§ 11-204. Procedure upon finding deficiencies
West's Annotated Code of MarylandEducationEffective: July 1, 2013
Effective: July 1, 2013
MD Code, Education, § 11-204
§ 11-204. Procedure upon finding deficiencies
(a) If the Commission believes that an institution of postsecondary education does not meet the conditions or standards on which its certificate of approval, registration, or any other approval issued by the Commission or Secretary, was based, the Commission shall give the institution written notice specifying the deficiencies believed to exist.
(b)(1) The notice shall specify the alleged deficiencies, and direct the institution to correct them within a period of not less than 30 days.
(2) If the institution requests a hearing, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing must be received by the Commission within 20 days of the institution's receipt of the notice of deficiencies.
(c)(1) If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the institution or suspend or revoke the institution's certificate of approval or any other approval issued by the Commission or Secretary.
(2)(i) Instead of or in addition to reprimanding a for-profit institution of higher education, institution of higher education required to register under § 11-202.2 of this subtitle, or private career school, or suspending or revoking any approval issued to a for-profit institution of higher education or private career school or registration issued to an institution of higher education under § 11-202.2 of this subtitle, the Commission may impose a penalty of up to $5,000 for each violation as specified in regulations adopted by the Commission.
(ii) In accordance with the provisions of this section, the Commission shall deposit any penalty assessed against a for-profit institution of higher education, institution of higher education required to register under § 11-202.2 of this subtitle, or private career school into the respective guaranty fund if such funds exist. Otherwise, all penalties shall be deposited into the General Fund of the State.
(d)(1) In addition to any other sanction imposed under this section, an institution of higher education that is required to register under § 11-202.2 of this subtitle that willfully and knowingly violates the provisions of this subtitle shall be:
(3) If an institution is required to register under § 11-202.2 of this subtitle and the institution does not file an application to register with the Commission within 3 months of enrolling its first Maryland student or the institution enrolls additional Maryland students in violation of this section, the institution shall be subject to a fine not exceeding $20,000.
(e) In imposing any sanctions under this section, the Commission shall consider:
(f)(1) An institution that is aggrieved by an order of the Commission has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.
(g)(1) The Secretary may at any time following written notice of the deficiencies and prior to the Commission's final decision seek an injunction or other judicial remedy in accordance with § 11-107 of this title, if the Secretary determines that the public interest requires enforcement of the provisions of this article or any applicable regulations.
Credits
Added by Acts 1988, c. 246, § 2, eff. July 1, 1988. Amended by Acts 1992, c. 10, § 1, eff. July 1, 1992; Acts 1996, c. 10, § 16, eff. April 9, 1996; Acts 1999, c. 34, § 7, eff. April 13, 1999; Acts 2011, c. 277, § 1, eff. June 1, 2011; Acts 2012, c. 595, § 1, eff. July 1, 2012; Acts 2012, c. 596, § 1, eff. July 1, 2012; Acts 2013, c. 490, § 1, eff. July 1, 2013.
MD Code, Education, § 11-204, MD EDUC § 11-204
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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