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Oregon Bulletin

August 1, 2012

Higher Education Coordinating Commission, Chapter 715

Rule Caption: Regarding the Procedural Rules for the higher Education Coordinating Committee.

Adm. Order No.: HECC 1-2012(Temp)

Filed with Sec. of State: 7-2-2012

Certified to be Effective: 7-2-12 thru 12-29-12

Notice Publication Date:

Rules Adopted: 715-001-0000, 715-001-0005, 715-001-0010

Subject: 715-001-0000 — Regarding Notice of Proposed Rule.

 715-001-0005 — Regarding Model Rules of Proposal.

 715-001-0010 — Regarding Establishing Fees for Public Records.

Rules Coordinator: Seth Allen—(503) 378-8213

715-001-0000

Notice of Proposed Rule

(1) Before permanently adopting, amending or repealing any rule, the Higher Education Coordinating Commission shall give notice of the proposed adoption, amendment or repeal:

(a) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted;

(b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Board’s mailing list established pursuant to ORS 183.335(8);

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule; and,

(d) By mailing or e-mailing a copy of the notice to persons, organizations and publications identified by the Commission and established educational, student and parent organizations that have submitted mailing or e-mailing addresses to the Board.

(2) Persons who wish to be placed on the Higher Education Coordinating Commission’s mailing or e-mailing list may request in writing or by e-mail that the Board send to the person copies of its notice of proposed rulemaking.

(3) The Commission may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Commission sends the request, the Commission will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

Stat. Auth.: ORS 183.335 & 183.341(4)
Stats. Implemented: ORS 183.335
Hist.: HECC 1-2012(Temp), f. & cert. ef. 7-2-12 thru 12-29-12

715-001-0005

Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Higher Education Coordinating Commission adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Education Investment Board.]

Stat. Auth.: ORS 183.335 & 183.341(4)
Stats. Implemented: ORS 183.335
Hist.: HECC 1-2012(Temp), f. & cert. ef. 7-2-12 thru 12-29-12

715-001-0010

Establishing Fees for Public Records

(1) The Higher Education Coordinating Commission may charge a fee of 25 cents per page for supplying copies of public records on request.

(2) The Commission may charge an additional fee reasonably calculated to provide reimbursement for actual costs incurred in summarizing, compiling, or tailoring the public records to make them available for inspection, and for costs of conveying such records to the requester. Employee time required for such purposes shall be billed at a rate not to exceed cost of employee time to the Commission. The Commission may include the cost for time spent by an attorney for the Commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records.

(3) No additional fee will be charged for providing records in an alternative format to individuals with vision or hearing impairments when required by the Americans with Disabilities Act.

(4) The Chair of the Higher Education Coordinating Commission or designee, or a person designated by the chair of the Commission, may reduce or waive fees when:

(a) The time spent making the records available was negligible;

(b) Supplying the requested records is within the normal scope of Commission activity; or,

(c) Supplying the public records is in the public interest because making the record available primarily benefits the general public.

Stat. Auth.: 2011 OL Ch. 519, Sec. 1 & ORS 192.440
Stats. Implemented: ORS 192.440
Hist.: HECC 1-2012(Temp), f. & cert. ef. 7-2-12 thru 12-29-12


 

Rule Caption: Regarding rules for the Higher Education Coordinating Committee.

Adm. Order No.: HECC 2-2012(Temp)

Filed with Sec. of State: 7-3-2012

Certified to be Effective: 7-3-12 thru 12-30-12

Notice Publication Date:

Rules Adopted: 715-010-0005, 715-010-0010, 715-010-0020

Subject: 715-010-0005 — Regarding implementing Oregon Revised Statutes (ORS) 348.594 to 348.615 and 348.992 for the purpose of ensuring the quality of higher education offered to Oregon students.

 715-010-0010 — regarding delegating the duties, functions, and powers of the Higher Education Coordinating Committee.

 715-010-0020 — Regarding Establishing Fees for Public Record.

Rules Coordinator: Seth Allen—(503) 378-8213

715-010-0005

Implementing ORS 348.594 to 348.615 and 348.992

This rule implements Oregon Revised Statutes (ORS) 348.594 to 348.615 and 348.992 for the purpose of providing for the protection of the citizens of Oregon and their post-secondary schools by ensuring the quality of higher education offered to Oregon students and preserving the integrity of an academic degree as a public credential. The term “manager” as used in this rule means the employee in the position of responsibility for managing the programs and activities implemented by the aforementioned laws and these rules.

Stat. Auth.: ORS
Stats. Implemented: ORS
Hist.: HECC 2-2012(Temp), f. & cert. ef. 7-3-12 thru 12-30-12

715-010-0010

Delegating the duties, functions, and powers of the Higher Education Committee

(1) This rule is for the purpose of delegating the duties, functions, and powers of the Higher Education Coordinating Commission with respect to degree authorization, degree validation, and review of new academic programs under ORS 348.594 to 348.615 and 348.992 to the manager of these programs and activities.

(a) Degree authorization shall be the responsibility of the manager, who shall have final authority with regard to:

(A) Authorization of post-secondary schools to offer academic degree programs (under Oregon Administrative Rules 583-030);

(B) Authorization of approved degree-granting schools to offer academic programs leading to a certificate or diploma;

(C) Termination of any activities related to higher education by an education entity not authorized to offer degrees and post-secondary academic programs in Oregon and ineligible for exemption from authorization under Oregon statutes.

(b) Degree validation under OAR 583-050 shall be the responsibility of the manager, who shall have final authority with regard to:

(A) Validation of claims of degree possession and determination of appropriate degree use under Oregon law;

(B) Termination of substandard or fraudulent degree activities;

(C) Termination of activities of diploma mills operating in or from Oregon;

(D) Termination of any operation in or from Oregon of post-secondary accrediting bodies that are not recognized by the United States Department of Education;

(c) Review of proposed new publicly-funded post-secondary programs and locations (under OAR 583-040) shall be staffed by the manager. The commission will remain the final authority for approval or disapproval of any proposed post-secondary program or location that is the subject of an adverse inter-segmental impact claim. The functions and services under the responsibility of the manager include:

(A) Notification and dissemination of new publicly-funded academic program proposals to private colleges and career schools,

(B) Mediation between private and public post-secondary institutions to resolve issues related to claims of adverse impact,

(C) Offering recommendations to the proposing and responding schools or their governing boards, and

(D) Mediation between the boards governing the involved schools.

(E) If the manager is unable to resolve all issues, it is the responsibility of the manager to furnish all pertinent information and provide recommendations to the commission to support continuation of negotiations with the involved boards and the commission’s determination of approval or disapproval.

Stat. Auth.: ORS
Stats. Implemented: ORS
Hist.: HECC 2-2012(Temp), f. & cert. ef. 7-3-12 thru 12-30-12

715-010-0020

Establishing Fees for Public Record

A fee may be imposed on any school or person requesting services or information from the commission pertaining to the administration of its functions under ORS 348.594 to 348.615. The amount of the fee shall be established by the manager to recover designated expenses incurred by the commission in carrying out the administration of ORS 348.594 to 348.615. Any fees collected by the commission, for services that are the responsibility of the manager shall be deposited in the Degree Authorization Account established under ORS 348.601 and used exclusively for purposes directly related to the duties and functions of the commission under the authority of the manager as delegated by the commission.

Stat. Auth.: ORS
Stats. Implemented: ORS
Hist.: HECC 2-2012(Temp), f. & cert. ef. 7-3-12 thru 12-30-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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