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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

22 Pa. Code § 36.8. Evaluation and approval.

§ 36.8. Evaluation and approval.

 (a)  The chief administrative officer or designee of the applying institution shall be recognized by the Department as the liaison person. Negotiations for approval to operate in this Commonwealth shall be conducted with that person.

 (b)  The Department reserves the right to conduct an evaluation of the parent institution or, when applicable, its off-campus enterprises, or both.

 (c)  Following the initial approval to operate in this Commonwealth under this chapter and applicable provisions of this subpart, and after the issuance by the Department of State of a certificate of authority to operate, the institution shall be permitted to recruit and register students and begin its operation.

 (d)  During the first year of operation, a site visit shall be conducted by an evaluation committee in accordance with this chapter and this subpart.

 (e)  Materials relating to a site visit shall be received by the Department at least 60 calendar days prior to the site visit.

 (f)  Department site visits may be conducted jointly with other accrediting or approving agencies, but decisions and recommendations must be arrived at independently by the Department evaluation committee. Site visit costs pertinent to the request of the applicant shall be borne by the applicant.

 (g)  Following submission of the evaluation committee’s report to the institution, the institution shall within 60-calendar days of the receipt of the report file its response with the Department. Upon receiving a response satisfactory to the Department, the Department will publish its intent to approve the enterprise in the Pennsylvania Bulletin at least 30 days before the date of approval. The decision of the Secretary regarding approval of the enterprise will be rendered within 60-calendar days of publication of the notice in the Pennsylvania Bulletin. If a protest or objection is received, the Department will conduct hearing procedures in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) before making a final determination regarding the application.

 (h)  If an enterprise is not approved, the institution shall close its operation on a timetable to be established by the Department. The Department will take appropriate legal action against a foreign corporation operating an educational enterprise in this Commonwealth without the express written approval of the Secretary.

 (i)  If an institution is approved to operate an educational enterprise in this Commonwealth, it shall file periodic progress reports as deemed necessary by the Department. The educational enterprise may be evaluated for cause at any time and will be reevaluated every 5 years in accordance with this subpart and this chapter. If the institution fails to maintain its enterprise according to this subpart and this chapter, authority to operate in this Commonwealth will be revoked as provided by 24 Pa.C.S. §  6506(a) (relating to visitation of institutions and revocation of authority).

 (j)  To withdraw from its approved enterprise in this Commonwealth, a foreign corporation shall have the approval of the Secretary and shall be in compliance with § §  31.71 and 31.72 (relating to notification; obligations).


   The provisions of this §  36.8 amended under section 2603-B of the Public School Code of 1949 (24 P. S. §  26-2603-B).


   The provisions of this §  36.8 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial pages (244567) to (244568).

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