Section 1399.416.4 - Requirements for Approval or Renewal of Agency or Organization to Provide Credential Evaluation Services; Process for Denial or Revocation of Service Approvals; Appeal Procedures(a) To receive and maintain Board approval, a Service shall submit a completed application to the Board containing the information and documents required by this section.(b) The application for a Service to apply for Board approval shall contain the following: (1) Applicant identifying and contact information that includes all of the following: (A) Legal Name of applicant and type of entity (agency or organization),(B) Applicant's physical address,(C) Applicant's mailing address, if different than the applicant's physical address. The mailing address may be a post office box number or other alternate address,(D) Applicant's phone number,(E) Applicant's fax number, if any,(F) Applicant's Internet web site address, if any,(G) Applicant's email address, if any,(H) The name and title of the individual who will be the applicant's primary contact ("primary contact") for the Board,(I) The primary contact's phone number; and,(J) The primary contact's email address, if any.(2) A copy of the Service's credential evaluation policy,(3) A complete list of terminology and evaluation terms used in producing the Service's credential evaluations,(4) A written statement affirming that the applicant bases its evaluations only upon verified authentic, official transcripts and degrees, and providing a detailed description of the specific methods utilized for credential authentication by the Service,(5) A list of at least three colleges or universities accredited by an association recognized by the Secretary of the United States Department of Education or other licensing agencies currently using its services, along with a contact person at each institution,(6) Résumés or curriculum vitae for each evaluator and translator, including years as a translator, a list of languages spoken, and places worked,(7) Three sample evaluations that comply with the requirements of Section 1399.416.3; and,(8) A written statement affirming all of the following:(A) The Service is a member of a nationally recognized foreign credential association such as, but not limited to, the American Association of Collegiate Registrars and Admissions Officers (AACRAO) and the National Association of Credential Evaluation Services (NACES),(B) The Service maintains a complete set of reference materials. "Complete" means that the materials include all necessary information to prepare complete, accurate evaluations and are the most current editions available; and,(C) The Service has, or agrees to establish and maintain, within thirty (30) calendar days of Board approval, a minimum six-year document retention policy.(c) In addition to the information required in subsection (b), the applicant shall also furnish the following information as part of the application: (1) A copy of the Service's current written procedure for identifying fraudulent transcripts, and a statement certifying to the Service's compliance with that procedure,(2) A copy of the Service's appeal procedure for foreign-trained applicants, and a statement certifying that the Service is in compliance with that procedure,(3) Three letters of reference from public or private agencies that have worked with the Service; and,(4) Statistical information on the number of applications processed, annually, for the past five years.(d) The Service shall report to the Board in writing any change to the information previously provided to the board pursuant to this section within 60 calendar days of the date of such change. Approval issued under this section shall expire five (5) years after the date of issuance. As a condition of renewal, the Service shall successfully undergo re-evaluation by the Board by submitting the application and information required by subsections (a)-(c) and meeting the requirements of this section.(e) In order to remain as a Board-approved Service, the Service shall respond to any inquiries by the Board, submit any documents and provide any information requested by the Board, and cooperate in any investigation conducted by the Board regarding the Service's compliance with the Board's requirements. Failure to respond to the Board within thirty (30) calendar days of the date of the Board's written inquiry or request for documents or information constitutes grounds for revocation of approval by the Board pursuant to subsection (g).(f) Approval may be denied or revoked if the Service fails to comply with any of the requirements of this section or furnishes any false, inaccurate, incomplete and/or misleading information to the Board.(g) The Board shall provide the Service with a written notice of the denial or revocation of the Service's approval when the Board seeks to deny an application or revoke an approval pursuant to this section. The notice shall include the basis for either the denial or revocation, as applicable, and the process and procedure for appealing the denial or revocation according to this section. The Service may submit a written request for reconsideration to the Board's designee of either the denial or revocation within fifteen (15) calendar days of the date of the Board's written notice of such denial or revocation. The written request shall provide the reasons the Service warrants a reconsideration of the denial or revocation. The Service, by availing itself of this request for reconsideration, does not waive its right to appeal under subsection (i).(h) Regardless of whether or not the Service requests reconsideration as provided in subsection (h), the Service may appeal the denial or revocation of an approval by requesting an informal hearing under the Administrative Procedure Act (commencing with Section 11445.10 of the Government Code) within thirty (30) calendar days of the date of the Board's written notice specified in subsection (h).(i) If the denial or revocation notice is withdrawn by the Board's designee after the board grants a reconsideration, the application shall be deemed approved or the approval deemed unrestricted and the request for an informal hearing shall be deemed to be withdrawn.Cal. Code Regs. Tit. 16, § 1399.416.4
Note: Authority cited: Sections 4933 and 4939, Business and Professions Code; and Section 11445.20, Government Code. Reference: Sections 27, 4925, 4938, 4939, 4940, 4941 and 4944, Business and Professions Code; and Sections 11445.10 and 11445.20, Government Code.
1. New section filed 7-11-2024; operative 10/1/2024 (Register 2024, No. 28).