§ 20-3-250.8. Application to operate or conduct postsecondary activities
(a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in paragraph (4) of subsection (a) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond if required by Code Section 20-3-250.10 and subsection (c) of Code Section 20-3-250.27 and shall be accompanied by payment of the fees specified in Code Section 20-3-250.11; provided, however, that when making application to the commission for authorization to operate, those institutions exempt from certain provisions of this part pursuant to the provisions of paragraph (10) of subsection (a) of Code Section 20-3-250.3 or subsection (c) of Code Section 20-3-250.3 shall be required to submit only those documents pertaining to provisions of this part from which such institutions are not exempt.
(b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An application for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond if a bond is required, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section.
(c) Following review of such application and any further information submitted by the applicant or required by the executive director, an inspection of the physical facility at which the institution will be operating, if located in this state, and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the applicant. The executive director shall have the sole discretion to determine whether the inspection of the physical facility shall be conducted on the site of the institution or through alternative methods, including, but not limited to, remote inspection conducted through use of electronic and audio-visual equipment. A grant of authorization to operate may be on such terms and conditions as the executive director may specify.
(d) The authorization to operate shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of authorization;
(2) The correct name and address of the institution so authorized;
(3) The authority for authorization and conditions thereof;
(4) Any limitation of the authorization, as deemed necessary by the executive director;
(5) The signature of the executive director or such person as may have been designated by the executive director; and
(6) Any other fair and reasonable representations consistent with this part and deemed necessary by the executive director.
(e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time.
(f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in ownership of the institution, a new owner or governing body shall within ten days after the change in ownership notify the commission in writing and shall within 30 days after the change in ownership make application to the commission for a new authorization to operate; and in the event of failure to do so, the institution’s authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution’s authorization to operate.
(g) At least 60 days prior to the expiration of an authorization to operate, the institution shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as provided in subsections (c) through (f) of this Code section.
(h) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization.
(i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain authorization from the executive director before it offers any course not offered by the institution at the time its most recent authorization was granted. The commission by regulation shall establish procedures and standards for authorization of such additional course offerings.
HISTORY: Code 1981, § 20-3-250.8, enacted by Ga. L. 1990, p. 1166, § 3; Ga. L. 1992, p. 1657, § 5; Ga. L. 1994, p. 1282, § 6; Ga. L. 2015, p. 83, § 5/HB 353; Ga. L. 2021, p. 505, § 3/HB 152; Ga. L. 2022, p. 378, § 6/SB 333.
NOTES: The 2015 amendment, effective July 1, 2015, in the second sentence of subsection (f), substituted “shall” for “must,” and substituted “notify the commission in writing and shall within 30 days after the change in ownership make application to the commission” for “, apply”.
The 2021 amendment, effective July 1, 2021, in subsection (c), deleted “on-site” following “executive director, an” near the middle of the first sentence and added the second sentence.
The 2022 amendment, effective July 1, 2022, substituted “paragraph (4) of subsection (a)” for “subparagraph (a)(1)(D)” in the second sentence in subsection (a); and inserted “if a bond is required” in the second sentence in subsection (b).