(a) The Division of Higher Education shall have the sole authority to:(1) Approve all schools offering programs of study leading to or enhancing an occupational objective; and(2) Issue licenses to schools that have met the standards established by the Division of Higher Education, including without limitation:(A) Programs of study;(B) Adequate facilities;(C) Financial stability;(D) Qualified personnel; and(E) Legitimate operating practices.
(1) Approve all schools offering programs of study leading to or enhancing an occupational objective; and
(2) Issue licenses to schools that have met the standards established by the Division of Higher Education, including without limitation:(A) Programs of study;(B) Adequate facilities;(C) Financial stability;(D) Qualified personnel; and(E) Legitimate operating practices.
(A) Programs of study;
(B) Adequate facilities;
(C) Financial stability;
(D) Qualified personnel; and
(E) Legitimate operating practices.
(b) Upon approval by the Division of Higher Education, any such school may issue certificates or diplomas.
(c) The Division of Higher Education shall:(1) Establish criteria and the standards for the approval of licensed schools;(2) Provide for adequate investigation of all schools applying for a license;(3) Issue licenses to those applicants meeting the standards established by the Division of Higher Education; and(4) Maintain a list of schools approved under this subchapter.
(1) Establish criteria and the standards for the approval of licensed schools;
(2) Provide for adequate investigation of all schools applying for a license;
(3) Issue licenses to those applicants meeting the standards established by the Division of Higher Education; and
(4) Maintain a list of schools approved under this subchapter.
(d) The Division of Higher Education may promulgate rules to implement this subchapter.
(e) The Division of Higher Education shall administer hearings before the Arkansas Higher Education Coordinating Board for schools and admissions representatives facing revocation or denial of licensure.
(f) (1) The Division of Higher Education shall annually require background investigations for all partners or shareholders with ten percent (10%) or more ownership interest in a school when the school seeks an original license.(2) The Division of Higher Education may establish a schedule for periodic background checks for partners or shareholders with ten percent (10%) or more ownership interest in a school when seeking renewal of a school license.
(1) The Division of Higher Education shall annually require background investigations for all partners or shareholders with ten percent (10%) or more ownership interest in a school when the school seeks an original license.
(2) The Division of Higher Education may establish a schedule for periodic background checks for partners or shareholders with ten percent (10%) or more ownership interest in a school when seeking renewal of a school license.
(g) (1) The partners or shareholders shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.(2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.(3) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.(4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Division of Higher Education all information obtained concerning the person in the commission of any offense listed in § 6-51-606(g)(3).(5) (A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check.(B) The temporary license shall be valid for no more than six (6) months.(C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3), the Division of Higher Education shall revoke the license.
(1) The partners or shareholders shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.
(2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(3) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.
(4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Division of Higher Education all information obtained concerning the person in the commission of any offense listed in § 6-51-606(g)(3).
(5) (A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check.(B) The temporary license shall be valid for no more than six (6) months.(C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3), the Division of Higher Education shall revoke the license.
(A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check.
(B) The temporary license shall be valid for no more than six (6) months.
(C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3), the Division of Higher Education shall revoke the license.
(h) (1) Licensure revocation under § 6-51-606(g) may be waived by the Division of Higher Education upon the request of:(A) An affected applicant for licensure; or(B) The partners or shareholders of a school holding a license subject to revocation.(2) Circumstances for which a waiver may be granted shall include without limitation the following:(A) The age at which the crime was committed;(B) The circumstances surrounding the crime;(C) The length of time since the crime;(D) Subsequent work history;(E) Employment references;(F) Character references; and(G) Other evidence demonstrating that the applicant does not pose a threat.
(1) Licensure revocation under § 6-51-606(g) may be waived by the Division of Higher Education upon the request of:(A) An affected applicant for licensure; or(B) The partners or shareholders of a school holding a license subject to revocation.
(A) An affected applicant for licensure; or
(B) The partners or shareholders of a school holding a license subject to revocation.
(2) Circumstances for which a waiver may be granted shall include without limitation the following:(A) The age at which the crime was committed;(B) The circumstances surrounding the crime;(C) The length of time since the crime;(D) Subsequent work history;(E) Employment references;(F) Character references; and(G) Other evidence demonstrating that the applicant does not pose a threat.
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat.
(i) (1) Any information received by the Division of Higher Education from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by:(A) The affected applicant for licensure or his or her authorized representative; or(B) The person whose license is subject to revocation or his or her authorized representative.(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.
(1) Any information received by the Division of Higher Education from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by:(A) The affected applicant for licensure or his or her authorized representative; or(B) The person whose license is subject to revocation or his or her authorized representative.
(A) The affected applicant for licensure or his or her authorized representative; or
(B) The person whose license is subject to revocation or his or her authorized representative.
(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.
(j) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.
(k) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check required by this section.