(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 subparagraph (a)(1)(D) 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, 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
on-site 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. 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
(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 must, within ten days after the change in ownership, apply 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.