1. (a) Off-Campus Operations.

   1. (1) A nonexempt institution may not operate a branch campus.
   2. (2) A private postsecondary institution must be approved by the Board to operate a branch campus, extension center, or other off-campus unit in Texas, except as noted in §7.5(a) of this chapter (relating to Standards for Operation of Institutions).
   3. (3) An institution with off-campus offerings that approach the scale of a branch campus, extension center, or other off-campus unit, as defined in §7.3 of this chapter (relating to Definitions), must submit to the Board a description of its plans, including such information as requested on an application form, to be furnished by the Board upon request.
   4. (4) On receipt of an acceptable application and the application fee for initial review of a branch campus or extension center listed in §7.7(c) of this chapter (relating to Certificate of Authority), the Commissioner may authorize the institution to begin operations at the branch campus, on a temporary basis, pending a formal review and evaluation.

   5. (5) Formal Review and Evaluation.

      1. (A) Accreditor's on-site review and evaluation. If the applicant institution is accredited by a recognized accrediting agency, it shall inform its recognized accreditor of the institution's temporary authorization from the Board to begin operations, as provided in paragraph (4) of this subsection, so that the accreditor may conduct a site visit at the branch campus or extension center to verify compliance with that accreditor's criteria for branch campuses.

         1. (i) An exempt institution shall submit to the Board the report of the recognized accreditor's review and evaluation.
         2. (ii) After examining the report of the recognized accreditor concerning an exempt institution, the Commissioner may issue continuing approval, place conditions on continuing approval, or revoke the Board's temporary authorization of the branch campus or extension center.
         3. (iii) Final approval by the accreditor of an exempt institution must be made within two (2) years of the initial approval by the Commissioner, or the Board's temporary authorization will lapse.
         4. (iv) If the accreditor denies approval of an exempt institution, the Board's temporary authorization shall immediately expire.

      2. (B) Board's on-site review and evaluation. If the accreditor does not conduct an on-site review and evaluation of the branch campus or extension center or the institution is non-exempt, the Board will conduct an office review and, if deemed necessary, an on-site review and evaluation to determine whether the branch complies with the Board's standards of operations.

         1. (i) The Board may invite the recognized accrediting agency for the institution to provide representation, to accompany the visiting team, and to supply comments.
         2. (ii) If an on-site review is conducted, the institution shall be assessed the fee for an on-site survey to a branch campus or extension center, as provided in §7.7(c) of this chapter.
         3. (iii) The institution shall be sent the report of the Board's review and evaluation and shall have thirty (30) days to submit a written response to the report.
         4. (iv) After examining the report of review and evaluation and the institution's written response, the Commissioner may issue continuing approval, place conditions on continuing approval, or revoke the Board's temporary approval of the branch campus or extension center.
   6. (6) The Board requires reviews, including site visits, of an exempt branch campus or extension center according to the schedule used for accreditation of the main campus by the recognized accreditor. The review will be conducted in the same manner as described in paragraph (5) of this subsection. The Commissioner may deny continuing approval of any branch campus or extension site which fails to maintain the conditions and standards on which approval was based.
   7. (7) In the event of any adverse determination made under the authority of this section by the Commissioner, the institution shall receive notice of the determination, and shall be given the reasons for the denial in writing.
   8. (8) If a determination under this section is adverse to an institution, it shall become final and binding unless, within forty-five (45) days of receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).

2. (b) Standards for Off-Campus Operations at Exempt Institutions. The standards for operations of an institution as set forth in §7.5 of this chapter apply with the following additions:

   1. (1) Administration of the Branch Campus. There shall be an appropriate and effective administrative structure between the main campus and the off-campus unit.
   2. (2) The character, education, and experience in higher education of the local administrators shall be such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study. Local faculty must have the same degree of separation and independence from the administration that faculty on the main campus enjoy.

3. (c) Occasional Courses, Changes of Level at Exempt Institutions, and Out-of-State Public Institutions.

   1. (1) Occasional Courses. A private institution may offer occasional degree-credit courses at off-campus sites in Texas without prior approval of the Board. Nonexempt private institutions must submit an annual report to the Board listing any new such courses added that year.
   2. (2) Changes of Level for Exempt Private Institutions. An institution which is exempt by accreditation from a recognized agency and which has established stability by being so accredited for the previous ten years and which wishes to expand to a different degree level not covered by its existing accreditation shall, by submission of a letter to the Commissioner outlining the degree or degrees to be offered at the higher level, be granted state authorization to seek accreditation at the higher level with the recognized accrediting agency. If the recognized accrediting agency does not extend accreditation to the higher level or if the institution has not been accredited for ten or more years, the institution may seek a certificate of authority under the procedures listed in §7.7 of this chapter.
   3. (3) Out-of-State Public Postsecondary institutions. An out-of-state public institution of higher education as defined in §7.3 of this chapter (relating to Definitions) must have approval of the Board to offer a course or a grouping of courses within the State of Texas (Texas Education Code, Chapter 61, Subchapter H). The institution must submit a description of its plans prior to offering courses, including information requested on an application form furnished by the Board. The application will be subject to review under the procedures listed in §7.7 of this chapter.

Source Note:The provisions of this §7.10 adopted to be effective May 27, 2008, 33 TexReg 4134.