(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Private nonprofit institution of higher education” has the meaning stated in § 10–101(k) of this article.

(3)    “Public institution of higher education” means:

(i)    A public senior higher education institution; and

(ii)    A community college.

(b)    (1)    A president of a public institution of higher education may propose to establish a new program or abolish an existing program if the action:

(i)    Is consistent with the institution’s adopted mission statement under Subtitle 3 of this title; and

(ii)    Can be implemented within the existing program resources of the institution.

(2)    A president of a private nonprofit institution of higher education may propose to establish a new program if the action:

(i)    Is consistent with the mission statement published in the official catalog of the private nonprofit institution; and

(ii)    Can be implemented within the existing resources of the institution.

(3)    The president of a public institution of higher education shall report any programs that are proposed to be established or abolished in accordance with paragraph (1) of this subsection to:

(i)    The institution’s governing board; and

(ii)    The Maryland Higher Education Commission.

(4)    The president of a private nonprofit institution of higher education shall report any programs that are proposed to be established in accordance with paragraph (2) of this subsection to the Commission.

(5)    Upon receipt of a proposed new program, the Commission shall notify all other institutions of higher education in the State.

(c)    The governing board of a public institution of higher education shall:

(1)    Review the actions taken under subsection (b) of this section;

(2)    Ensure that any new program proposed to be established by a president:

(i)    Is consistent with the institution’s approved mission statement under Subtitle 3 of this title;

(ii)    Meets a regional or statewide need consistent with the Maryland State Plan for Postsecondary Education;

(iii)    Meets criteria for the quality of new programs, developed in consultation with the Commission; and

(iv)    Can be implemented within the existing program resources of the institution, verified by a process established in consultation with the Commission.

(d)    The Board of Regents of the University System of Maryland shall approve the proposed new program within 60 days if the program meets the criteria in subsection (c)(2) of this section, subject to the provisions of subsections (e) and (f) of this section.

(e)    Within 30 days of receipt of a notice of an institution’s intent to establish a new program in accordance with subsection (b) of this section, the Commission may file, or the institutions of higher education in the State may file with the Commission, an objection to implementation of a proposed program provided the objection is based on:

(1)    Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education and the mission statement published in the official catalog of a private nonprofit institution of higher education;

(2)    Not meeting a regional or statewide need consistent with the Maryland State Plan for Postsecondary Education;

(3)    Unreasonable program duplication which would cause demonstrable harm to another institution; or

(4)    Violation of the State’s equal educational opportunity obligations under State and federal law.

(f)    (1)    If an objection is filed under subsection (e) of this section by the Commission or an institution within 30 days of receipt of a notice of an institution’s intent to establish a new program, the Commission shall immediately notify the institution’s governing board and president.

(2)    The Commission shall determine if an institution’s objection is justified based on the criteria in subsection (e) of this section.

(3)    An objection shall be accompanied by detailed information supporting the reasons for the objection.

(4)    If the Commission determines that an objection is justified, the Commission shall negotiate with the institution’s governing board and president to modify the proposed program in order to resolve the objection.

(5)    If the objection cannot be resolved within 30 days of receipt of an objection, the Commission shall make a final determination on approval of the new program for a public institution of higher education or a final recommendation on implementation for a private nonprofit institution of higher education.

(g)    (1)    The Commission shall:

(i)    Identify programs established under subsection (b) of this section that are inconsistent with the State Plan for Higher Education; and

(ii)    Identify low productivity programs at public institutions of higher education.

(2)    If the Commission identifies any programs that meet the criteria set forth in paragraph (1) of this subsection, the Commission shall notify the president of the institution.

(3)    If the Commission notifies a president of an institution under paragraph (2) of this subsection, within 60 days the president of the institution shall provide to the Commission in writing:

(i)    An action plan to abolish or modify the program; or

(ii)    Justification for the continuation of the program.

(h)    The Commission and the governing boards of the public institutions of higher education shall jointly develop a definition and accepted criteria for determining low productivity programs.

(i)    The Commission shall:

(1)    Monitor the program development and review process established under this section;

(2)    Report annually to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the nature and extent of any duplication or proliferation of programs; and

(3)    Make available a copy of the report under item (2) of this subsection to the public institutions of higher education and the private nonprofit institutions of higher education.