D.C. Mun. Regs. tit. 5, r. 5-A8007

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A8007 - APPLICATION FOR PROVISIONAL LICENSURE

8007.1

A postsecondary degree granting educational institution shall submit to the Commission an application for provisional licensure in such form as the Commission may prescribe and shall not begin instruction until a license to do so is issued by the Commission.

8007.2

An application for provisional licensure shall contain a description of how the postsecondary degree granting educational institution complies with this chapter, or a statement requesting a waiver, in whole or part, by the Commission of any standard established by this chapter and describing the reasons such a waiver is warranted.

8007.3

An application for provisional licensure shall include, as appropriate, the following:

(a) A letter of transmittal signed by an authorized official of the postsecondary degree granting educational institution certifying that the information in the application is current, true, and correct;

(b) A resolution by the governing body of the postsecondary degree granting educational institution or a statement from the chief executive officer or owners of the institution authorizing the application and designating the persons who will maintain liaison with the Commission during the pendency of the application;

(c) If incorporated, the articles of incorporation and bylaws of the corporation, a certificate of good standing from the Department of Consumer and Regulatory Affairs, and the address of principal place of business of the corporation;

(d) If the postsecondary degree granting educational institution is a for-profit corporation, the names of the owners, officers, members of the board of directors, managing employees within the District of Columbia, and any person or business entity having a ten percent (10%) or more ownership interest in the institution and the source and size of all loans that contribute to the capital structure of the organization;

(e) If the postsecondary degree granting educational institution is a non-profit corporation, the names of the members of the board of directors, officers, and managing employees;

(f) The address of the place or places where instruction will be given and all offices and other facilities in the District of Columbia;

(g) A copy of the most recent certified audited financial statement of the institution prepared by a certified public accountant within twelve (12) months of the application or, if the organization is a start up entity without such a statement, the applicant shall provide adequate certification with regard to all aspects affecting its financial resources;

(h) A copy of the postsecondary degree granting educational institution's certificate of occupancy and the lease or title to the buildings to be used;

(i) The estimated student enrollment and distribution by department or discipline;

(j) A certification of non-discrimination, in conformance with the District of Columbia Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq.);

(k) A statement of the accreditation status of the postsecondary degree granting educational institution which fully describes the following:

(1) Existing accreditation, if any, including the period of accreditation and the expiration date;

(2) The type and scope of accreditation;

(3) The name of the issuing association, organization, or agency;

(4) The status and scope of any pending applications for accreditation;

(5) Any probation or conditions of existing accreditation;

(6) Any revocation of accreditation or other action limiting accreditation during the ten (10) years preceding application to the Commission for licensure and the reasons for the revocation or other action limiting accreditation; and

(7) Any denial of an application for accreditation during the ten (10) years preceding the application for licensure to the Commission, and the reasons for the denial.

(l) A statement describing any authorizations and licenses, other than accreditation, which a postsecondary degree granting educational institution has from another jurisdiction, which shall include the following:

(1) The type of certificate, license, or exemption;

(2) The name of the issuing agency;

(3) The term and expiration date of the certificate or license;

(4) Any conditions to which the certificate or license is subject;

(5) Any pending application for licensure;

(6) Any revocation or other action limiting certification or licensure during the ten (10) years preceding application to the Commission for licensure and the reasons for the revocation or other action limiting certification or licensure;

(7) Any denial of an application for a license or certificate during the ten (10) years preceding the application to the Commission for licensure, and the reasons for the denial;

(m) Any licensure fees or surety bonds required by this chapter; and

(n) Any other information the Commission may reasonably require, including, but not limited to:

(1) From a postsecondary degree granting educational institution located in the District of Columbia, a statement that it shall apply for accreditation from an accredited organization recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or the Commission, within three (3) years after receiving a provisional license, and obtain accreditation within six (6) years after licensure to maintain a license in the District.

(2) From a postsecondary degree granting educational institution located outside of the District of Columbia, a statement that it:

(A) Is licensed in good standing by the appropriate jurisdiction and that it shall ensure that it will continue to be licensed in good standing in that jurisdiction;

(B) Has been accredited by, and shall ensure that it will continue to remain accredited by, an organization recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or the Commission; and

(C) Will apply for representative(s) to hold agent's license(s) to operate in the District of Columbia pursuant to section 8011.

D.C. Mun. Regs. tit. 5, r. 5-A8007

Final Rulemaking published at 37 DCR 6595, 6605 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2434 (March 18, 2011)

5 DCMR A § 8007 is formerly entitled, " Application for License Amendment."

Authority: The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor's Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).