ORS 348.608
Certification by exempt school

  • suspension or revocation of exemption
  • appeal

(1)

Each year, on a date prescribed by the Higher Education Coordinating Commission, a school that obtains an exemption under ORS 348.604 (Exemption from ORS 348.594 to 348.615) or a school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees with approved titles in theology or religious occupations, shall submit to the Higher Education Coordinating Commission a statement that reads: “(Name of School) hereby certifies that the school remains in compliance with all conditions for a religious exemption from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure).”

(2)

A school that obtains an exemption under ORS 348.604 (Exemption from ORS 348.594 to 348.615) or a school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees with approved titles in theology or religious occupations remains exempt unless the Higher Education Coordinating Commission suspends or revokes the exemption.

(3)

The Higher Education Coordinating Commission may suspend or revoke an exemption if:

(a)

After the notice and opportunity to cure provided in subsection (4) of this section, a school fails to provide the statement required by subsection (1) of this section;

(b)

The commission has received a complaint from a student or former student of the school that the school is failing to comply with a condition for exemption under ORS 348.604 (Exemption from ORS 348.594 to 348.615), the commission determines that the complaint is valid, the school has been provided with notice and opportunity to cure as required by subsection (4) of this section and the school fails to comply with the condition listed in the notice; or

(c)

After the notice and opportunity to cure provided in subsection (4) of this section, a school is in violation of ORS 348.605 (Restrictions and duties of exempted schools).

(4)

The Higher Education Coordinating Commission shall provide notice of and 90 days to cure a school’s:

(a)

Failure to provide the statement required by subsection (1) of this section;

(b)

Failure to maintain compliance with a condition for exemption under ORS 348.604 (Exemption from ORS 348.594 to 348.615) if the commission has received a complaint from a student or former student of the school that the school is failing to comply with a condition for exemption under ORS 348.604 (Exemption from ORS 348.594 to 348.615) and the commission has determined the complaint is valid; or

(c)

Violation of ORS 348.605 (Restrictions and duties of exempted schools).

(5)

A school may appeal the denial, suspension or revocation of an exemption to the Higher Education Coordinating Commission.

(6)

A school may appeal the Higher Education Coordinating Commission’s decision that a faculty member does not possess sufficient compensatory qualifications to substitute for an academic degree in the field in which the faculty member teaches.

(7)

The Higher Education Coordinating Commission shall conduct an appeal under this section as a contested case under ORS chapter 183.

(8)

Intentionally left blank —Ed.

(a)

If a school appeals the denial, suspension or revocation of an exemption and the Higher Education Coordinating Commission upholds the denial, suspension or revocation, the commission shall provide the school 90 days to cure the grounds for the denial, suspension or revocation. If the school does not cure the grounds for the denial, suspension or revocation within 90 days after the commission upholds the denial, suspension or revocation, then the denial, suspension or revocation becomes effective 90 days after the issuance of the decision on the appeal by the commission.

(b)

If a school does not appeal the denial, suspension or revocation of an exemption to the commission and the school does not cure the grounds for the denial, suspension or revocation within the period of time to appeal the decision to the commission, then the denial, suspension or revocation becomes effective upon the expiration of the period of time to appeal. [2005 c.546 §5; 2011 c.353 §4; 2011 c.637 §185; 2013 c.747 §122; 2016 c.30 §9]
Note: See second note under 348.597 (Applicability of ORS 348.594 to 348.615).

Source: Section 348.608 — Certification by exempt school; suspension or revocation of exemption; appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors348.­html.

348.005
Policy on student financial aid
348.007
Financial aid eligibility for students with modified or extended diplomas
348.015
Definitions
348.017
Requirements for contracts between post-secondary institutions of education and third party financial firms for disbursement and management of financial aid funds
348.100
Student loan information provided to students enrolled in institutions of higher education
348.105
Loan obligations enforceable against minor
348.180
Definitions
348.183
Legislative intent
348.205
Oregon Opportunity Grant program
348.250
Procedure for awarding grants under ORS 348.260
348.260
Oregon Opportunity Grant
348.263
Award of moneys from Oregon Opportunity Grant program to reward student persistence and encourage degree completion
348.266
Opportunity Grant Fund
348.267
Marketing of tax credit
348.268
Scholarships for current or former members of National Guard
348.270
Scholarships for children of public safety officers
348.272
Scholarships for current or former foster children
348.280
Award of scholarships under ORS 348.270 and 348.272
348.290
Financial aid to study barbering, hairdressing, manicure and esthetics
348.295
Scholarships for culturally and linguistically diverse teacher candidates
348.303
Scholars for a Healthy Oregon Initiative
348.394
Definitions for ORS 348.394 to 348.406
348.398
Department of Education authority
348.401
Grant eligibility
348.403
Stipend eligibility
348.406
Speech-Language Pathologist Training Fund
348.440
Definitions for ORS 348.444 and 348.448
348.444
Nursing Faculty Loan Repayment Program
348.448
Program eligibility
348.470
Legislative findings
348.500
Purpose
348.505
“Financial aid” defined
348.511
Office of Student Access and Completion
348.520
Duties of director
348.530
Powers
348.560
Staff
348.563
Authority of Higher Education Coordinating Commission to require fingerprints
348.570
Funds in State Treasury
348.576
STEM Fund
348.580
Agreements with community foundations
348.582
Definitions
348.584
Provision of information about affordability and value of institutions of higher education
348.586
Prohibited promotional activities for institutions of higher education
348.590
Continuous appropriation of certain funds
348.592
Loan cancellation insurance
348.594
Definitions for ORS 348.594 to 348.615
348.596
Purpose of ORS 348.594 to 348.615
348.597
Applicability of ORS 348.594 to 348.615
348.601
Degree Authorization Account
348.603
Duties of commission relating to degree authorization and nondegree programs
348.604
Exemption from ORS 348.594 to 348.615
348.605
Restrictions and duties of exempted schools
348.606
Prohibition on conferring or offering of degree before approval obtained
348.607
Fee for exemption application
348.608
Certification by exempt school
348.609
Representation of possession of academic degree
348.612
Probation or suspension or revocation of approval
348.613
Bond or letter of credit requirement for schools approved to confer academic degree
348.615
Appeal procedure
348.616
Minimum criteria for certification of employer program
348.618
Requirements for program certification application
348.621
Requirements for tax credit certification application
348.696
Education Stability Fund
348.702
Oregon Growth Account
348.716
Oregon Education Fund
348.748
Short title
348.750
Definitions
348.751
Textbook affordability plan
348.752
Coordination of OER Program
348.756
Report on OER Program
348.757
Designation of courses whose materials consist of open or free textbooks or other low-cost course materials
348.900
Needs assessment for health care occupations
348.910
Applied baccalaureate degrees
348.950
Education Commission of the States
348.992
Criminal penalty
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