(a) This section does not apply to: (1) New programs proposed to be implemented by public and private nonprofit institutions of higher education using existing program resources in accordance with § 11-206.1 of this subtitle; (2) Programs offered by institutions of higher education that operate in the State without a certificate of approval in accordance with § 11-202.1(b) of this subtitle; and (3) The Cyber Warrior Diversity Program established under Subtitle 14 of this title. (b) (1) Prior to the proposed date of implementation, the governing body of an institution of postsecondary education shall submit to the Commission each proposal for: (i) A new program; or (ii) A substantial modification of an existing program. (2) The Commission shall review each such proposal and: (i) With respect to each public institution of postsecondary education, either approve or disapprove the proposal; (ii) Except as provided in § 16-108(c) of this article, with respect to each private nonprofit or for-profit institution of higher education, either recommend that the proposal be implemented or that the proposal not be implemented; and (iii) With respect to a private career school, either approve or disapprove the proposal. (3) If the Commission fails to act within 60 days of the date of submission of the completed proposal, the proposal shall be deemed approved. (4) Except as provided in paragraph (3) of this subsection, a public institution of postsecondary education and private career school may not implement a proposal without the prior approval of the Commission. (5) (i) Except as provided in paragraph (3) of this subsection, and subject to subparagraph (ii) of this paragraph, a program that has not received a positive recommendation by the Commission may be implemented by: 1. Subject to the provisions of § 17-105 of this article, a private nonprofit institution of higher education; or 2. A for-profit institution of higher education. (ii) If a private nonprofit or for-profit institution of higher education implements a proposal despite the recommendation from the Commission that a program not be implemented, the institution shall notify both prospective students of the program and enrolled students in the program that the program has not been recommended for implementation by the Commission. (6) (i) If the Commission disapproves a proposal, the Commission shall provide to the governing body that submits the proposal a written explanation of the reasons for the disapproval. (ii) After revising a proposal to address the Commission's reasons for disapproval, the governing body may submit the revised proposal to the Commission for approval. (c) (1) Prior to discontinuation, each institution of postsecondary education that proposes to discontinue an existing program shall provide written notification to the Commission specifying: (i) The name of the program; and (ii) The expected date of discontinuation. (2) By rule or regulation, the Commission may require the payment by a private career school of a refund to any student or enrollee who, because of the discontinuation of an ongoing program, is unable to complete such program. (d) The Commission shall review and make recommendations on programs in private nonprofit and for-profit institutions of higher education. (e) (1) In this subsection, "governing board" includes the board of trustees of a community college. (2) (i) The Commission shall adopt regulations establishing standards for determining whether two or more programs are unreasonably or unnecessarily duplicative. (ii) The regulations shall: 1. Clearly identify all specific criteria and factors used by the Commission to determine whether two or more programs are unreasonably or unnecessarily duplicative; 2. Prioritize meeting State and regional workforce needs and preserving existing programs that are able to meet these workforce needs; and 3. Prioritize collaboration between institutions of higher education. (3) The Commission may review existing programs at public institutions of postsecondary education if the Commission has reason to believe that academic programs are unreasonably or unnecessarily duplicative or inconsistent with an institution's adopted mission. (4) The Commission may make a determination that an unreasonable or unnecessary duplication of programs exists on its own initiative or after receipt of a request for determination from any directly affected public institution of postsecondary education. (5) (i) If the Commission makes a determination under paragraph (4) of this subsection the Commission may: 1. Make recommendations to a governing board on the continuation or modification of the programs; 2. Require any affected governing board to submit a plan to resolve the duplication; and 3. Negotiate, as necessary, with any affected governing board until the unreasonable or unnecessary duplication is eliminated. (ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, if the Commission determines that two or more existing programs offered by institutions under the governance of different governing boards are unreasonably or unnecessarily duplicative, the governing boards of the institutions of postsecondary education at which the programs are offered shall have 180 days from the date of the Commission's determination to formulate and present to the Commission a joint plan to eliminate the duplication. (iii) If in the Commission's judgment the plan satisfactorily eliminates the duplication, the governing board of the affected institutions shall be so notified and shall take appropriate steps to implement the plan. (iv) If in the Commission's judgment the plan does not satisfactorily eliminate the duplication, or if no plan is jointly submitted within the time period specified in paragraph (6) of this subsection, the governing board of the affected institutions shall be so notified. The Commission may then seek to eliminate the duplication by revoking the authority of a public institution of postsecondary education to offer the unreasonably or unnecessarily duplicative program. (6) (i) Prior to imposing a sanction under paragraph (5) of this subsection, the Commission shall give notice of the proposed sanction to the governing board of each affected institution. (ii) 1. Within 20 days of receipt of the notice, any affected institution may request an opportunity to meet with the Commission and present objections. 2. If timely requested, the Commission shall provide such opportunity prior to the Commission's decision to impose a sanction. (iii) The Commission's decision shall be final and is not subject to further administrative appeal or judicial review.
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