Guam § 44105 - Private Post-secondary Institutions: Certification.

§ 44105. Private Post-secondary Institutions: Certification.

(a) Each private post-secondary institution operating within the

Territory of Guam must obtain certification from the Council.

(b) Each certified institution is solely responsible for notifying the

Council in writing of the institution’s current mailing address and the

location of the institution. A certified institution’s failure to notify the

Council of a change of address constitutes a violation of this paragraph, and

may be disciplined by the Council. Notwithstanding any other provision of

law, service by regular mail to the last known address of record with the

Council constitutes adequate and sufficient notice for any official

communication to and by the Council.

(c) Provisional certification shall be granted to an applicant for initial

certification for a period not to exceed one (1) year when the Council

determines that the applicant is in substantial compliance with the standards

for certification. A provisional certification granted for initial certification

may be extended for up to one (1) additional year. A certified institution

that has undergone a substantive change, as defined by rule, must be granted

a provisional certificate for a period of time determined by the Council,

after which period the institution may apply for a different status. A

provisional certificate may include conditions required by the Council, and

all conditions must be met before the institution may receive a different

certification status.

(d) The Council shall ensure through an investigative process that

applicants for certification meet the standards as defined in rule. When the

investigative process is not completed within the time set out in rule and the

Council has reason to believe that the applicant does not meet certification

standards, the Council may issue a ninety- (90-) day certification delay,

which shall be in writing and sufficient to notify the applicant of the reason

for the delay.

(e) All materials submitted by an institution in its application for

approval or in response to a request by the Council for pertinent information

shall be subject to Chapter 10 of Title 5 of the Guam Code Annotated (the

Freedom of Information Act) and shall be available for public inspection in

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CH. 44 PRIVATE POST-SECONDARY INSTITUTIONS

accordance with the provisions of Guam law.