1. (a) Unless renewed, an approval to operate shall expire at 12 midnight on the last day of the institution's term of approval as granted pursuant to section 94890(b) of the Code.
2. (b) An institution seeking to renew its Approval to Operate pursuant to section 94890 of the Code shall complete and submit to the Bureau an application with the requirements of this section.

3. (c) The application for renewal of an approval to operate for an accredited institution shall include all of the following:

   1. (1) The name, institution/school code and website address of the institution.
   2. (2) The mailing address, identified either by physical address or by post office box number, telephone number and fax number of the institution.
   3. (3) The name, address, email address, telephone number and fax number of an individual who will function as the institution's contact person for the purposes of the application.

   4. (4) The name, title and address of each person, as defined in section 94855 of the Code, who owns or controls 25% or more of the stock or an interest in the institution and, to the extent applicable, each general partner, officer, corporate director, member of the board of directors, and any other person who exercises substantial control over the institution's management or policies. For the purpose of this paragraph, a person exercises “substantial control over the institution's management or policies: if the person has th authority to cause the institution to expend money or incur debt in the amount of five thousand dollars ($5,000) or more in any year.

      1. (A) For each address required, the institution shall provide a physical home address, and may request that the address, email address, and telephone number, of each person described in paragraph (4) be maintained as personal information.
      2. (B) The federal employer identification number for partnerships or the social security number for individual owners identified in the application.
4. (d) In addition to the form required in (b), the institution shall submit the appropriate renewal fee as provided in Section 94930.5(b)(3) of the Code to the Bureau, and verification that its accreditation has been renewed by its accreditation agency.

5. (e) The institution demonstrates its continued capacity to meet the minimum operating standards by submitting the application signed and dated, and each fact stated therein and each attachment thereto declared to be true under penalty of perjury, as follows:

   1. (1) Signatories shall sign with original or digital signatures:

      1. (A) Each owner of the institution, or each partner in a partnership, or
      2. (B) If the institution is incorporated, the chief executive officer or president of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
      3. (C) If the institution is a nonprofit corporation or a public institution, by the chief executive officer or president.

   2. (2) The declaration shall be in the following form:

      “I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.

      (Date)

      (Signature)”

   3. (3) The application will include the date signed, the name and title of each signor of the application.
6. (f) Provided that a complete renewal application under CCR section 71480 is received by the Bureau on or before 30 calendar days after the expiration of the approval, a valid approval to operate shall continue until the Bureau has acted upon the renewal application. If a complete renewal application under CCR section 71480 is not received by the Bureau on or before 30 calendar days after expiration of the approval to operate, the institution's approval to operate shall terminate by operation of law on the 31^st calendar day after the expiration of the approval to operate. An institution continuing to operate more than 30 calendar days beyond expiration will be subject to citation for operating without approval.
7. (g) An incomplete application filed under this section will render the institution ineligible for renewal.

Note: Authority cited: Sections 94803, 94890 and 94891, Education Code. Reference: Sections 94802, 94889, 94890 and 94930.5, Education Code.

History

1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.

2. New section refiled with amendments 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (a), (d) and (f), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).

4. Amendment of subsections (b) and (e)(1)-(e)(1)(C) filed 8-1-2024; operative 10-1-2024 (Register 2024, No. 31).

5. Repealer of subsections (f)-(h), new subsection (h), subsection relettering and amendment of Note filed 5-20-2025; operative 7-1-2025 (Register 2025, No. 21).