The following institutions shall not be subject to the jurisdiction of the higher education commission (HEC):

1. (a) Institutions of the university system of New Hampshire pursuant to RSA 187-A, and the community college system of New Hampshire pursuant to RSA 188-F;
2. (b) An in-state institution which has been in continuous operation since before 1775; and

3. (c) Out-of-state institutions with no physical presence in New Hampshire that:

   1. (1) Are non-profit members of The National Council for State Authorization Reciprocity Agreements (NC-SARA) offering credit-bearing courses, programs, or degrees exclusively by online computer delivery, even if the institution has online instructors residing in this state if those instructors do not physically meet with students;
   2. (2) Send recruiters to college fairs or advertise in this state;
   3. (3) Partner with an approved New Hampshire institution that provides credit to New Hampshire college and university students; or
   4. (4) Contract with a New Hampshire entity that develops curriculum or instructional materials.

Source. #10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23