N.J. Admin. Code § 9A:1-1.3 - Licensure

(a) An institution seeking to offer academic degree programs and/or college credit-bearing courses with a physical presence in New Jersey shall first provide evidence of incorporation and petition the Secretary for licensure. No institution shall offer or advertise the availability of college credit-bearing course(s) or academic degree program(s) with a physical presence in New Jersey before receiving formal approval of its petition. Licensure shall require the institution to meet all the standards set forth in this chapter.

(b) A New Jersey institution seeking licensure shall submit a licensure petition in an electronic format to OSHE preferably at least one year before the requested date of implementation. The petition shall contain:

1. The accreditation status of the institution;

2. A mission statement that defines the scope, purpose, and basic tenets of the institution;

3. Information equivalent to the annual summary sheet required by the regional and/or national institutional accrediting association for the institution, if applicable;

4. The institution's financial statements and management letter(s) (if issued) (prepared by independent auditors) for each of the last three years, if applicable;

5. Information on the qualifications of prospective faculty for the proposed New Jersey offering(s);

6. A description of the selection and review process for faculty teaching in New Jersey;

7. A catalog and other data that the institution recognizes as appropriate; and

8. Other information that the Secretary specifically requests.

(c) The following procedures apply to petitions from New Jersey institutions:

1. Upon receipt of the petition, OSHE staff shall provide to all New Jersey institutions a brief summary of the petition's contents, along with information on how to obtain the petition from the OSHE website and an invitation to the institutions to submit their comments within 30 days after the notification regarding the request.

2. OSHE staff shall review the petition and any comments submitted by in-State institutions, usually with the assistance of an external consultant team that is mutually acceptable to the institution and the Secretary. As part of the review of the petition, OSHE staff may also conduct a site visit at the campus of the institution, usually with the assistance of the external consultant team.

3. With respect to both initial and continuing licensure, OSHE staff shall provide the institution's petition and the findings of a licensure evaluation to the Presidents' Council for review and recommendation to the Secretary.

4. The Secretary shall consider the recommendation of the Presidents' Council when making a determination on the petition.

(d) To ensure that licensed institutions continue to maintain the standards set forth below, the Secretary shall periodically evaluate licensed institutions to determine whether or not they should continue to be licensed.

(e) In the case of a currently licensed New Jersey institution accredited as a discrete entity (that is, not an out-of-State institution) by an institutional accrediting body recognized by the U.S. Secretary of Education, the Secretary shall accept the granting or reaffirmation of accreditation as sufficient for continued licensure provided that:

1. The appropriately recognized accrediting body's standards are similar to and encompass the State's criteria for licensure in the judgment of the Secretary;

2. The appropriately recognized accrediting body is an institutional accrediting body recognized by the U.S. Secretary of Education to accredit the kinds of academic programs for which licensure was previously granted;

3. The institution provides the OSHE with a copy of its self-study document at the same time it provides it to the accrediting body;

4. If the Secretary sends a representative to accompany and work with the accreditation team on the site visit, the representative shall have the option to participate fully in the accreditation visit, with the sole exception of voting on recommendations related to accreditation status; and

5. The institution submits to the OSHE a copy of the letter from the recognized accrediting body informing the institution of its accreditation status.

(f) With respect to an unaccredited New Jersey institution, that is, one that is not accredited as a discrete entity by an institutional accrediting body recognized by the U.S. Secretary of Education, the Secretary shall grant licensure for a specified period not to exceed three years in the first instance or more than five years in subsequent instances. Under such conditions, the institution, if it wished to continue to offer academic degree programs and/or college credit-bearing courses in New Jersey, would be required to petition the Secretary for relicensure at least eight months before the expiration of the current license. Licensed unaccredited institutions shall seek accreditation by an institutional accrediting body recognized by the U.S. Secretary of Education to accredit the kinds of academic programs for which initial licensure was granted within three years of initial licensure. Accredited institutions that cease affiliation with an institutional accrediting body while in good standing may petition the Secretary for licensure to offer college credit-bearing courses or academic degree programs in New Jersey.

(g) As a condition of licensure, institutions of higher education that receive direct state support and/or participate in state student assistance grant and scholarship programs shall participate in the Secretary's Student Unit Record Enrollment (SURE) data system within one year of initial licensure. The Secretary shall enter into a memorandum of understanding with institutions participating in the SURE system with regard to the uses of data and protections of student privacy.

(h) The process for out-of-State institutions to seek licensure to offer academic degree programs and/or college credit-bearing courses with a physical presence in New Jersey is detailed at N.J.A.C. 9A:1-5.

(i) The Secretary may direct the OSHE to reevaluate the licensure status of any institution, regardless of its accreditation status.

(j) Before the Secretary revokes or suspends an institution's license, the institution shall have the opportunity for a contested case hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1" et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The institution shall submit its request for a hearing to the Secretary within 15 days of receiving notice of the Secretary's proposed action to revoke or suspend the licensee.

(k) All licensed institutions shall comply with State and Federal statutes, rules, and regulations. Licensed institutions shall report findings of noncompliance by State or Federal agencies to the Secretary.

(l) In the event that a licensed institution changes the institution's name, notice of the change shall be provided by the institution to the Secretary no later than 30 days from the date of the change. A licensed New Jersey institution that seeks to include "university" in the institution's name shall follow the procedures at N.J.A.C. 9A:1-3.

(m) In the event that a licensed New Jersey institution changes the institution's main campus location or establishes an additional campus location that is not a "branch campus," notice of the change shall be provided by the institution to the Secretary no later than 30 days from the date of the change or establishment of the additional campus location.

Notes

N.J. Admin. Code § 9A:1-1.3

Amended by 47 N.J.R. 3112(a), effective 12/21/2015 Amended by 48 N.J.R. 2138(b), effective 10/17/2016 Amended by 54 N.J.R. 433(a), effective 3/7/2022