The purpose and effect is to clarify the existence of an exception to the granting of a provisional license when an institution holding an annual license or license by means of accreditation, undergoes a substantive change and to implement a ...  


  • RULE NO: RULE TITLE
    6E-2.002: Institutional Licensure
    PURPOSE AND EFFECT: The purpose and effect is to clarify the existence of an exception to the granting of a provisional license when an institution holding an annual license or license by means of accreditation, undergoes a substantive change and to implement a technical change by correcting a reference.
    SUMMARY: Generally, when an institution holding an annual license or license by means of accreditation undergoes a substantive change, a provisional license is granted by the Commission. The proposed rule clarifies that an exception exists where an institution holding a license by means of accreditation undergoes a substantive change by offering a program exceeding its accreditation and in that instance, the institution must apply for an annual license, rather than a provisional license.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 1005.22(1)(e), 1005.31(2), (3) FS.
    LAW IMPLEMENTED: 1005.22(1)(o), (2)(d), 1005.31, 1005.32, 1005.33 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: December 11, 2007, 10:00 a.m.
    PLACE: Tampa Airport Marriott, Tampa, Florida
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400

    THE FULL TEXT OF THE PROPOSED RULE IS:

           6E-2.002 Institutional Licensure.

           (1) Provisional license.

           (a) through (b) No change.

           (c) Substantive change. An institution which undergoes a substantive change, as defined in subsection 6E-1.003(55)(52), F.A.C., while holding an Annual License or a License by Means of Accreditation, shall be granted a Provisional License for a period of time determined by the Commission, except as provided in paragraph 6E-2.002(3)(g), F.A.C. An institution may submit a written request for a return to its previous status or for a new status when conditions set by the Commission have been met.  Any limitations on the operation of the institution during the period of provisional licensure will be determined by the Commission when granting the Provisional License.  An institution holding a Provisional License shall not request approval of or implement a substantive change until it holds an Annual License or License by Means of Accreditation.  The Commission may delegate to the Executive Director, the authority to return institutions to their previous status between Commission meetings, if the Executive Director determines that changes have no negative impact on the institution or the students attending the institution.  Such action shall be reported to the Commission at the next meeting for further action.

           (d) through (g) No change.

           (2) through (3) No change.

    Specific Authority 1005.22(1)(e), 1005.31(2), (3) FS. Law Implemented 1005.22(1)(o), (2)(d), 1005.31, 1005.32, 1005.33 FS. History–Repromulgated 12-5-74, Formerly 6E-4.01(1)(f)-(i), Readopted 11-11-75, Amended 2-6-78, 5-7-79, 10-13-83, Formerly 6E-2.02, Amended 11-27-88, 11-29-89, 10-19-93, 4-2-96, 4-11-00, 1-7-03, 12-23-03, 7-10-06,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Sam Ferguson, Executive Director, Commission for Independent Education
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Commission for Independent Education
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 3, 2007

Document Information

Comments Open:
11/9/2007
Summary:
Generally, when an institution holding an annual license or license by means of accreditation undergoes a substantive change, a provisional license is granted by the Commission. The proposed rule clarifies that an exception exists where an institution holding a license by means of accreditation undergoes a substantive change by offering a program exceeding its accreditation and in that instance, the institution must apply for an annual license, rather than a provisional license.
Purpose:
The purpose and effect is to clarify the existence of an exception to the granting of a provisional license when an institution holding an annual license or license by means of accreditation, undergoes a substantive change and to implement a technical change by correcting a reference.
Rulemaking Authority:
1005.22(1)(e), 1005.31(2), (3) FS.
Law:
1005.22(1)(o), (2)(d), 1005.31, 1005.32, 1005.33 FS.
Contact:
Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400
Related Rules: (1)
6E-2.002. Institutional Licensure