NAC388.860. Revocation of approval for course or program: Grounds; procedure; effect.

     1. The State Board of Education may revoke approval for a course of distance education to be included on the list of approved distance education courses published by the Department or for a program of distance education to operate in this State if the State Board determines, by majority vote, that the provider of the course or program has failed to comply with:

     (a) The terms and conditions of the application to provide the course or program, as approved by the Department pursuant to NAC 388.825 or 388.830;

     (b) Subsection 4 of NAC 388.825 or subsection 7 of NAC 388.830, as applicable;

     (c) Generally accepted standards of accounting and fiscal management; or

     (d) The provisions of NRS 388.820 to 388.874, inclusive, or any other statute or regulation applicable to distance education.

     2. If the Department receives a complaint concerning a course of distance education or a program of distance education, or otherwise has reason to believe that a provider of a course or program has failed to comply with paragraphs (a), (b), (c) or (d) of subsection 1, the Department may conduct a review of the course or program, including, without limitation, an audit of the course or program, to determine whether to recommend revocation of the course or program.

     3. If the Department conducts a review pursuant to subsection 2, the Department shall provide written notice to the provider of the course or program that the Department will conduct a review of the course or program. The notice must include the scheduled dates for the review and the specific concerns that will be addressed during the review.

     4. If the Department finds deficiencies in a course or program during a review that is conducted pursuant to subsection 2, the Department shall provide written notice to the provider of the course or program that includes a statement of the deficiencies and a timeline by which the provider may correct the deficiencies before the Department recommends revocation of the course or program to the State Board of Education. If the provider does not correct the deficiencies to the satisfaction of the Department within the time period prescribed in the written notice, the Department may recommend that the State Board revoke approval of the course or program. If the Department determines to recommend revocation, the Department shall present its recommendation to the State Board at the next regularly scheduled meeting of the State Board after the time period prescribed in the written notice has expired.

     5. If the State Board of Education decides to proceed with revocation, it will provide written notice of the proposed revocation by certified mail to the provider of the course or program. The notice must:

     (a) Include the time and location set by the State Board for a hearing concerning the proposed revocation, which will be conducted during a regularly scheduled meeting of the State Board;

     (b) Identify the deficiencies in the course or program that have caused the State Board to proceed with revocation; and

     (c) Be provided to the provider of the course or program at least 30 calendar days before the hearing.

     6. Within 7 calendar days after a hearing is conducted pursuant to subsection 5, the State Board of Education will provide written notice by certified mail to the provider of the course or program of the decision of the State Board concerning the revocation.

     7. If the State Board of Education revokes approval for a course of distance education to be included on the list of approved distance education courses published by the Department, the provider of the course shall cease to offer the course in this State immediately upon receipt of notice from the State Board pursuant to subsection 6. If the State Board revokes approval for a program of distance education to operate in this State, the provider of the program shall cease to operate the program immediately upon receipt of notice from the State Board pursuant to subsection 6.

     (Added to NAC by Bd. of Education by R007-02, eff. 4-5-2002; A by R134-07, 6-17-2008)