(a) In establishing the criteria required by § 49-7-2005(a), the commission shall observe and require compliance with the following minimum standards:

(1) A postsecondary educational institution must be maintained and operated, or, in the case of a new institution, demonstrate that it can be maintained and operated, in compliance with the following minimum standards:

(A) The quality and content of each course or program of instruction, training or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered;

(B) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality;

(C) The education and experience qualifications of directors, administrators, supervisors and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study;

(D) The institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and other material facts concerning the institution and the program or course of instruction that are reasonably likely to affect the decision of the student to enroll in the institution, together with any other disclosures specified by the commission or defined in the rules and regulations, and that such information is provided to prospective students prior to enrollment;

(E) Upon satisfactory completion of training, the student is given appropriate educational credentials by the institution, indicating that the course or courses of instruction or study have been satisfactorily completed by the student;

(F) Adequate records are maintained by the institution to show attendance, progress or grades, and that satisfactory standards are enforced relating to attendance, progress and performance;

(G) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including rules and regulations adopted pursuant to the ordinances and laws, relative to the safety and health of all persons upon the premises;

(H) The institution is financially sound and capable of fulfilling its commitments to students;

(I) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type that are false, deceptive, misleading or unfair;

(J) [Deleted by 2016 amendment.]

(K) [Deleted by 2016 amendment.]

(L) The institution has a fair and equitable cancellation and refund policy; and

(M) No principal party involved in the applicant institution has ever been associated as a principal party, owner or administrator in any postsecondary educational institution that ceased operation with a resulting loss of time or money for enrollees in the institution; and

(2) An applicant for an agent's permit shall represent only postsecondary educational institutions lawfully authorized by the commission to operate in the state.

(b)

(1) For postsecondary educational institutions, accreditation by an accrediting agency recognized by the United States department of education may be accepted by the commission as evidence of compliance with the minimum standards established under this section and the criteria to be established under § 49-7-2005(a); provided, that the commission may require further evidence and make further investigation that in its judgment may be necessary.

(2) Accreditation by a recognized accrediting agency may be accepted as evidence of compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.