85-2412. Application; review; grant of authorization; terms and conditions; term; renewal; modifications to existing recurrent authorization; application; new campus; public hearing.

(1) Except as otherwise provided in this section, after review of an initial application for a recurrent authorization to operate, including any further information submitted by the applicant as required by the commission and any investigation of the applicant as the commission may deem necessary or appropriate, the commission shall grant or deny the application for an initial recurrent authorization to operate. A grant of an initial recurrent authorization to operate may be on such terms and conditions as the commission may specify. Such authorization shall be for a five-year period unless the commission determines that a shorter period of time is appropriate based on the standards established pursuant to section 85-2406.

(2) After review of an application to renew a recurrent authorization to operate which shall include any further information submitted by the applicant as required by the commission and any investigation of the applicant as the commission may deem necessary or appropriate, the commission shall grant or deny the application. Renewal of a recurrent authorization to operate may be on such terms and conditions as the commission may specify. Such authorization shall be for a five-year period unless the commission determines that a shorter renewal period is appropriate based on the standards established pursuant to section 85-2406.

(3) If an institution has, for at least twenty academic years under the same ownership, continuously offered one or more graduate or four-year undergraduate programs with a physical presence in Nebraska in compliance with state and federal law, the institution may request authorization to operate on a continuing basis. After review of the request which shall include any further information submitted by the applicant as required by the commission and any investigation of the institution as the commission may deem necessary or appropriate, the commission shall grant authorization to operate on a continuing basis unless the commission determines that an additional recurrent authorization to operate is appropriate based on the level of compliance with the standards established pursuant to section 85-2406.

(4) Except as otherwise provided in this section, modifications, as defined by the commission in rules and regulations, to an existing recurrent authorization to operate, but not to an authorization to operate on a continuing basis, shall require an application to the commission. After review of the application, including any further information submitted by the applicant as required by the commission and any investigation of the applicant as the commission may deem necessary or appropriate, the commission shall grant or deny the application. Approval of the application may be on such terms and conditions as the commission may specify. Such recurrent authorization to operate shall replace the existing recurrent authorization to operate and shall be for a five-year period unless the commission determines that a shorter period of time is appropriate based on the standards established pursuant to section 85-2406.

(5) If an application for an initial recurrent authorization to operate or a modification to an existing recurrent authorization to operate includes a request to establish a new campus in this state, as defined by the commission in rules and regulations, the commission shall hold a public hearing. The hearing shall be scheduled following a completed review of the application for a recurrent authorization to operate or the modification of a recurrent authorization to operate, including any further information submitted by the applicant as required by the commission and any investigation of the applicant as the commission may deem necessary or appropriate, and shall be conducted according to the Administrative Procedure Act. After the public hearing, the commission shall grant or deny the application. A grant of a recurrent authorization to operate or the modification of a recurrent authorization to operate may be on such terms and conditions as the commission may specify. Such authorization or modification shall be for a five-year period unless the commission determines that a shorter period of time is appropriate based on the standards established pursuant to section 85-2406.

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