shall not grant a provisional license or renewal of a provisional license to an applicant if:

	(D)(3), attestation by the individual signing the applica-		1.     Since the start date of the current licensure period, an
	tion that the applicant has read and understands documen-		individual with  20  percent  or   more  ownership  in  the
	tation published or provided by the accrediting agency		applicant institution has been convicted in this state or
	that explains the accrediting agency’s accreditation pro-		any other state or jurisdiction of a felony or any crime
	cess, including eligibility requirements, application pro-		related  to  the  operation  of  an   educational  institution,
	cedures,  self-evaluation  processes  and  requirements,		unless  the  conviction   has been  absolutely discharged,
	accreditation criteria or standards, and accrediting team		expunged, or vacated;
	visits;		2.     Since the start date of the current licensure period, a per-
	5.     A chronological timeline identifying the applicant’s pro-		son with 20 percent or more ownership in the applicant
	jected progress in gaining accreditation from each accred-		institution has had a license to operate a vocational pro-
	iting agency named under subsection (D)(3); and		gram, vocational institution, degree program, or degree-
	6.     On a form provided by the Board, responses to questions		granting institution revoked in this state or any other state
	regarding  the  applicant’s   ability  to  gain  accreditation		or jurisdiction; or
	from each accrediting agency named under subsection		3.     The applicant provides false or misleading information
	(D)(3).		on or with an application required by this Section.
E.	A licensee shall:	B.	The Board shall grant a provisional license or renewal of a
	1.     Notify the Board in writing within 24 hours if the lic-		provisional license to an applicant if:
	ensee:		1.     The applicant provides the information required in sub-
	a.      Is determined by an accrediting agency named under		section (C) or (D); and
	subsection  (D)(3)  to  be  ineligible   to  apply  for		2.     The information provided demonstrates:
	accreditation with the accrediting agency;		a.      Compliance with A.R.S. § 32-3022(C);
	b.     Is precluded  from  initiating  or  continuing  in  the		b.     The ability to provide educational services as repre-
	accreditation  process   by  an   accrediting  agency		sented to the public; and
	named under subsection (D)(3); or		c.      Progress in gaining accreditation from each accredit-
	c.      Is  denied  accreditation   by  an  accrediting  agency		ing agency named under R4-39-106(D)(3).
	named under subsection (D)(3);	C.	No later than 60 calendar days before the expiration date of a
	2.     Within five calendar days of receipt, submit to the Board		licensee’s conditional license, an applicant for a provisional
	a  copy  of  any  document   from  an  accrediting  agency		license shall submit to the Board an application packet includ-
	named under subsection (D)(3) that pertains to the lic-		ing:
	ensee’s progress in gaining accreditation from the accred-		1.     The filing fee required under R4-39-201;
	iting agency; and		2.     The information and documentation required in R4-39-
	3.     Within five calendar days of mailing or sending, submit		104(D)(2), (D)(4), (D)(5) through (D)(10), and (D)(14)
	to the Board a copy of any document mailed or sent by		through (D)(17);
	the licensee to an accrediting agency named under sub-		3.     A chronological timeline identifying the applicant’s con-
	section (D)(3) that pertains to the licensee’s progress in		tinued  progress  in   gaining  accreditation  from  each
	gaining accreditation from the accrediting agency.		accrediting agency named under R4-39-106(D)(3);
F.	Before granting a conditional license, the Board shall conduct		4.     On a form provided by the Board, responses to questions
	an inspection, pursuant to A.R.S. § 41-1009, of an applicant’s		regarding the applicant’s continued progress in gaining

accreditation from each accrediting agency named under R4-39-106(D)(3); and

5. Copies of application documents submitted to an accred- iting agency named under R4-39-106(D)(3), if applica- ble.

D.      No later than 60 calendar days before the expiration date of a licensee’s provisional license, an applicant for renewal of a provisional license shall submit to the Board an application packet including:

1.        The filing fee required under R4-39-201;

2.        The information and documentation required in R4-39- 104(D)(2), (D)(4), (D)(5) through (D)(10), and (D)(14) through (D)(17);

3.        A chronological timeline identifying the applicant’s con- tinued progress in gaining accreditation from each accrediting agency named under R4-39-106(D)(3);

4.        On a form provided by the Board, responses to questions regarding the applicant’s continued progress in gaining accreditation from each accrediting agency named under R4-39-106(D)(3);

5.        Copies of application documents submitted to an accred- iting agency named under R4-39-106(D)(3), if applica- ble; and

6.        Documentation from each accrediting agency named under R4-39-106(D)(3) that demonstrates that the appli- cant is actively seeking accreditation.

E.       A licensee shall:

1.        Notify the Board in writing within 24 hours if the lic- ensee:

a.         Is determined by an accrediting agency named under R4-39-106(D)(3) to be ineligible to apply for accreditation with the accrediting agency;

b.        Is precluded from initiating or continuing in the accreditation process by an accrediting agency named under R4-39-106(D)(3); or

c.         Is denied accreditation by an accrediting agency named under R4-39-106(D)(3);

2.        Within five calendar days of receipt, submit to the Board a copy of any document from an accrediting agency named under R4-39-106(D)(3) that pertains to the lic- ensee’s progress in gaining accreditation from the accred- iting agency; and

3.        Within five calendar days of mailing or sending, submit to the Board a copy of any document mailed or sent to an accrediting agency named under R4-39-106(D)(3) that pertains to the licensee’s progress in gaining accreditation from the accrediting agency.

F.       The Board may conduct an inspection, pursuant to A.R.S. § 41-1009, of an applicant’s or a licensee’s place of business to determine compliance with the requirements of this Article.

G.      In addition to the grounds for disciplinary action in A.R.S. § 32-3051, the Board may discipline a licensee that:

1.        Violates the requirements in subsection (E), or

2.        Intentionally or negligently misrepresents any material information in documents or testimony presented to the Board.

Historical Note

Adopted effective June 27, 1985 (Supp. 85-3). Amended

effective February 23, 1993 (Supp. 93-1). Amended

effective October 10, 1997 (Supp. 97-4). Amended by

final rulemaking at 11 A.A.R. 2262, effective August 6,

2005 (Supp. 05-2).