Sec. 13b.01.03.08. Hearings

A. Requests.

(1) If, within 45 days after timely submission of a report under Regulation .05 of this chapter, an institution has not received a determination or a statement of findings, the institution may request a hearing before the Commission to determine its classification.

(2) If, within 20 days after timely submission of a response to a statement of findings, an institution has not received a determination or a notice of deferral, the institution may request a hearing before the Commission to determine its classification.

(3) If the Secretary issues a determination that an institution will be classified as a for-profit institution of higher education, the institution may, within 20 days of receiving notice of the determination, request a hearing before the Commission to determine if the classification was made in an arbitrary or capricious manner.

B. A hearing requested under this regulation shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.

C. If, after a hearing, the Secretary’s determination is upheld or the institution is determined by the Commission to be a for-profit institution of higher education under Education Article, §10-101, Annotated Code of Maryland, the institution has the right to judicial review as provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.