Maryland Education Section 11-202

      (a)      Except as provided in subsection (c) of this section, an institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission.

      (b)      The Commission shall issue a certificate of approval to an institution of postsecondary education if it finds that:

            (1)      The facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:

                  (i)      The purposes of the institution; and

                  (ii)      The programs, training, and courses to be offered by the institution; and

            (2)      The proposed programs to be offered by the institution meet the educational needs of the State.

      (c)      Subject to the requirements imposed by subsection (d) of this section, the following institutions of postsecondary education may operate without a certificate of approval from the Commission:

            (1)      A nonpublic institution of higher education operating under a charter granted by the General Assembly;

            (2)      A religious degree-granting institution which certifies, in accordance with procedures established by the Commission, that it:

                  (i)      Is founded and operated by a church or organization of churches as an integral part of the religious ministry of that church or organization;

                  (ii)      Offers sectarian instruction only designed for and aimed at persons who hold or seek to learn particular religious faiths or beliefs of churches or religious organizations, and provides only educational programs for religious vocations; and

                  (iii)      States on the diploma or degree the religious nature of the degree; and

            (3)      A church or other religious institution offering a postsecondary instructional program leading to a diploma or certificate only if designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of that church or religious organization, and providing only educational programs for religious purposes.

      (d)      (1)      (i)      Each institution of postsecondary education authorized to operate without a certificate of approval under subsection (c)(2) or (3) of this section shall submit, every 2 years, a financial statement compiled by an independent accountant employed by the institution to the Commission.

                  (ii)      These institutions of postsecondary education may not commence or continue to operate, do business, or function unless the Commission determines on the basis of the financial statement submitted by the institution under this section that the institution possesses adequate financial resources to support its educational program.

            (2)      (i)      The Commission shall adopt regulations establishing procedures and standards for the submission and evaluation of the reports and financial statements submitted by institutions of postsecondary education under this subsection.

                  (ii)      Any institution under subsection (c)(2) or (3) of this section denied the right to operate has the right to judicial review as provided by the Administrative Procedure Act.

      (e)      Nothing in this section precludes an institution of postsecondary education authorized under subsection (c)(2) or (3) of this section to operate without a certificate of approval from seeking certification from the Commission.

      (f)      (1)      If the Commission believes that an institution of postsecondary education that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, the Commission shall give the institution written notice of the specific deficiencies.

            (2)      Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Commission, and within 60 days of receipt of the request the Commission shall hold a hearing to determine if the certificate of approval should be issued.

            (3)      If, within 6 months from the date on which the application for certification was submitted to the Commission, the institution has received neither a certificate of approval under subsection (b) of this section nor written notice of deficiencies under this subsection, the institution may request within 20 days a hearing before the Commission to determine if the certificate of approval should be issued.

      (g)      (1)      Any institution of postsecondary education that is denied a certificate of approval by the Commission after a hearing granted under subsection (f) of this section has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.

            (2)      The decision of the Commission shall be presumed correct, and the institution has the burden of proving otherwise.

            (3)      The Commission shall be a party to the proceeding.