Section 1540-01-02-.06 - MINIMUM STANDARDS FOR AUTHORIZATION(1) Institutions authorized to operate or seeking authorization in Tennessee must meet the minimum standards for authorization stated in the Act and these rules. Commission staff shall verify that an institution meets minimum standards for authorization through review of applications, registration requests, and certifications.(2) No out-of-state institution will be considered for authorization if it is not authorized or exempt from authorization in the state where it is primarily located.(3) In relation to the size and scope of the institution, it shall furnish adequate student services and resources to fulfill the mission and claims of the institution. Such services must have staff available to students with the knowledge and skills in areas such as: academic standing and satisfactory progress, admissions, employment opportunities or placement, intern/externships, library, and financial aid.(4) Administrative capability must be demonstrated in the daily operational standards at the institution. Administrative capability is the ongoing effective operation of the institution such that the institution is able to comply with and, as applicable, coordinate federal, state and accreditation requirements in a positive and educationally enriching environment to the benefit of students. Indicators of a lack of administrative capability include: reoccurring violations in the same area, numerous student complaints during the year, failure to correct compliance issues, frequent or sudden turnover in faculty or staff, instances where a principal party has been or is involved with a postsecondary educational institution that ceased or ceases operation resulting in a loss of time or money for enrollees or prospective students or that had or has its institutional authorization to operate in a state revoked, or multiple findings in several different areas.(5) Institution Name: (a) An institution's name may not duplicate another institution name or mislead potential students in violation of fair consumer practices or suggest guaranteed employment, completion, or other outcomes.(b) An institution may not use the word "university" in its name unless the institution meets the definition of university in these rules and is accredited.(c) An institution may use the word "college" in its name without a qualifier if the institution: 1. Meets the definition of college as set forth in the Act and these rules;2. Has been approved by an accrediting body recognized by the U.S. Department of Education to offer degree level programs; and3. Offers or is seeking approval to offer at least one (1) degree program.(d) An unaccredited or non-degree granting postsecondary educational institution may use the word "college" in its name as long as the institution meets the definition of college as provided for in the Act and these rules and the name contains an appropriate qualifier, such as career, vocational, or Bible. For institutions authorized after October 1, 2016, the qualifier shall precede the word college.(6) In the event that an institution seeks authorization and Commission staff is aware of an outstanding complaint against the institution, the institution must resolve the complaint to the satisfaction of Commission staff before an Initial Authorization Application will be reviewed.Tenn. Comp. R. & Regs. 1540-01-02-.06
Original rule filed March 26, 1974; effective April 24, 1974. Amendment filed August 7, 1978; effective November 29, 1978. Repeal and new rule filed May 15, 1985; effective July 1, 1985. Repeal and new rule filed January 24, 1990; effective May 1, 1990. Amendment filed December 15, 1992; effective March 31, 1993. Repeal and new rule filed June 24, 1998; effective October 28, 1998. Amendment filed June 6, 2008; declared void and of no effect pursuant to Davidson County Chancery Court's October 2011 order. See also Attorney General Opinion 11-78. Amendments filed April 1, 2013; to have been effective September 28, 2013. However, a petition for a rulemaking hearing was filed June 26, 2013. The Tennessee Higher Education Commission filed a withdrawal of the rule on July 26, 2013. Emergency rules filed August 15, 2016; effective October 3, 2016 through April 1, 2017. Repeal and new rules filed December 21, 2016; effective March 21, 2017. Emergency rules filed June 29, 2022; effective July 1, 2022 through December 28, 2022. Amendments filed September 30, 2022; effective 12/29/2022.Authority: T.C.A. §§ 49-7-2002, 49-7-2004, 49-7-2005, 49-7-2006, 49-7-2007, and 49-7-2008.