Proposed Regulatory LanguageCommittee IV -- Accreditation
Issue #1:Due ProcessTentative agreement reached 04-26-07
§602.3 What definitions apply to this part?* * * * *Adverse accrediting decision means a decision to deny,withdraw, suspend, revoke, or terminate accreditation orpreaccreditation, or any comparable accrediting decision anagency may make against an institution or program, thatwill become final unless appealed.§602.25 Due process.The agency must demonstrate that the procedures ituses throughout the accrediting process satisfy dueprocess. The agency meets this requirement if the agencydoes the following:(a) The agency uses procedures that afford aninstitution or program a reasonable period of time tocomply with the agency’s requests for information anddocuments.(b) In arriving at an adverse accrediting decision,the agency applies procedures that— (1) Require written notice of the deficiencies theinstitution or program is believed to have under theagency’s standards and policies;(2) Provide a reasonable period of time for theinstitution or program to prepare its response to thedeficiencies identified;(3) Permit the institution or program to presentinformation—written and, if deemed necessary by the agency,oral—to the agency in its response; and(4) Ensure that the agency’s decision makers areobjective and free of conflicts of interest.(c) The agency notifies the institution or program inwriting of any adverse accrediting decision or an action to
Pre-Decisional DRAFT April 30, 2007
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Proposed Regulatory LanguageCommittee IV -- Accreditation
place the institution or program on probation or showcause. The notice describes the basis for the decision oraction.(d) The agency permits the institution or program theopportunity to appeal orally or in writing an adverseaccrediting decision. The appeal procedures include--(1) The right to be represented by counsel during thatappeal;(2) The right to have individuals who are objectiveand free of conflicts of interest hear and make thedecision or the recommended decision on the appeal; and(3) If the agency allows institutions or programs theright to appeal other types of actions, the agency has thediscretion to limit the appeal to a written appeal.(e) The agency notifies the institution or program inwriting of the result of its appeal and the basis for thatresult.§602.20 Enforcement of standards.(a) If the agency’s review of an institution orprogram under any standard indicates that the institutionor program is not in compliance with that standard, theagency must— (1) Immediately initiate an action to deny, withdraw,suspend, revoke, or terminate accreditation orpreaccreditation, or take comparable action against, theinstitution or program; or(2) * * ** * * * *(b) If the institution or program does not bringitself into compliance within the specified period, theagency must take an immediate action to deny, withdraw,suspend, revoke, or terminate accreditation orpreaccreditation, or take comparable action against theinstitution or program unless the agency, for good cause,extends the period for achieving compliance.
Pre-Decisional DRAFT April 30, 2007
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Proposed Regulatory LanguageCommittee IV -- Accreditation
§602.28 Regard for decisions of States and otheraccrediting agencies.* * * * *(d) If the agency learns that an institution itaccredits or preaccredits, or an institution that offers aprogram it accredits or preaccredits, is the subject of anaction to deny, withdraw, suspend, revoke, or terminateaccreditation or preaccreditation, or take comparableaction against the institution or program by anotherrecognized accrediting agency or has been placed onprobation or an equivalent status by another recognizedagency, the agency must promptly review its accreditationor preaccreditation of the institution or program todetermine if it should also take such action or place theinstitution or program on probation or show cause.(e) The agency must, upon request, share with otherappropriate recognized accrediting agencies and recognizedState approval agencies information about the accreditationor preaccreditation status of an institution or program andany action it has taken to deny, withdraw, suspend, revoke,or terminate accreditation or preaccreditation, or takecomparable action against an accredited or preaccreditedinstitution or program.
Pre-Decisional DRAFT April 30, 2007
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