W. Va. Code R. § 133-35-14

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 133-35-14 - Warning, Suspension, Withdrawal, or Revocation of Accreditation, License, and/or Approval to Operate

14.1. A school shall provide the Commission with a copy of any notice of warning, suspension, revocation, or other adverse action received from any national, regional, or state accrediting and/or approval agency or the United States Department of Education within five (5) days of receipt of such notice. The school shall at the same time inform the Commission in writing of activities being taken to correct the deficiencies.

14.2. The Commission may for good cause, suspend, withdraw, or revoke the authorization of a school to operate within this state or to solicit students within the state. Good cause shall consist of:

14.2.1. Loss of accreditation by a nationally or regionally recognized accrediting agency;

14.2.2. Cancellation of the school's bond by the bonding company and failure to secure a replacement in accordance with this rule;

14.2.3. A final determination that the school has engaged in conduct prohibited by this rule, and the conduct warrants suspension, withdrawal, or revocation of the approval to operate a school or solicit students in this state, and corrective action has not been taken within the required time;

14.2.4. Closure of the school without adequately providing for the completion of students' classes or course work, without refunding students' unearned tuition or otherwise discharged the institutions contractual obligations to the students;

14.2.5. Conviction of the owner of a school for a felony or crime involving administration of the school or involving Federal Student Assistance programs; or

14.2.6. Refusal to cooperate with an investigation pursuant to Section 13 of this rule.

14.3. Upon receipt by the Commission of information constituting any of the above grounds for suspension, withdrawal, revocation, or other adverse action, the Commission shall notify the school and its owner in writing of its intent to recommend suspension, withdrawal, revocation, or other adverse action and the grounds for such recommendation.

14.3.1. The owner of the school may, within ten (10) work days of receipt of such notice, request a hearing upon the recommended action. Such hearing, if requested, shall be commenced within twenty (20) work days of such request at the chancellor's office or at such other location convenient to the parties and witnesses as may be designated by the chancellor.

14.3.2. The hearing shall be conducted by the Chancellor of the West Virginia Higher Education Policy Commission or the chancellor's designee, pursuant to the procedures set forth in Chapter 29A, Article 5 of the Code of West Virginia.

14.3.3. The chancellor or the chancellor's designee may continue the hearing at the request of the school for good cause shown. Continuances shall not be granted as a matter of right.

14.3.4. If the owner or a representative of the school does not request a hearing within the requisite time period, the recommendation of the chancellor shall be deemed unchallenged by the school and reported to the Commission for final action.

14.4. At the hearing, the grounds for suspension, withdrawal, or revocation of authorization to operate the school or other adverse action must be established by clear and convincing evidence.

14.4.1. The owner of the school or its designated representative may appear to defend the interests of the school, may present witnesses and evidence on behalf of the school, and may cross-examine witnesses against the school. The school may retain legal counsel to represent its interests at the hearing.

14.4.2. The Commission does not have the power to issue subpoenas, but the chancellor or the school may request the appearance of witnesses at the hearing, who shall be notified of such request by the chancellor or the chancellor's designee with the date, time, and location of the hearing in writing.

14.4.3. The rules of evidence shall not strictly apply, and evidence may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Objections to evidence offered by either party shall be ruled upon by the chancellor or the chancellor's designee who conducts the hearing.

14.4.4. The hearing shall be recorded by mechanical means or by a certified court reporter retained by the chancellor.

14.5. The chancellor shall make written findings of fact and conclusions of law as to whether or not the school or its representative has committed acts in violation of the law or these rules which would justify the suspension, withdrawal, or revocation of its authorization to operate. Such findings and conclusions shall be reported to the Commission, and a copy of same shall be provided to the school on the same date it is filed with the Commission and placed upon its agenda for action.

14.6. The Commission shall act upon the report at its next regularly scheduled business meeting to accept or reject the findings of the chancellor or the chancellor's designee, and to suspend, withdraw, or revoke the authority of the school or its representative to operate and/or solicit students within this state. Notification of the Commission's action shall be given to the school and/or its representative in writing within two (2) business days following such action of the Commission, by certified mail, or by personal delivery. For good cause shown in the minutes of the Commission, action upon the chancellor's report may be deferred to a date not later than the next regularly scheduled business meeting of the Commission.

14.7. A school or its representative may appeal an adverse action of the Commission to a court of competent jurisdiction within the time period specified by state law.

W. Va. Code R. § 133-35-14