Cal. Code Regs. tit. 5 § 71400

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 71400 - Processing of Completed Applications

(a) Action by the Bureau shall not commence until a completed Form Application 94886 for approval to operate, or for verification of exemption, has been submitted to the Bureau for its review.

(b) Within 30 days after receipt of a Form Application 94886 for approval to operate as required by Article 1, or for verification of exemption, the Bureau shall notify the institution in writing that the application is complete and has been accepted for filing or that the application is not complete. If the application is not complete, the Bureau shall specify in the notice what additional information or documents are needed from the institution in order for the application to be deemed complete.

(c) The Bureau shall consider an application to be complete if it appears that the institution has submitted all of the information, documents, and fees required by the Act and by Article 2 of this chapter. This includes any additional documents the Bureau may request to determine if the institution's proposed implementation meets the minimum operating standards of section 94885 of the Code.

(d) Pursuant to section 94887 of the Code, the Bureau will either grant or deny an application.

(1) When specific minor deficiencies are identified during processing but the institution is substantially in compliance with the requirements of the Code and this Division, a conditional authorization to operate may be granted for a period not to exceed six (6) months, to permit the institution to correct those deficiencies identified. If those deficiencies are not corrected after the first period of conditional approval, or the condition upon which an approval may be granted is not satisfied, the conditional authorization to operate may be extended for a period not to exceed six (6) months if the program demonstrates to the Bureau a good faith effort and ability to correct the deficiencies. A conditional authorization to operate shall expire at the end of its stated period and the application shall be deemed denied, unless the deficiencies are removed prior to its expiration and an approval to operate has been granted before that date.

(2) For an applicant that seeks to offer degree programs only, the Bureau will grant a provisional approval to operate the institution if the application demonstrates, in addition to all other requirements for approval to operate, that the institution meets the requirements of section 94885.5 of the Code, and the plan is approved pursuant to section 71105.

(3) For an applicant that seeks to offer both degree and non-degree programs, in addition to any action taken by the Bureau pursuant to this section in granting an approval to operate an institution and any non-degree programs, the Bureau may grant a provisional approval to offer no more than two degree programs if the application demonstrates that the institution meets the requirements of section 94885.5 of the Code, and the plan is approved pursuant to section 71105, in addition to all other requirements for approval to operate.

Cal. Code Regs. Tit. 5, § 71400

1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (c) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering and amendment of former article 3 heading to article 4 (sections 71400-71405) and amendment of section and NOTE filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering and amendment of former article 3 heading to article 4 (sections 71400-71405) and amendment of section and NOTE refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of HISTORIES 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
11. Amendment of subsection (c), redesignation and amendment of a portion of subsection (d) as new subsection (d)(1), new subsections (d)(2)-(3) and amendment of NOTE filed 1-30-2015 as an emergency; operative 2-1-2015 (Register 2015, No. 5). A Certificate of Compliance must be transmitted to OAL by 7-31-2015 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (c), redesignation and amendment of a portion of subsection (d) as new subsection (d)(1), new subsections (d)(2)-(3) and amendment of NOTE refiled 7-30-2015 as an emergency; operative 7-31-2015 (Register 2015, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2015 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 7-30-2015 order transmitted to OAL 10-9-2015 and filed 11-23-2015 (Register 2015, No. 48).

Note: Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94885, 94885.5, 94887 and 94888, Education Code.

1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).
3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).
5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsection (c) 3-11-94 and filed 4-19-94 (Register 94, No. 16).
7. Renumbering and amendment of former article 3 heading to article 4 (sections 71400-71405) and amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
8. Renumbering and amendment of former article 3 heading to article 4 (sections 71400-71405) and amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).
10. Certificate of Compliance as to 7-30-2010 order, including further amendment of section, transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
11. Amendment of subsection (c), redesignation and amendment of a portion of subsection (d) as new subsection (d)(1), new subsections (d)(2)-(3) and amendment of Note filed 1-30-2015 as an emergency; operative 2-1-2015 (Register 2015, No. 5). A Certificate of Compliance must be transmitted to OAL by 7-31-2015 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (c), redesignation and amendment of a portion of subsection (d) as new subsection (d)(1), new subsections (d)(2)-(3) and amendment of Note refiled 7-30-2015 as an emergency; operative 7-31-2015 (Register 2015, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2015 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 7-30-2015 order transmitted to OAL 10-9-2015 and filed 11-23-2015 (Register 2015, No. 48).