District of Columbia Administrative Code

8007 APPLICATION FOR PROVISIONAL LICENSURE 8007.1 A postsecondary degree granting educational institution shall submit to the Commission an application for provisional licensure in such form as the Commission may prescribe and shall not begin instruction until a license to do so …

8008 APPLICATION FOR PROVISIONAL LICENSE RENEWAL 8008.1 Sixty (60) days before the expiration of a provisional license, or at such other time as the Commission may require, a licensee wishing to renew the license shall submit to the Commission an application for renewal in such f…

8009 APPLICATION FOR CONVERSION OF A PROVISIONAL LICENSE TO PERMANENT LICENSE 8009.1 Sixty (60) days before the expiration of a provisional license, or at such other time as the Commission may require, a licensee wishing to convert the license to a permanent license shall submit …

8010 APPLICATION FOR LICENSE AMENDMENT; CHANGED CONDITIONS 8010.1 An institution licensed by the Commission shall submit an application for an amended license if: (a) A change in ownership is proposed; (b) A change in accreditation status occurs; (c) There is a material change af…

8011 AGENT LICENSES 8011.1 A licensed accredited, degree granting educational institution in good standing, which operates outside of the District of Columbia, may apply for a representative to hold an agent’s license. 8011.2 Grant of an agent’s license by the Commission shall be…

8012 SITE EVALUATION VISITS 8012.1 The Commission may perform a site evaluation of a postsecondary degree granting educational institution and may require that the institution submit documents and information before the site evaluation visit. 8012.2 The purpose of a site visit sh…

8013 REVIEW OF LICENSED INSTITUTIONS; ANNUAL DATA SURVEY 8013.1 The Commission shall review all licensed postsecondary degree granting educational institutions annually by requiring institutions to submit an annual data survey covering the prior academic year of the institution. …

8014 STUDENT COUNT 8014.1 The counting of full-time students or their equivalents, for purposes of the annual data survey required by section 8013, and of licensing fees required by section 8030, shall be conducted as specified in this section. 8014.2 The number of full-time stud…

8015 FALSE DEGREES 8015.1 A postsecondary degree granting educational institution shall not employ staff, faculty, administrators, or accept students who have knowingly manufactured, produced, or used a false academic degree to obtain employment or admission to an institution of …

8016 CLOSING AN INSTITUTION 8016.1 A postsecondary degree granting educational institution which closes shall make arrangements for its students and for the safekeeping of its records, as set forth in this section. 8016.2 A postsecondary degree granting educational institution li…

8017 TRANSFER OF RECORDS OF CLOSED INSTITUTION 8017.1 If a postsecondary degree granting educational institution licensed under this chapter, or granted a conditional exemption under this chapter, discontinues its operations, the chief administrative officer, by whatever title de…

8018 DENIAL, REDUCTION, SUSPENSION, AND REVOCATION OF A LICENSE 8018.1 The Commission, in accordance with procedures consistent with the provisions of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat.1204; D.C. Official Code §§ 1-1501, et…

8019 COMPLAINTS 8019.1 If the Commission has reason to believe that an applicant or licensed institution may not be in compliance with the requirements of law or this chapter, the Commission may conduct an investigation, including a site evaluation visit, as it deems necessary. I…

8020 NOTICE OF INVESTIGATIONS; SERVICE; COMMENCEMENT OF HEARINGS 8020.1 A written notice shall be served by the Commission pursuant to this section to an applicant or licensee (“respondent”) at the initiation of an investigation, or if the Commission proposes to deny, suspend, re…

8021 HEARING OFFICER; PARTIES 8021.1 The Commission may authorize a hearing officer, including the District of Columbia Office of Administrative Hearings, pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Of…

8022 BURDEN OF PROOF 8022.1 In a hearing resulting from a proposed action to reduce, suspend, or revoke a license, the Commission has the burden of proving by a preponderance of the evidence that the proposed action should be taken. 8022.2 In a hearing resulting from the denial o…

8023 CONDUCT OF HEARINGS AND RECORD 8023.1 All hearings before the Commission or a hearing officer shall be open to the public, unless the Commission in its discretion directs that some or a portion of the hearing to be closed. 8023.2 All testimony at a hearing shall be under oat…

8024 RECOMMENDED AND FINAL DECISIONS 8024.1 The hearing officer shall submit a recommended decision to the Commission and the parties within sixty (60) days after the closing of the record. 8024.2 A recommended decision of a hearing officer shall contain: (a) Findings of fact; (b…

8025 STAY 8025.1 The Commission, on motion by a party or on its own initiative, may stay the imposition of an order pending appeal or reconsideration. 8025.2 Neither the filing nor the granting of a motion for reconsideration shall operate as a stay of a decision ordered by the C…

8026 REOPENING A HEARING 8026.1 Within fifteen (15) days after the date of service of a final decision, a party may file a motion to reopen a hearing, which the Commission may grant or deny in whole or in part in its discretion. The moving party shall serve a copy of the motion o…

8027 RECONSIDERATION 8027.1 Within fifteen (15) days after the date of the service of a final decision, a party may file a motion requesting that the Commission reconsider the final decision based on reasons of mistake, surprise, excusable neglect, newly discovered information, f…

8028 COMPUTATION OF TIME 8028.1 In computing a period of time specified in this chapter: (a) “Day” shall mean calendar day; (b) The day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holid…

8029 IMPLEMENTATION 8029.1 The Commission may issue one (1) or more handbooks setting forth administrative procedures, guidelines, and forms to be used to carry out the rules of this chapter. Source: Notice of Final Rulemaking published at 58 DCR 2424, 2456 (March 18, 2011).

8030 FEES 8030.1 A postsecondary degree granting educational institution may be assessed fees to achieve the purposes of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq.). 8030.2 All fees shall be paya…

8031 WAIVERS 8031.1 The Commission may for good cause waive in whole or in part one (1) or more of the requirements of this chapter in granting a license to a postsecondary degree granting educational institution; except, that the Commission may not waive a requirement of any sta…

8099 DEFINITIONS When used in this chapter, the following terms shall have the meanings ascribed. Agent - a person owning an interest in, employed by, or representing for remuneration, a postsecondary degree granting educational institution, whether such institution is located wi…

8100 GENERAL AUTHORITY; PURPOSE 8100.1 This chapter is promulgated pursuant to authority set forth in sections 6(b)(3) and 9 of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1306(b) through (e) and 38-1309 (2011 …

8101 APPLICABILITY AND EXCLUSIONS 8101.1 This chapter shall apply to all private, postsecondary non-degree schools, and their agents; which are required to be licensed by the Commission by D.C. Law 1-104, as amended, D.C. Code §§31-1601 et seq. (1993 Repl. Vol.). 8101.2 In genera…

8102 LICENSES 8102.1 The Commission shall license non-degree schools subject to this chapter which the Commission determines to be in compliance with the requirements of law and this chapter. 8102.2 The Commission shall award a license to every school which the Commission determi…

8103 STANDARDS FOR LICENSURE 8103.1 The standards for licensure of a school by the Commission are set forth in §§2204 through 2221 of this chapter. SOURCE: Final Rulemaking published at 37 DCR 6619, 6620 (October 19, 1990).

8104 INTEGRITY 8104.1 A school shall conduct its business with honesty and fair dealing with its employees, its students, the government and the public. 8104.2 A school shall comply with all applicable laws and regulations of the District of Columbia; with the conditions of any t…

8105 MISSION 8105.1 A school shall have a written statement which clearly describes its mission and purposes. The statement shall describe the goals of the school in regard to the instruction of students, specialized research and public service; and its point of view and any spec…

8106 CONTROL 8106.1 A school shall clearly delineate the responsibilities for control of the operation of the school and its programs, identifying the policies to be established, severally or jointly, by the following: (a) Its governing body; (b) The chief executive officer; (c) …

8107 ADMINISTRATION 8107.1 A school shall be adequately organized and administered to achieve its mission and goals. 8107.2 A school shall have the following: (a) An organization chart showing the principal subdivisions of the school and the title of the principal officer for eac…

8108 FINANCES 8108.1 A school shall have adequate financial resources to achieve its mission and goals. 8108.2 A school shall have the following: (a) Plans and arrangements for the medium and long term financial stability of the school; (b) Ultimate authority in the governing bod…

8109 INSTRUCTORS 8109.1 A school shall have a sufficient number of full-time teaching appointments to ensure continuity and stability of the educational program and to provide adequate educational association between students and faculty. 8109.2 Each instructor employed by the sc…

8110 INSTRUCTIONAL PROGRAM 8110.1 All courses in terms of content and length of instruction shall be of such nature and quality as to ensure reasonably that the students will adequately develop the job skills and knowledge necessary for obtaining employment in the occupation for …

8111 ADMISSION REQUIREMENTS 8111.1 A school shall have clearly delineated, fair and objective standards for admission of students. 8111.2 A school shall meet the following requirements for admission of students: (a) Every person admitted to instruction shall be a bona fide studen…

8112 RETENTION OF STUDENTS 8112.1 A school shall make reasonable efforts to assure that students admitted to instruction are retained until completion of the program for which admitted, so long as their conduct and academic progress are in compliance with the applicable rules of …

8113 JOB PLACEMENT 8113.1 A school shall maintain records of each student who obtains employment or advancement within a time period to be specified by the Commission as a result of instruction received at the school, and shall report its placement rate to the Commission as part …

8114 LIBRARY 8114.1 A school shall maintain a collection of books, periodicals, newspapers, teaching aids and other instructional materials adequate for the needs of the educational programs of the school. 8114.2 A school's collection of books, periodicals, newspapers, teaching a…

8115 PHYSICAL PLANT AND EQUIPMENT 8115.1 A school shall provide and maintain a physical plant with living and study conditions appropriate for the programs of study offered and for the size of faculty and student body. The physical plant shall provide a safe and secure environmen…

8116 CATALOG 8116.1 A school shall publish a bulletin or catalog no less than every two (2) years that includes the following information: (a) The name and address of the school; (b) Identifying data, such as catalog number and date of publication; (c) Names of owners and officer…

8117 STUDENT RECORDS 8117.1 A school shall maintain, for a minimum of five (5) years from completion, student records which shall include at least the following: (a) A copy of the enrollment contract and other instruments relating to the payment for educational services; (b) Stud…

8118 PUBLICITY AND ADVERTISING 8118.1 A school shall submit to the Commission, at the time of publication or use, copies of all advertising used by the school, including transcripts of radio and television commercials. Foreign language advertising shall be submitted accompanied b…

8119 REFUND POLICIES 8119.1 A school shall furnish to the Commission a schedule of its tuition and fees and its prepaid tuition plan and refund policy. 8119.2 A school shall provide each student a period of seventy-two (72) hours to rescind any contract and to receive a refund of…

8120 CREDIT TRANSACTIONS 8120.1 A school shall not use any contract provision, oral or written representation, or other device or means to deny or abridge the benefits of any applicable Federal or District law or regulation intended to protect consumers or credit purchasers. 8120…

8121 APPLICATION FOR INITIAL LICENSURE 8121.1 A school shall submit to the Commission an application for initial licensure in such form as the Commission may prescribe, and shall not begin offering instruction until a license to do so is issued by the Commission. 8121.2 An applic…

8122 APPLICATION FOR LICENSE RENEWAL 8122.1 No less than sixty (60) days prior to the expiration date of the license was issued, a licensee wishing to renew a license shall submit to the Commission an application for renewal of the license in such form as the Commission may requi…

8123 APPLICATION FOR LICENSE AMENDMENT 8123.1 A school licensed by the Commission shall submit an application for an amended license in a form determined by the Commission, whenever there is a change in ownership, locations subject to the license, certificates offered, or other c…