Cal. Code Regs. tit. 5, § 76245
Closure Date Selection and Automatic Termination of Approval to Operate.
Effective Jan 1, 2025Register 2024, No. 44Authority cited: Sections 94877 and 94885, Education Code. Reference: Sections 94874.5, 94926, 94926.5, 94927, 94927.5 and 94940, Education Code.State of California
- (a) If the Bureau believes an institution has closed without notifying the Bureau of a date of closure, the Bureau shall send a notice to the mailing address of the institution, and to the physical address of the institution's agent for service of process.
(b) The notice referenced in subsection (a) shall:
- (1) Request a response from an authorized representative, signed under penalty of perjury and sent to the Bureau at the email address or mailing address prescribed in section 76240(a), to be received within 30 calendar days of the date indicated on the notice, to either confirm that the institution has not closed and is operating as a private postsecondary educational institution, or confirm that the institution has closed and provide a closure date; and
- (2) Inform the institution that if the Bureau does not receive a response to the notice within 30 calendar days of the date of the notice, the Bureau will select the date 31 calendar days after the date the notice was sent as the institution's closure date and that the institution's approval to operate will automatically terminate on that date; and
(3) Notify the institution that the institution may appeal the Bureau's selection of a date of closure by sending a written request to the Bureau for a hearing, at the email address or mailing address prescribed in section 76240(a), no later than 60 calendar days after the date on the Bureau's notice.
- (A) The proceedings under this subsection shall be conducted in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, as requested by the institution.
Note: Authority cited: Sections 94877 and 94885, Education Code. Reference: Sections 94874.5, 94926, 94926.5, 94927, 94927.5 and 94940, Education Code.
History
1. New section filed 10-31-2024; operative 1-1-2025 (Register 2024, No. 44).