Alaska Admin. Code tit. 20, § 17.015 – Exemptions

(a) Except as provided in (d) of this section, the commission staff shall exempt from the authorization provisions of AS 14.48 and this chapter the following educational programs, and institutions providing only the following educational programs:
1. (1) a program sponsored by and conducted solely for the members of a bona fide trade, business, professional, labor, or fraternal organization that is maintained in good faith for purposes other than operating an educational institution;
2. (2) a program that does not offer educational credentials;
3. (3) a program that is continuing professional education offered solely as preparation for tests leading to certification in specific disciplines, but not purporting to provide occupational competencies;
4. (4) a program or institution that is operated by another state agency or political subdivision of the state;
5. (5) a program that is regulated by another agency or political subdivision of the state that sets and enforces standards equivalent to AS 14.48.060;
6. (6) a short course of study that is not more than 15 days or 120 hours in duration, including all required class, laboratory, externship, and independent study hours;
7. (7) a program that is provided without charging tuition or fees, except for the actual cost of materials and supplies needed to successfully meet the learning objectives of the program;
8. (8) a program that does not result in the awarding of a degree, and that is sponsored by and conducted solely for the membership of a bona fide religious organization;
9. (9) a flight-training course that maintains current certification under 14 C.F.R. Part 141 or 142;
10. (10) an apprenticeship or other on-the-job training program through which the trainee is a paid employee and does not pay tuition, and that is offered by an entity that is not a postsecondary educational institution;
11. (11) an online or distance delivered program that does not have a physical presence within the state.
(b) An institution that qualifies for exemption from authorization under (a)(l) - (10) of this section and that requires a certificate of exemption shall submit an application provided by the commission and pay the fee described in 20 AAC 17.055(a). The requested certification expires five years from the exemption certification date or when programs change from that which was described in the application for exemption. An application that qualifies for exemption from authorization under (a)(11) of this section shall submit an application provided by the commission and pay the fee described in 20 AAC 17.055(a). An institution that qualifies under (a)(11) of this section must reapply biennially and certify that the educational programs and institution continue to meet requirements for exempt status under this section.
(c) For the purposes of (a) of this section,
1. (1) a fraternal organization is a civic, service, or charitable organization in the state, not for pecuniary profit, that is a branch, lodge, or chapter of a national or state organization and exists for the common business, fellowship, or other interest of its members; the term does not include a college or high school fraternity;
2. (2) a labor organization is one, not for pecuniary profit, that is constituted to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employees;
3. (3) a trade, business, or professional organization is one, not for pecuniary profit, that is composed of persons all of whom are or were actively engaged in the same trade, business, or profession;
4. (4) a religious organization is one that is tax-exempt under 26 U.S.C. 501(c)(3) as a religious organization and that offers and provides postsecondary education solely in the form of religious training to persons who hold or seek to learn the particular religious faith or beliefs of that religious organization;
5. (5) a short course of study is one that
  1. (A) results in its own certificate or credential and is not part of a sequence of classes for which the institution of enrollment awards any program credential or certificate;
  2. (B) does not include a requirement that students register for or make a financial commitment to a longer program in addition to the individual class;
  3. (C) has documented vocational or academic transfer value as a standalone unit; and
  4. (D) is not advertised as leading to any professional credential or certification for which the certifying entity publishes a curriculum that exceeds 120 hours.
(d) An institution exempted under this section from some of the requirements of AS 14.48 and this chapter is not exempted from the requirements of AS 14.48.060(b), 14.48.130, 14.48.150, 14.48.170, and 14.48.180 - 14.48.210 and the regulations in this chapter that implement, interpret, or make specific those sections. An institution exempted from authorization requirements under (a)(1) or (8) of this section must include a conspicuous statement on marketing, admissions, enrollment materials, and certificates or diplomas setting out verbatim (a)(1) or (8) of this section, whichever is applicable, and informing that the institution is exempt from authorization requirements under AS 14.48 and this chapter. An institution exempt from authorization requirements under (a)(11) of this section must include a conspicuous statement on the institution's marketing in the state, indicating that the program is exempt from authorization under AS 14.48 and this chapter, because the program is online or distance delivered and the institution does not have a physical presence in the state.
(e) An institution exempted from authorization provisions of AS 14.48 and this chapter must retain the document required under AS 14.48.165(b) for a period of at least one year after the student's last date of attendance.
(f) Upon written application to the commission documenting that the applicant qualifies under this subsection, the commission staff shall exempt from 20 AAC 17.205 - 20 AAC 17.255 an institution that
(1) is regionally or nationally accredited; and
(2) is a branch campus of an out-of-state institution that is authorized to operate in its home state.
(g) The commission may request documentation of an institution's qualification for exemption from authorization under this chapter at any time.

(Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 1/30/87, Register 101; am 9/15/88, Register 107; am 3/25/90, Register 113; am 5/4/90, Register 114; am 10/11/95, Register 136; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 3/1/2002, Register 161; am 12/31/2005, Register 176; am 10/18/2007, Register 184; am 12/29/2010, Register 196; am 10/3/2011, Register 200; am 2/21/2014, Register 209; am 2/22/2015, Register 213; am 9/18/2022, Register 243)

Authority: AS 14.42.030, AS 14.48.030, AS 14.48.210, AS 14.48.020, AS 14.48.050