(a) Unless renewed, an approval to operate shall expire at 12 midnight on the last day of the institution's term of approval as granted pursuant to section 94890(b) of the Code.
(b) An institution seeking to renew its Approval to Operate pursuant to section 94890 of the Code shall complete and submit to the Bureau the “Renewal Application for Approval to Operate for an Accredited Institution,” Form Application 94890 (rev. 2/10).
(c) The application for renewal of an approval to operate for an accredited institution shall include all of the following:
(1) The name, institution/school code and website address of the institution.
(2) The mailing address, identified either by physical address or by post office box number, telephone number and fax number of the institution.
(3) The name, address, email address, telephone number and fax number of an individual who will function as the institution's contact person for the purposes of the application.
(4) The name, title and address of each person, as defined in section 94855 of the Code, who owns or controls 25% or more of the stock or an interest in the institution and, to the extent applicable, each general partner, officer, corporate director, member of the board of directors, and any other person who exercises substantial control over the institution's management or policies. For the purpose of this paragraph, a person exercises “substantial control over the institution's management or policies: if the person has th authority to cause the institution to expend money or incur debt in the amount of five thousand dollars ($5,000) or more in any year.
(A) For each address required, the institution shall provide a physical home address, and may request that the address, email address, and telephone number, of each person described in paragraph (4) be maintained as personal information.
(B) The federal employer identification number for partnerships or the social security number for individual owners identified in the application.
(d) In addition to the form required in (b), the institution shall submit the appropriate renewal fee as provided in Section 94930.5(b)(3) of the Code to the Bureau, and verification that its accreditation has been renewed by its accreditation agency.
(e) The institution demonstrates its continued capacity to meet the minimum operating standards by submitting the application signed and dated, and each fact stated therein and each attachment thereto declared to be true under penalty of perjury, as follows:
(1) Signatories:
(A) Each owner of the institution, or
(B) If the institution is incorporated, the chief executive officer of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
(C) Each member of the governing body of a nonprofit corporation.
(2) The declaration shall be in the following form:
“I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
(Date)
(Signature)”
(3) The application will include the date signed, the name and title of each signor of the application.
(f) In addition to the fee required by subdivision (d) of this section:
(1) An application for renewal that is received by the Bureau more than 30 days after the expiration of the approval to operate shall be submitted with the 25 percent late payment penalty fee required by section 94931(a) of the Code.
(2) An application for renewal that is received by the Bureau more than 90 days after the expiration of the approval to operate shall be submitted with the 35 percent late payment penalty fee required by section 94931(b) of the Code.
(g) Provided that a complete renewal application is received by the Bureau prior to the expiration of the approval, a valid approval to operate shall continue until the Bureau has acted upon the renewal application.
(h) An approval to operate that has expired may be renewed at any time within 6 months after its expiration on filing of an application for renewal and, as a condition precedent to renewal, payment of all accrued and unpaid renewal fees, late payment penalty fees prescribed in subdivision (f) of this section, and any other fees that would have been due in order to renew timely. After an approval to operate has expired for more than 6 months, the approval is automatically cancelled and the institution must submit a complete application pursuant to section 71390, meet all current requirements, and pay all fees that would have been due in order to timely renew, in order to apply for approval.
(i) An incomplete application filed under this section will render the institution ineligible for renewal.
Credits
Note: Authority cited: Sections 94803, 94890 and 94891, Education Code. Reference: Sections 94802, 94889, 94890, 94930.5 and 94931, Education Code.
History
1. New section 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.
2. New section refiled with amendments 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.
3. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (a), (d) and (f), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).
This database is current through 4/26/24 Register 2024, No. 17.
