 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 409. DEGREE-GRANTING INSTITUTIONS
|
|
Title 20-A - §10701. Definitions
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10701. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1981, c. 693, §§5, 8 (new).]
1. Academic credit. "Academic credit" means credit hours or some equivalent measure which may be awarded and which are applicable toward a degree.
[1981, c. 693, §§5, 8 (new).]
2. Degree. "Degree" means a document of achievement at the associate level or higher conferred by a post-secondary educational institution
authorized to confer that degree in its home state. It includes educational, academic, literary or professional degrees.
It also includes associate, baccalaureate, masters or doctoral degrees.
[1981, c. 693, §§5, 8 (new).]
3. Educational institution. "Educational institution" means any person, partnership, board, association, institution or corporation other than the University
of Maine System and the Maine Community College System that offers academic, educational, literary or professional courses
or programs.
[1991, c. 563, §3 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 563,
§3
(AMD).
PL 2003,
Ch. 20,
§OO2
(AMD).
PL 2003,
Ch. 20,
§OO4
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10702. Use of name "junior college," "college" or "university"
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10702. Use of name "junior college," "college" or "university"
An educational institution may use the term "junior college," "college" or "university" in connection with its operation or
use any other name, title or descriptive matter which might tend to indicate that it is an institution of higher learning
with the authority to confer degrees, only if it:
[1981, c. 693, § § 5, 8 (new).]
1. Temporary approval. Is operating under a license or certificate of temporary approval from the state board in accordance with section 10703;
or
[1981, c. 693, § § 5, 8 (new).]
2. Authorization. Has authorization to confer degrees in accordance with sections 10704 and 10704-A.
[1987, c. 395, Pt. A, § 81 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A81
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10703. Temporary approval to use the name "junior college," "college" or "university"
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10703. Temporary approval to use the name "junior college," "college" or "university"
1. Power. The state board may grant an applicant a certificate of temporary approval, permitting use of the term "junior college,"
"college" or "university" in its name until the earlier of:
A. The expiration of the academic year; or
[1981, c. 693, § § 5, 8(new) .]
B. The applicant is authorized by the Legislature to grant degrees in accordance with section 10704.
[1981, c. 693, § § 5, 8(new) .]
[1981, c. 693, § § 5, 8(new) .]
2. Extensions and renewals. The state board may extend or renew a certificate of temporary approval for not more than 2 years.
[1981, c. 693, § § 5, 8(new) .]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10704-A. Authority to confer additional degrees
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10704-A. Authority to confer additional degrees
An educational institution initially authorized by the Legislature to offer certain degrees under section 10704 may offer
additional degrees with the approval of the state board.
[1987, c. 395, Pt. A, § 83 (new).]
Section History:
PL 1987,
Ch. 395,
§A83
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10704. Initial authority to confer certain degrees
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10704. Initial authority to confer certain degrees
An educational institution may confer certain degrees if it has been granted initial authority under an Act of the Legislature.
[1987, c. 395, Pt. A, § 82 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A82
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10705. Courses for credit
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10705. Courses for credit
An educational institution may offer courses or programs for academic credit only if:
[1981, c. 693, § § 5, 8 (new).]
1. Authority. It has been authorized under sections 10704 and 10704-A to grant degrees;
[1987, c. 395, Pt. A, § 84 (amd).]
2. State board authority. It has been given temporary authority by the state board to use the name "junior college," "college" or "university;" or
[1981, c. 693, § § 5, 8 (new).]
3. Out-of-state institution. It is:
A. Located in another state; and
[1981, c. 693, § § 5, 8 (new).]
B. Authorized by the state board to offer courses for academic credit.
[1981, c. 693, § § 5, 8 (new).]
div>
An educational institution may offer courses or programs for academic credit if it offers coordinated courses or programs
in conformity with section 10706.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A84
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10706. Coordinated courses
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10706. Coordinated courses
An educational institution may offer courses or programs for academic credit which are coordinated with a Maine degree-granting
educational institution and which have been approved by the state board.
[1981, c. 693, § § 5, 8(new) .]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10707. Applications
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10707. Applications
1. Degree-granting authority. Applications for authority to grant degrees shall be made on application to the state board on forms provided by the commissioner.
[1987, c. 395, Pt. A, § 85 (amd).]
2. Temporary use of name. Applications for temporary state board authority to use the name "junior college," "college" or "university" shall be made
to the state board on forms provided by the commissioner.
[1981, c. 693, § § 5, 8(new).]
3. Courses for academic credit. Applications by out-of-state educational institutions to offer courses for academic credit shall be made to the state board
on forms provided by the commissioner.
[1981, c. 693, § § 5, 8(new).]
4. Coordinated programs. Applications to offer coordinated programs shall be made to the state board on forms provided by the commissioner.
[1981, c. 693, § § 5, 8(new).]
5. Exempt status. Applications for exempt status under section 10708, subsection 2, shall be made to the commissioner.
[1981, c. 693, § § 5, 8(new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A85
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10708. Exemptions
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10708. Exemptions
This chapter does not apply to educational institutions which:
[1981, c. 693, §§5, 8(new) .]
1. Prior to September 18, 1981. Have specific degree-granting authority granted to them by the Legislature prior to September 18, 1981;
[1981, c. 693, §§5, 8(new) .]
2. Federal reservations. Offer programs or courses that are conducted solely on a federal reservation over which the Federal Government has exclusive
jurisdiction. The commissioner shall authorize exempt status under this subsection;
[2005, c. 85, §1 (amd).]
3. Noncredit courses. Offer courses or programs that are not for academic credit; and
[2005, c. 85, §1 (amd).]
4. Religious, nonpublic, educational institution. Meet the following criteria.
A. The educational institution must be substantially owned, operated or supported by a bona fide church or religious organization.
[2005, c. 85, §2 (new).]
B. The educational programs of the educational institution must be primarily designed for, aimed at and attended by persons
who seek to learn the particular religious faith or beliefs of the church or religious organization under paragraph A.
[2005, c. 85, §2 (new).]
C. The programs under paragraph B must be intended to prepare students to assume leadership positions in, or enter into some
other vocation closely related to, the particular faith of the church or religious organization under paragraph A.
[2005, c. 85, §2 (new).]
The exemption under this subsection does not apply to any educational institution that represents to any student or prospective
student that the major purpose of its program is to prepare the student for a vocation not closely related to the particular
religious faith of the educational institution or to provide the student with a general educational program substantially
equivalent to the educational programs offered by schools or departments or branches of schools that are not exempt from this
section. Any educational institution receiving an exemption under this subsection must inform all applicants of its exempt
status in writing and must prominently display the following statement on all written materials, including, but not limited
to, any electronic materials, made available to potential applicants or to the general public: "Pursuant to the Maine Revised
Statutes, Title 20-A, section 10708, subsection 4, this institution is not required to obtain authorization from either the
State Board of Education or the Maine State Legislature in order to: (1) use the name "junior college," "college" or "university,"
(2) offer courses or programs for academic credit or (3) confer degrees."
[2005, c. 85, §2 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 2005,
Ch. 85,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10709. Penalties
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10709. Penalties
Any educational institution conferring degrees within the State or offering courses or programs within the State that carry
academic credit without being authorized or approved to do so in accordance with this chapter is subject to a civil penalty
of not more than $5,000, payable to the State, to be recovered in a civil action.
[1991, c. 548, Pt. A, §14 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 548,
§A14
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10710. Rules
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10710. Rules
The state board shall, in accordance with section 3, adopt rules necessary to carry out the purposes of this chapter.
[1981, c. 693, § § 5, 8(new) .]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10711. Prohibition
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10711. Prohibition
The authority of an educational institution to confer degrees may not be sold, transferred, assigned or given as collateral.
Any purported sale, transfer, assignment or encumbrance of this authority is void.
[1991, c. 563, §4 (new).]
Section History:
PL 1991,
Ch. 563,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10712. Termination of degree-granting authority
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10712. Termination of degree-granting authority
The authority of an educational institution to confer degrees terminates upon determination by the state board that any of
the following has occurred:
[1991, c. 563, §4 (new).]
1. Discontinuance of instruction. The substantial discontinuance of instruction by the educational institution;
[1991, c. 563, §4 (new).]
2. Sale of stock. The sale, exchange or other transfer of all or a substantial part of the voting stock of an educational institution;
[1991, c. 563, §4 (new).]
3. Sale or lease of assets. The sale, exchange, lease or other transfer of all or a substantial part of the assets of an educational institution; or
[1991, c. 563, §4 (new).]
4. Merger; consolidation; reorganization. The merger or consolidation of the educational institution with any other entity, or the reorganization of the educational
institution, including, but not limited to, reorganization in bankruptcy.
[1991, c. 563, §4 (new).]
div>
Upon termination of its degree-granting authority pursuant to this section, an educational institution may apply to the state
board pursuant to section 10703 for a certificate of temporary approval to use the term "junior college," "college" or "university"
in its name.
[1991, c. 563, §4 (new).]
Section History:
PL 1991,
Ch. 563,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10713. Investigations; hearings
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10713. Investigations; hearings
1. Investigations. Whenever the state board believes that an event, transaction or condition within the scope of section 10712 may have occurred
or may exist, it may conduct an investigation which may include, but is not limited to, an examination of the educational
institution by a visiting committee convened by the state board for that purpose. As part of an investigation conducted under
this subsection, the state board has the power to subpoena and examine under oath educational institutions, their trustees,
directors, officers and employees, lenders, creditors and investors, together with their records, books and accounts. Any
member of the state board may sign investigative subpoenas and administer oaths to witnesses. The state board may also require
the educational institution to provide other written information relevant to the subject matter of the investigation in the
format prescribed by the state board. The Superior Court has jurisdiction upon complaint filed by the state board to enforce
any subpoena or request for other written information issued under this subsection.
[1991, c. 563, §4 (new).]
2. Hearings. Before making any of the determinations authorized by section 10712, the state board shall give the educational institution
an opportunity for a hearing pursuant to Title 5, chapter 375, subchapter IV.
[1991, c. 563, §4 (new).]
Section History:
PL 1991,
Ch. 563,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10714. Application; retroactivity
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 409: DEGREE-GRANTING INSTITUTIONS
§10714. Application; retroactivity
1. Application. Sections 10711 to 10713 apply to all educational institutions having degree-granting authority on or after the effective
date of those sections, except that sections 10711 to 10713 do not apply to any educational institution if the action taken
under those sections constitutes an impairment of contract that violates the United States Constitution, Article 1, Section
10, Clause 1.
[1991, c. 563, §4 (new).]
2. Retroactivity. Any transaction described in section 10711 or 10712 occurring on or after December 4, 1990, is subject to sections 10711
to 10713.
[1991, c. 563, §4 (new).]
Section History:
PL 1991,
Ch. 563,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
|
|
|
|
