Section 12.04 - Initial Application for Approval to Operate under SARA(1) The Department shall be the SARA portal entity for the Commonwealth and shall provide the services required to implement SARA.(2) An institution meeting the eligibility requirements set forth in 610 CMR 12.03 may apply to the Department for approval to operate under SARA. The Department shall make application forms available on its website.(3) An institution should submit its complete application, along with the fee required by 610 CMR 12.08 and set forth in Board policy, to the Department. The Department will conduct an initial review of the application for completeness. All incomplete applications will be returned to the institution along with the remitted fee. No action aside from a review for completeness will be taken on an institution's application until it is deemed by the Department to be complete and the required fee has been processed.(4) All properly submitted and complete applications will be reviewed by the Department to determine whether the institution meets the eligibility requirements set forth in 610 CMR 12.03 and whether the institution is in compliance with the SARA Manual.(5) At the conclusion of the Department's review of an institution's application, the Department shall take one of the following actions:(a)Approval. The Department shall approve all institutions that meet the requirements set forth in 610 CMR 12.03. The term of approval shall be one year from the date of notification of approval and may be renewed annually thereafter pursuant to 610 CMR 12.05. Upon approval by the Department to operate under SARA, the institution will be sent an electronic link to make payment to NC-SARA, and the Department will notify NC-SARA when an institution has completed the application process.(b)Disapproval. The Department shall disapprove all institutions that do not meet one or more of the requirements set forth in 610 CMR 12.03. If an institution's application to operate under SARA is not approved, the Department will provide the institution with a written explanation of such disapproval. The institution may appeal any disapproval to the Commissioner or his or her designee in a timeframe and manner to be prescribed by the Commissioner and it may submit additional information in support of its position. An institution that has been disapproved is not prohibited from reapplying to the Department for approval to operate under SARA.(c)Provisional Approval. The Department may, at its discretion, provisionally approve institutions for participation in SARA in any of the following circumstances:1. If the institution is on probationary status or the equivalent with its institutional accrediting association;2. If the institution is currently using a letter of credit or is under a cash management agreement with the U.S. Department of Education;3. If the institution is the subject of a publicly announced investigation by a government agency, and the investigation is related to the institution's academic quality, financial stability or student consumer protection; or4. If the institution is the subject of a current investigation by an entity in the Commonwealth related to the institution's academic quality, financial stability or student consumer protection. An institution admitted to or renewed for SARA participation in provisional status will be subject to the oversight measures that the Department deems necessary for purposes of ensuring SARA requirements are met regarding program quality, financial stability and consumer protection. The length of the provisional status of an institution shall be determined by the Department consistent with the SARA Manual.
During or at the end of the provisional status period, if an institution approved to operate under SARA in provisional status is no longer subject to any of the conditions listed above, it may apply in writing to the Commissioner to remove its provisional status designation. The Commissioner or his or her designee shall grant the application if the criteria justifying provisional status no longer apply.
During or at the end of the provisional status period, if the Commissioner determines that the institution approved to operate under SARA in provisional status does not meet the requirements of SARA, the Department will disallow any further enrollments under SARA, notify the institution, NEBHE, and NC-SARA, and remove the institution from SARA participation. The Department will allow any students enrolled in the institution under SARA at the time of the finding of noncompliance a period of six months from the date the Department notifies the institution of its ineligibility in which to conclude their work at the institution.
The Commissioner may, in his or her sole discretion, allow the institution a period of time not to exceed 12 months from the date of his or her determination that the institution in provisional status does not meet the requirements of SARA in which to come into compliance with SARA standards under the supervision of the Department. Only one such grace period is allowed in any three-year period.
Adopted by Mass Register Issue 1361, eff. 3/23/2018.Amended by Mass Register Issue 1422, eff. 7/24/2020.