14 Del. Admin. Code § 292-9.0 - Termination of Degree Granting Authority Approval Status

9.1 The following are causes for termination of approval for Recognized Applicant, Provisional Approval, or Full Approval status :

9.1.1 The Postsecondary Institution does not continue to meet the requirements of this regulation or is not making satisfactory progress towards the next level of recognition; or

9.1.2 The Postsecondary Institution fails to file a progress report; or

9.1.3 The Postsecondary Institution fails to keep the Department informed of changes; or

9.1.4 The Postsecondary Institution fails to request renewal of its status in the required time frame or request timely advancement to next status level; or

9.1.5 The Postsecondary Institution fails to maintain state licensing requirements for applicable offerings. If the Postsecondary Institution offers Degrees, programs or programs of courses that do not lead to professional licensure, the Department may modify the degree-granting authority to include only those programs in compliance with the standards.

9.2 When the Department proposes to terminate a Postsecondary Institution's approval status, the Department shall first give written notice to the Postsecondary Institution of the reasons for termination and the opportunity for a hearing before the Secretary. The Postsecondary Institution shall be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the Postsecondary Institution's approval status is deemed terminated as set forth in the notice and the Department shall notify the Postsecondary Institution of the termination.

9.2.1 Any hearing before the Secretary shall be held within 90 calendar days of the date the Secretary receives a request for a hearing.

9.2.2 Notice of the hearing shall be given at least 20 calendar days before it is held.

9.2.3 The hearing shall be conducted by the Secretary or the Secretary's designee who shall prepare a proposed order for the Secretary's consideration.

9.2.4 The burden of proof shall be on the Department to show by a preponderance of evidence that there is cause for terminating approval status.

9.3 If the Postsecondary Institution's approval status is terminated, the approval status will expire immediately upon initial notification to the Postsecondary Institution by the Department. If a Postsecondary Institution's approval status expires, the Postsecondary Institution shall be required to begin the application process for Recognized Applicant status.

9.4 The Postsecondary Institution shall notify students individually, in writing, if the Postsecondary Institution's approval status is terminated at any time.

Notes

14 Del. Admin. Code § 292-9.0

26 DE Reg. 834 (4/1/2023) (final)