5 CCR s 71455

Cal. Admin. Code tit. 5, s 71455

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 7.5. PRIVATE POSTSECONDARY EDUCATION
CHAPTER 2. DEGREE-GRANTING PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 4. VISITING COMMITTEES
This database is current through 02/02/07, Register 2007, No. 5
s 71455. Challenge to the Visiting Committee.

(a) The institution being evaluated shall be notified of the identity of
the members of the visiting committee at least 45 days before the visit.
The notice shall also include a description of the institution's right to
object to a committee member and the procedure for objection as provided
in this section.

(b) If the institution objects to the inclusion of any person in the
visiting committee, the institution may file a written objection with the
Director at least 10 days before the visiting committee is originally
scheduled to conduct its onsite inspection.

(c) An institution has a right to seek the disqualification of a visiting
committee member before the occurrence of the onsite inspection on any of
the following grounds:

(1) The committee member has inadequate academic or experiential
qualification.

(2) The committee member or his or her family has a financial
interest in, or is employed by, a competing institution which offers
or proposes to offer any of the educational programs offered or
proposed to be offered by the applicant institution.

(3) The committee member is biased. In order to establish that a
committee member is biased, the institution must document by written
evidence that the member is predisposed to give an unfavorable
recommendation.

(d) An institution seeking to disqualify a visiting committee member shall
submit copies of all evidence and argument on which it relies when the
written objection is filed.

(e) All evidence and argument shall be considered by the Director. The
Director shall make the final decision on the composition of the visiting
committee before the onsite inspection occurs. There shall be no oral
hearing or review of this decision. However, if the Director rejects the
objection, the institution may raise the grounds for disqualification in
any administrative proceeding that may be held after the inspection
occurs.

(f) If an institution has grounds under subdivision (c) to object to the
impaneling of a committee member before the occurrence of the onsite
inspection and fails to timely object, the institution permanently waives
the right to challenge the visiting committee's composition or report on
those grounds.

Note: Authority cited: Sections 94305 and 94337, Education Code.
Reference: Sections 94305 and 94310, Education Code.

HISTORY

1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register
92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-15-92
or
emergency language will be repealed by operation of law on the following
day.

2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on
2-3-93;
disapproved by OAL on 3-24-93 (Register 93, No. 14).

3. New section refiled 4-12-93 as an emergency; operative 4-12-93
(Register
93, No. 16). A Certificate of Compliance must be transmitted to OAL
8-10-93
or emergency language will be repealed by operation of law on the
following
day.

4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on
10-6-93;
disapproved by OAL on 11-22-93 (Register 93, No. 49).

5. New section refiled 11-17-93 as an emergency; operative 11-17-93
(Register
93, No. 47). A Certificate of Compliance must be transmitted to OAL by
5-16-
94 or emergency language will be repealed by operation of law on the
following
day.

6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with
amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).

5 CCR s 71455, 5 CA ADC s 71455
1CAC

5 CA ADC s 71455

END OF DOCUMENT