Sec. 13b.02.03.28. Review by The Commission

A. Request for Review.

(1) Subject to the requirements of §B of this regulation, the Commission shall review a decision of the Secretary on a program proposal at the request of the president of an institution as provided in this section.

(2) If the Secretary disapproves or does not recommend a program, the president of the proposing institution may ask the Commission to review the Secretary’s decision.

(3) If the Secretary approves or recommends a program, the president of an institution that objected during the Secretary’s review within the time frames established by this chapter may ask the Commission to review the Secretary’s decision.

B. Prerequisites to Review.

(1) The Commission shall accept a request for review of a decision of the Secretary on a program proposal, if the requirements of this section are met.

(2) Within 10 days of the issuance of the Secretary’s decision, a president seeking the Commission’s review of that decision shall send a letter to the Secretary and the Commission chairperson notifying the Commission of its request for a review.

(3) Within 30 days of the issuance of the Secretary’s decision, a president seeking review shall submit to the Secretary and the Commission chairperson its full rationale in support of its position, including any relevant supporting data.

(4) Unless the Commission finds that an exigent circumstance prevented a president from meeting the requirements of this section, the Commission may not accept a request for review of a decision of the Secretary on a program proposal if the requirements of this section are not met.

C. Secretary and Staff Responsibility.

(1) Within 20 days of receipt of notice of the request for review, the Secretary or Commission staff shall submit to the Commission chairperson its rationale in support of the decision, including any relevant supporting data.

(2) A copy of the materials provided to the Commission shall be made available to any president seeking review.

D. Scheduling of Review Meeting.

(1) The Commission chairperson shall schedule a meeting to review the decision of the Secretary within 60 days of the issuance of the Secretary’s decision.

(2) If the Commission chairperson determines that there is sufficient time for the Commission to review the materials submitted under §§B and C of this regulation prior to the next regularly scheduled meeting, the review shall occur at that meeting.

(3) If the next regularly scheduled Commission meeting is scheduled more than 60 days after the issuance of the Secretary’s decision or if the Commission chairperson determines that there is insufficient time for the Commission to review the materials prior to the next regularly scheduled Commission meeting, the Commission chairperson shall convene a special meeting at an appropriate time within the 60-day time period.

(4) With the consent of the Secretary and the president seeking review, the Commission chairperson may schedule the review meeting outside of the 60-day time period.

E. Conduct of the Review Meeting.

(1) The Commission chairperson or the chairpersons’ designee shall preside over the meeting.

(2) Not later than 3 working days before the Commission meeting, the Secretary and any president who wishes to make a presentation in support of or in opposition to the Secretary’s decision shall inform the Commission chairperson of the name and title of each individual who will be speaking with or for them.

(3) The presentations shall include information, data, facts, and materials that clarify material contained in the original proposal or objection, and relate to the basis on which the program was approved or disapproved, or recommended or not recommended.

(4) The Secretary or president may provide the Commission with a written summary of the presentation and relevant documents.

(5) Any Commission member may ask questions during the presentations.

(6) If the number or length of the questions unreasonably consumes the time allotted in §§F and G of this regulation for any presentation, the Commission chairperson may grant a request for additional time if the chairperson deems it appropriate or necessary.

F. Conduct of the Meeting When a Proposing Institution Has Sought Review.

(1) When a President of a proposing institution has requested the review of the Secretary’s disapproval or non-recommendation of a program, the presentations shall follow the order and the time limits set forth in this section.

(2) The Secretary shall make the first presentation and explain the Secretary’s decision, including relevant supporting data. The Secretary may make the presentation alone or in combination with one or more others as determined by the Secretary.

(3) The president of the proposing institution shall explain the institution’s objections to the decision, including relevant supporting data. The president may make the presentation alone or in combination with one or more others as determined by the president.

(4) The Secretary and designees as determined by the Secretary may respond to the institution’s presentation.

(5) The president and designees as determined by the president may respond to the Secretary’s presentations.

(6) The Secretary shall have a total of 30 minutes for the Secretary’s presentation, and may divide the time between the initial and responsive presentations as the Secretary deems appropriate.

(7) The president shall have a total of 30 minutes for the proposing institution’s presentation, and may divide the time between the initial and responsive presentations as the president deems appropriate.

(8) The president of a proposing institution may select a chief executive officer of a segment as one of the presenter’s during the president’s 30 minute presentation.

(9) Presentation by Objecting Institution.

(a) Subject to the requirements of §E(2) of this regulation, a president of an institution that objected to the proposed program prior to the Secretary’s decision within the time frames established by this chapter may make a presentation to the Commission.

(b) The presentation shall be limited to 10 minutes, and shall be made after the proposing institution’s second presentation.

(c) The presentation shall be made by one or more individuals designated by the president, and may include the president and a chief executive officer of a segment.

(d) If more than one objecting institution is eligible to make a presentation, the Commission chairperson shall determine the order of the presentations and whether it would be helpful to the Commission to allow more than 10 minutes for all of the presentations.

G. Conduct of Meeting When an Objecting Institution Has Sought Review.

(1) When a president of an objecting institution has requested the review of the Secretary’s approval or recommendation of a program, the presentations shall follow the order and the time limits set forth in this section.

(2) The Secretary shall make the first presentation and explain the Secretary’s decision, including relevant supporting data. The Secretary may make the presentation alone or in combination with one or more others as determined by the Secretary.

(3) The president of the objecting institution shall explain the institution’s objections to the decision, including relevant supporting data. The president may make the presentation alone or in combination with one or more others as determined by the president.

(4) The Secretary and designees as determined by the Secretary may respond to the institution’s presentation.

(5) The president and designees as determined by the president may respond to the Secretary’s presentations.

(6) The Secretary shall have a total of 30 minutes for the Secretary’s presentation, and may divide the time between the initial and responsive presentations as the Secretary deems appropriate.

(7) The president shall have a total of 30 minutes for the presentation, and may divide the time between the initial and responsive presentations as the president deems appropriate.

(8) The president of an objecting institution may select a chief executive officer of a segment as one of the presenters during the president’s 30 minute presentation.

(9) When there is more than one objecting institution, the Commission chairperson shall decide the order of the presentations and whether it would be helpful to the Commission to allow more than 30 minutes for all of the presentations.

(10) Presentation by Proposing Institution.

(a) Subject to the requirements of §E(2) of this regulation, the president of the proposing institution may make a presentation to the Commission.

(b) The presentation shall be limited to 10 minutes, and shall be made after each objecting institution’s second presentation.

(c) The presentation shall be made by one or more individuals designated by the president, and may include the president and a chief executive officer of a segment.

H. Conduct of Meeting When Both the Proposing and an Objecting Institution Have Sought Review.

(1) If the Secretary disapproves or does not recommend a program and both the proposing and an objecting institution seek review, and objecting institution that has complied with the provisions of §§B and E(2)of this regulation may follow the procedures for the proposing institution set forth in §F of this regulation.

(2) The objecting institution’s presentations shall follow the proposing institution’s first and second presentations as set forth in §F(3) and (5) of this regulation.

(3) If more than one objecting institution has sought review, the Commission chairperson shall determine the order of the presentations.

I. Commission’s Decision.

(1) The Commission shall follow the procedures in this section in making its decision.

(2) Upon completion of the presentations, the Commission may adjourn to executive session as allowed by law to discuss the presentations and any relevant documentation submitted by the presenters.

(3) The Commission shall render a decision that is consistent with the requirements of this Chapter.

(4) After consideration, but not later than 10 working days after the review meeting, the Commission shall send a final written decision to the president with a copy to all presenting institutions, segments, and the Secretary.

(5) The decision of the Commission is final, and is not subject to reconsideration by the Commission or review by any administrative or judicial body.