NAC394.381. Provisional licenses: Submission of application.  


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  • A person who wishes to obtain a provisional license to operate a private postsecondary educational institution must submit to the Administrator an application that includes, without limitation:

         1. A description of each program of instruction leading to an academic, professional or vocational goal that the applicant intends to offer. The description must include, without limitation:

         (a) The overall organization of the program;

         (b) The objective the program is intended to meet;

         (c) Each educational unit of the program, including its measurable learning objectives, the hours of instruction, the number of credits and the procedure for evaluating attainment of the objectives;

         (d) Proof of compliance with the requirements of NAC 394.521 for each educational unit of the program that is to be offered using distance education;

         (e) The basic textbooks and instructional equipment to be used in the program;

         (f) A brief description of the qualifications of the instructors in the program; and

         (g) A copy of the certificate of completion or diploma to be awarded upon completion of or graduation from the program of instruction. A certificate of completion or diploma must include, or provide spaces to include, without limitation:

              (1) The title of the program;

              (2) The date of completion of the program; and

              (3) Unless completion of the program entitles a student to receive an academic degree, the minimum number of hours of instruction or credits required for the completion of the program.

         2. A certified financial statement that provides evidence of the applicant’s financial stability. The financial statement must:

         (a) Be prepared not more than 12 months before the date of the application;

         (b) Be audited or reviewed by a certified public accountant; and

         (c) Include, without limitation:

              (1) A statement of the source of all investment capital received by the applicant;

              (2) A statement of the disposition of the investment capital, identified by the recipient and amount received, purpose of expenditure or use, balance, if any, and place of deposit;

              (3) A current inventory of the assets received, identified by the source and amount received, and the purpose of expenditure or use;

              (4) A statement of liabilities as of the date of the application, including accounts payable, loans and notes payable, and any other financial obligations of the applicant; and

              (5) A statement of obligations attendant to land purchase agreements, land sales contracts, lease agreements on land and similar contracts involving the acquisition of books, equipment, buildings and furnishings for buildings.

         3. An affidavit or power of attorney to the Commission or its staff to substantiate the specific information contained in the financial statement submitted by the applicant.

         4. A proposed budget for all operations of the institution by the applicant during its first 12 months of operation. The proposed budget must include, without limitation:

         (a) Cash on hand at the beginning of the year;

         (b) Anticipated income for the year, identified by source and amount;

         (c) Anticipated loans, investments and other monetary assets, identified by source and amount; and

         (d) Anticipated expenditures, including, without limitation:

              (1) A list of all administrative personnel by name, position and proposed compensation, including, without limitation, the amount of each person’s salary and the value of any living quarters, automobile allowance and other consideration to be furnished to the person by the applicant;

              (2) An estimate of the aggregate amount of money to be expended for salaries for instructional personnel and a statement that sets forth the total number of instructional personnel actually under contract or anticipated to be under contract;

              (3) An estimate of the amount of money to be expended for textbooks, library services and other expenses of instruction; and

              (4) A list of proposed expenditures by category for:

                   (I) Facilities;

                   (II) Equipment and maintenance;

                   (III) Supplies;

                   (IV) Books, other than textbooks;

                   (V) Services for students;

                   (VI) Services for the community;

                   (VII) Advertising;

                   (VIII) Transportation; and

                   (IX) Insurance.

         5. A copy of the contract or enrollment agreement to be used by the applicant which includes, or provides spaces to include, without limitation:

         (a) The name of the institution to be operated by the applicant, its address and telephone number;

         (b) The name of the student, his or her address and telephone number;

         (c) The title of the program or course in which the student is enrolled;

         (d) The effective date of the catalog under which the student is enrolled;

         (e) The policy of the applicant on granting credit for previous training or experience and, if granted, the provisions for reductions in the cost or length of the program or course;

         (f) A statement printed in bold type stating that the person signing the contract or enrollment agreement has received, read and understood the document, has received the catalog of the applicant and understands that the catalog is part of the contract or enrollment agreement; and

         (g) If the student is enrolled in a program that does not entitle the student to receive an academic degree:

              (1) The minimum number of hours of instruction or credits of each course in the program and the date upon which each course begins;

              (2) The schedule of payments and total cost of each course; and

              (3) A disclaimer by the applicant, printed in bold type, stating that placement in a job is not guaranteed or promised to persons who complete the program.

         6. A copy of the catalog or brochure to be provided to students. In addition to the information required by NRS 394.441, the catalog or brochure must include, without limitation:

         (a) Information to identify the catalog or brochure, including the date the publication is effective;

         (b) The name of the applicant and its governing body, officials and faculty;

         (c) A calendar showing business hours, legal holidays, beginning and ending dates of each established term or course of study, and other important dates;

         (d) The policy and regulations of the applicant concerning enrollment, including requirements for admission and specific requirements for entrance into each course and any deadlines for enrollment;

         (e) The policy and regulations of the applicant concerning the standards of progress required of a student by the applicant, including, without limitation:

              (1) A definition of the grading system of the applicant and the minimum grade considered satisfactory;

              (2) A statement of the conditions for interruption of the program of a student for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the applicant; and

              (3) A statement of the conditions of readmission for those students dismissed for unsatisfactory progress;

         (f) The policy and regulations of the applicant concerning leave, absences, a class missed without an excuse, makeup work, tardiness and interruptions for unsatisfactory attendance;

         (g) The policy and regulations of the applicant concerning the discipline of students and conditions for dismissal for unsatisfactory conduct;

         (h) The policy and regulations of the applicant concerning any charges if a student does not enter the course, withdraws or is discontinued from the course;

         (i) A description of the available space, facilities and equipment;

         (j) The policy and regulations of the applicant concerning granting credit for previous education and training;

         (k) A detailed description of the extent and nature of any service or assistance in the placement of its graduates which the applicant represents that it provides; and

         (l) A statement describing the status of the applicant’s license and accreditation.

         7. Plans, blueprints or line drawings which describe in detail the facilities in which the applicant will operate.

         8. A copy of any lease or contract for the use of a facility in which the applicant will conduct instruction or store records. The lease or contract must be signed by both parties and set forth the terms and conditions for the use of the facility.

         9. A statement signed by the owner or an appropriate officer of the applicant stating that enrollment in the institution operated by the applicant is open to all persons who meet entrance requirements, regardless of age, race, color, religion, national origin, disability, sex, sexual orientation, or gender identity or expression. The statement must be notarized.

         10. If the applicant will operate the institution under an assumed or fictitious name, a certified copy of the certificate filed by the applicant pursuant to NRS 602.010, with the county clerk of each county in which the institution will be operated under that name.

     (Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)