2015 ORS § 348.608¹
Certification by exempt school
  • suspension or revocation of exemption
  • appeal

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This section is amended
Effective January 1, 2017
Relating to higher education; creating new provisions; and amending ORS 348.511, 348.582, 348.594, 348.597, 348.608, 350.075, 350.290 and 458.685.

(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 Executive Director of the Office of Student Access and Completion 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 executive director suspends or revokes the exemption.

(3) The executive director 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 executive director 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 executive director 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 executive director shall provide notice of and 90 days to cure a schools:

(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 executive director 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 executive director 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 executive director.

(6) A school may appeal the executive directors 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 executive director shall conduct an appeal under this section as a contested case under ORS chapter 183.

(8)(a) If a school appeals the denial, suspension or revocation of an exemption and the executive director upholds the denial, suspension or revocation, the executive director 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 executive director 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 executive director.

(b) If a school does not appeal the denial, suspension or revocation of an exemption to the executive director 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 executive director, 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]

Note: See note under 348.597 (Applicability of ORS 348.594 to 348.615).