Administrative Rule Review Report  #AR11-001

Legislative Service Office

03-Mar-11

 

AGENCY:                                 Department of Education.

 

DATE SUBMITTED:                   December 28, 2010.

 

SUBJECT:                                 Chapter 30, Registration Licensing Post Secondary Degree Granting Institutions.

 

NATURE OF RULES:                     Legislative, procedural

 

STATUTORY AUTHORITY:         W.S. 21-2-202(a)(i)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

 

SUMMARY OF RULES:  The rules being amended provide for the regulation and registration of private degree granting post secondary institutions.  The rules are amended by adding new definitions as used in the rules.  The rules are amended by requiring prospective institutions to provide notice to the department of education prior to commencing operation and by specifying the form of the notice.  The rules are amended by requiring candidate institutions to provide a performance bond or letter of credit for consideration for registration.  The rules are amended to provide that registration as a candidate institution shall not exceed five years except in specific circumstances.  The rules are also amended to provide that religious institutions which offer post secondary degrees are not required to register if they meet certain requirements related to the degrees offered.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Joshua Anderson

                                                            Staff Attorney

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

JDA/