N.H. Code Admin. R. Ann. Hedc — Higher Education Commission (See RSA 21-N:8-a, II, pursuant to 2013, 164:1, effective 6-28-13.)

Chapter Hedc 100 Organization of the Agency

Part Hedc 101 Definitions

N.H. Code Admin. R. Ann. Hedc 101.01 Definitions {#sec-hedc-101.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 101.01}

(a) “Commission” means the higher education commission (HEC) established in RSA 21-N:8-a.

(b) “Director” means the director of the division of educator support and higher education at the New Hampshire department of education, or designee.

(c) “Physical presence” means an actual physical location for instructional purposes, maintaining an administrative office, including a mailing address or phone number, or face-to-face advising, mentoring, supervision, testing, or instruction taking place in New Hampshire.

(d) “The national council for state authorization reciprocity agreements (NC-SARA)” means the entity which governs reciprocity agreements between member states, territories, and districts of the United States of America (US), permitting member institutions in member states, territories, and districts of the US to offer online educational programs without requiring separate approvals.

History

#14402, eff 10-15-25

Part Hedc 102 Description of the Agency

N.H. Code Admin. R. Ann. Hedc 102.01 Purpose {#sec-hedc-102.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 102.01}

The commission shall make rules and exercise regulatory powers in accordance with RSA 21-N:8-a, II(e) governing institutions of higher education and private postsecondary career schools, except those noted as excluded pursuant to RSA 187-A and RSA 188-F.

History

#14402, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 102.02 Structure {#sec-hedc-102.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 102.02}

(a) The commission shall consist of members appointed pursuant to RSA 21-N:8-a, II(a).

(b) The commission shall have a chair and vice-chair, each elected for a 2-year term, with one being a representative of a nonpublic institution.

(d) The vice-chair shall assume the responsibilities of the chair in the chair’s absence.

(e) If both the chair and the vice-chair are absent, the director shall serve as the chair pro-tempore.

(f) The vice-chair shall assume the position of the chair upon the conclusion of the chair’s term, or upon vacancy of the position by the chair.

History

#14402, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 102.03 Meetings {#sec-hedc-102.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 102.03}

(a) The commission shall meet at least 2 times per year.

(b) Emergency meetings shall be called by the chair in accordance with RSA 91-A:2, II and III(b).

(d) Meetings of the commission shall follow the provisions of RSA 91-A and Robert’s Rules of Order.

(e) Items requested to be placed on the meeting agenda by any individual shall be in writing to the chair and vice-chair for consideration, and shall meet the following requirements:

(1) The nature of the business and appropriate background information shall be included with each separate item; and

(2) Requests shall reach the commission no later than 2 weeks prior to the date of the meeting at which said items are to be considered.

(f) Exceptions to the procedure in (e) above shall be made when, in the opinion of the chair or a quorum of the commission, the facts warrant such an exception.

History

#14402, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 102.04 Office Location and Mailing Address, Telephone Number, and Website {#sec-hedc-102.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 102.04}

(a) The commission’s office location and mailing address is:

Higher Education Commission

New Hampshire Department of Education

25 Hall Street

Concord, New Hampshire 03301

(b) The commission’s telephone number is (603) 271-0257.

History

#14402, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 102.05 Public Access to Records {#sec-hedc-102.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 102.05}

(a) Pursuant to RSA 91-A:4, members of the public may inspect and copy those records of the commission, including meeting minutes, which are public records and not exempt from disclosure under RSA 91-A:5 or other applicable law.

(b) Public records shall be inspected and copied at the office of the commission at the location stated in Hedc 102.04(a) during regular business hours.

(c) Persons desiring copies of public records shall reasonably describe the information being sought and pay the actual cost of the copies.

(d) If records are requested which contain both public and confidential information, the commission shall delete the confidential information and provide the remaining information.

APPENDIX

Rule

Specific State Statute the Rule Implements

Hedc 100

RSA 541-A:16, I(a); RSA 21-N:8-a

History

#14402, eff 10-15-25

Chapter Hedc 200 Rules of Practice and Procedure

Part Hedc 201 Purpose and Applicability

N.H. Code Admin. R. Ann. Hedc 201.01 Purpose {#sec-hedc-201.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 201.01}

The purpose of this chapter is to provide rules of practice and procedure for the conduct of adjudicative proceedings in contested cases. The commission has adopted these rules for the purpose of establishing an orderly procedure for acquiring sufficient information to make fair and reasoned decisions. The provisions of these rules are intended to supplement the procedures established by RSA 541-A and procedures established under any statute relating to the commission conducting the hearing.

History

#14403, eff 10-15-25

Part Hedc 202 Definitions

N.H. Code Admin. R. Ann. Hedc 202.01 Definitions {#sec-hedc-202.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 202.01}

(a) “Appearance” means a written notification to the commission that a party or a party’s representative intends to actively participate in a hearing.

(b) “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

(c) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

(d) “Natural person” means a human being.

(e) “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III.

(f) “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.”

(g) “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV, namely, “that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

(h) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

History

#14403, eff 10-15-25

Part Hedc 203 Presiding Officer; Withdrawal and Waiver of Rules

N.H. Code Admin. R. Ann. Hedc 203.01 Presiding Officer; Appointment; Authority {#sec-hedc-203.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 203.01}

(a) All hearings shall be conducted for the commission by a natural person appointed or authorized to serve as a presiding officer.

(b) A presiding officer shall as necessary:

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Issue subpoenas to compel the attendance of witnesses at hearings or the production of documents, if so authorized by law;

(5) Receive relevant evidence at hearings and exclude irrelevant, immaterial, or unduly repetitious evidence;

(6) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(7) Question any person who testifies;

(8) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(9) Take any other action consistent with applicable statutes, rules, and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 203.02 Withdrawal of Presiding Officer or Member of the Commission {#sec-hedc-203.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 203.02}

(a) Upon their own initiative or upon the motion of any party, a presiding officer or member of the commission shall, for good cause, withdraw from any hearing.

(b) Good cause shall exist if a presiding officer or member of the commission:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that they have prejudged the facts of a case; or

(3) Personally believes that they cannot fairly judge the facts of a case.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 203.03 Waiver or Suspension of Rules by Presiding Officer {#sec-hedc-203.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 203.03}

The presiding officer, upon the presiding officer’s own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate, and efficient resolution of issues pending before the commission than would adherence to a particular rule or procedure.

History

#14403, eff 10-15-25

Part Hedc 204 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Hedc 204.01 Date of Issuance or Filing {#sec-hedc-204.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 204.01}

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the commission on the actual date of receipt by the commission, as evidenced by a date stamp placed on the document by the commission in the normal course of business.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 204.02 Format of Documents {#sec-hedc-204.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 204.02}

(a) All correspondence, pleadings, motions, or other documents filed under these rules shall:

(1) Include the title and docket number of the proceeding, if known;

(2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Hedc 204.03.

(b) A party’s or representative's signature on a document filed with the commission shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information, and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 204.03 Delivery of Documents {#sec-hedc-204.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 204.03}

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions, or other documents issued by the presiding officer or commission shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the commission by the party.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

History

#14403, eff 10-15-25

Part Hedc 205 Time Periods

N.H. Code Admin. R. Ann. Hedc 205.01 Computation of Time {#sec-hedc-205.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 205.01}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday, or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday, or legal holiday.

History

#14403, eff 10-15-25

Part Hedc 206 Motions

N.H. Code Admin. R. Ann. Hedc 206.01 Motions; Objections {#sec-hedc-206.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 206.01}

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

(d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

History

#14403, eff 10-15-25

Part Hedc 207 Notice of Hearing; Appearances; Pre-Hearing Conferences

N.H. Code Admin. R. Ann. Hedc 207.01 Commencement of Hearing {#sec-hedc-207.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 207.01}

A hearing shall be commenced by an order of the commission giving notice to the parties as required by Hedc 207.03.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 207.02 Docket Numbers {#sec-hedc-207.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 207.02}

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the commission.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 207.03 Notice of Hearing {#sec-hedc-207.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 207.03}

A notice of a hearing issued by the commission shall contain the information required by RSA 541-A:31, III, namely:

(a) A statement of the time, place, and nature of any hearing;

(b) A statement of the legal authority under which a hearing is to be held;

(d) A short and plain statement of the issues presented; and

(e) A statement that each party has the right to have an attorney represent them at their own expense.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 207.04 Appearances and Representation {#sec-hedc-207.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 207.04}

A party or the party’s representative shall file an appearance that includes the following information:

(a) A brief identification of the matter;

(b) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 207.05 Prehearing Conference {#sec-hedc-207.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 207.05}

Any party may request, or the presiding officer shall schedule on their own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; or

(g) Any other matters which aid in the disposition of the proceeding.

History

#14403, eff 10-15-25

Part Hedc 208 Intervention

N.H. Code Admin. R. Ann. Hedc 208.01 Intervention {#sec-hedc-208.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 208.01}

(a) A non-party may intervene in a matter pending before the commission under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the presiding officer shall grant the motion for intervention.

(c) Except as limited by the presiding officer under RSA 541-A:32, III, an intervenor shall be entitled to participate in a hearing as a party.

History

#14403, eff 10-15-25

Part Hedc 209 Postponement Requests and Failure to Attend Hearing

N.H. Code Admin. R. Ann. Hedc 209.01 Postponements {#sec-hedc-209.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 209.01}

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include:

(1) The unavailability of parties, witnesses, or attorneys necessary to conduct the hearing;

(2) The likelihood that a hearing will not be necessary because the parties have reached a settlement; or

(3) Any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time, and place are known at the time of the hearing that is being postponed, the date, time, and place shall be stated on the record. If the later date, time, and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time, and place of the postponed hearing as soon as practicable.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 209.02 Failure to Attend Hearing {#sec-hedc-209.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 209.02}

If any party to whom notice has been given in accordance with Hedc 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and shall either:

(a) Dismiss the case, if the party with the burden of proof fails to appear; or

(b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

History

#14403, eff 10-15-25

Part Hedc 210 Requests for Information or Documents

N.H. Code Admin. R. Ann. Hedc 210.01 Voluntary Production of Information {#sec-hedc-210.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 210.01}

(a) Each party shall attempt in good faith to make complete and timely responses to requests for the voluntary production of information or documents relevant to the hearing.

(b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Hedc 210.02.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 210.02 Motions to Compel Production of Information {#sec-hedc-210.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 210.02}

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such notice is issued less than 30 days in advance of the hearing.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 210.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits {#sec-hedc-210.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 210.03}

At least 5 days before the hearing, the parties shall exchange a list of all witnesses to be called at the hearing with:

(a) A brief summary of their testimony;

(b) A list of all documents or exhibits to be offered as evidence at the hearing; and

History

#14403, eff 10-15-25

Part Hedc 211 Record, Proof, Evidence, and Decisions

N.H. Code Admin. R. Ann. Hedc 211.01 Record of the Hearing {#sec-hedc-211.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.01}

(a) The commission shall record the hearing by tape recording or other method that will provide a verbatim record.

(b) If any person requests a transcript of the taped record, the commission shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.02 Standard and Burden of Proof {#sec-hedc-211.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.02}

The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.03 Testimony; Order of Proceeding {#sec-hedc-211.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.03}

(a) Any person offering testimony, evidence, or arguments shall state for the record their name and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.

(b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call; and

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.04 Evidence {#sec-hedc-211.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.04}

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) All documents, materials, and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, or legally privileged.

(c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

(d) Transcripts of testimony and documents or other materials admitted into evidence shall be public records, unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.05 Proposed Findings of Fact and Conclusions of Law {#sec-hedc-211.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.05}

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.06 Closing the Record {#sec-hedc-211.06 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.06}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Hedc 211.07.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.07 Reopening the Record {#sec-hedc-211.07 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.07}

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence, or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 211.08 Decisions {#sec-hedc-211.08 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 211.08}

(a) A member of the commission shall not participate in making a decision unless they personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness, and the record provides a reasonable basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a quorum of the commission who are to render a final decision, the presiding officer shall submit to the commission a written proposal for decision containing a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by a member of the commission is adverse to a party to the proceeding other than the commission itself, the commission shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the commission.

(d) A proposal for decision shall become a final decision upon its approval by the commission.

(e) The commission shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal.

History

#14403, eff 10-15-25

Part Hedc 212 Motion for Rehearing

N.H. Code Admin. R. Ann. Hedc 212.01 Purpose {#sec-hedc-212.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 212.01}

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the commission prior to appealing the decision.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 212.02 Applicability {#sec-hedc-212.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 212.02}

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 212.03 Filing and Content of Motion {#sec-hedc-212.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 212.03}

(a) A motion for rehearing shall be filed within 30 days of the date of a commission decision or order.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the commission’s decision to be unlawful, unjust, or unreasonable, or illegal in respect to jurisdiction, authority, or observance of the law, an abuse of discretion, or arbitrary unreasonable or capricious;

(3) State concisely the factual findings, reasoning, or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 212.04 Standard for Granting Motion for Rehearing {#sec-hedc-212.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 212.04}

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the commission’s decision is unlawful, unjust, or unreasonable.

(b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the commission’s decision is illegal in respect to jurisdiction, authority, or observance of law, an abuse of discretion or arbitrary, unreasonable, or capricious.

History

#14403, eff 10-15-25

N.H. Code Admin. R. Ann. Hedc 212.05 Decision on Motion for Rehearing {#sec-hedc-212.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 212.05}

The commission shall grant or deny a motion for rehearing or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

APPENDIX

Rule

Statute

Hedc 200

RSA 541-A:16, I(b); RSA 541-A:30-a

History

#14403, eff 10-15-25

Chapter Hedc 300 Office of Career School Licensing

Part Hedc 301 Applicability

N.H. Code Admin. R. Ann. Hedc 301.01 Career Schools Under Commission Jurisdiction {#sec-hedc-301.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 301.01}

These rules shall apply to schools under the higher education commission jurisdiction, including any school undergoing an acquisition, merger, or transfer or sale of assets, except for those career schools identified in RSA 188-G:1, II.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

Part Hedc 302 Definitions

N.H. Code Admin. R. Ann. Hedc 302.01 Definitions {#sec-hedc-302.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 302.01}

Terms as defined in RSA 188-G:1 shall be utilized in these rules in addition to the following:

(a) “Accrediting agency” means an accrediting agency that is recognized by the United States Secretary of Education;

(b) “Applicant” means a person, board, association, partnership, corporation or other entity seeking authorization to operate a school or provide occupational instruction qualifying an individual for employment. In the case of an application by a subsidiary of a corporation, the applicant includes the parent corporation;

(c) “Annual gross tuition” means the total amount collected for tuition by the school for its applicable vocational courses and programs during its most recently completed fiscal year;

(d) “Attorney General” means the NH department of justice;

(e) “Branch” means a separate organizational subdivision of a school located at a different facility and geographical site than the main campus and which has administrative functions;

(f) “Business to business” means the contractual agreement between the school, business or entity in which payment is made directly to the school by the business or agency;

(g) “Course” means a sequence of units of instruction in a given subject area which may be a component of a program or may lead to a certificate;

(h) “Curriculum” means the academic content taught in a specific program or course;

(i) “Method of delivery” means how academic curriculum is delivered to students, including, but not limited to, classroom, online distance learning, clinical, internship, externship, simulation, and home study;

(j) “Program” means a sequence of courses, over a period of time, which leads to a certificate;

(k) “Satellite” means an additional location away from the main licensed campus without an administrative function;

(l) “School” for the purposes of this chapter means licensed career school;

(m) “School closure” means a school exiting New Hampshire, closing its doors, or changing programs making it exempt from career school licensing rules; and

(n) “Teach-out” means the continuation of instruction to complete the program or course whenever the school discontinues operations.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

Part Hedc 303 Licensure

N.H. Code Admin. R. Ann. Hedc 303.01 Initial License Criteria {#sec-hedc-303.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 303.01}

(a) In order to receive a 2-year license to operate a private postsecondary career school, prior to soliciting students for enrollment, said school shall:

(1) Be reviewed and have an on-site visit conducted by the office of career school licensing (office) to determine if all standards are met as specified in Hedc 303.03-303.04;

(2) Provide proof of registration with the New Hampshire secretary of state;

(3) Complete and file an “Initial Licensure Application” form, June 25, 2018, at least 90 days prior to advertising or beginning instruction, and includes:

a. The school’s purpose and mission or a copy of the bylaws;

b. Administrative responsibilities and authority documented in an organizational chart;

c. A description of credentialing requirements for faculty, if applicable, and a statement assuring that the faculty meets those requirements, including, but not limited to:

Age requirements;
Years of experience either in the field, teaching, or both; and
Hold and maintain current, valid, state permits or licenses required to practice the trade being taught

d. A description of facilities used for educational instruction which, upon inspection, shall be of a size which is determined to be adequate and conducive to learning and contain all equipment, furnishings, and supplies necessary for the instruction of the program(s) or course(s) offered;

e. A facility safety plan; and

f. All applicable inspection reports, to include, at a minimum, a report from the local fire chief or the state fire marshal’s office;

(4) Remit a licensure fee as specified in Hedc 304.06; and

(5) Receive an approval letter from the commissioner of education.

(b) In the event of a change to any of the information listed in Hedc 303.01(a)(1)-(3), the school shall provide the following to the office 30 days prior to the change:

(1) An explanation of the change;

(2) Any fee associated with the change as specified in Hedc 304.06; and

(3) Documentation to support the school’s notification of change, as outlined in Hedc 303.01.

(c) Any change shall be subject to review or on site visit by the office within 15 business days of receipt of the change documentation as listed in Hedc 303.01(b).

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 303.02 Renewal Application {#sec-hedc-303.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 303.02}

Every 2 years an applicant seeking license renewal shall complete and submit a “License Renewal Application” form, June 25, 2018, along with the school’s annual filing fee in accordance with Hedc 304.06 at least 90 days prior to the expiration of the current license. Such renewal application shall comply with all criteria set forth in Hedc 303.01.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 303.03 Educational Program {#sec-hedc-303.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 303.03}

(a) Each program or course shall:

(1) Reflect and support the purpose and mission of the school;

(2) Provide a sequence of subjects or courses leading to competency in the respective area or field of study;

(3) Allow students to receive instruction in all subjects for the number of instructional hours as advertised in the school's catalog; and

(4) Define and measure the knowledge, skills, and competencies students have acquired as aligned with their school’s policies and procedures.

(b) Alternative delivery, as defined in RSA 188-G:1(a), instruction or hybrid formats shall comply with all program and course standards listed in Hedc 303.03(a) and faculty qualifications listed in Hedc 303.01(a)(3)c.

(c) The school shall notify the office of new methods of delivery, courses, and programs by providing the office with the information listed in Hedc 304.01 30 days prior to publishing in the school catalog, on the school’s website, or both.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18 (formerly Hedc 304.03)

N.H. Code Admin. R. Ann. Hedc 303.04 Annual Filing {#sec-hedc-303.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 303.04}

(a) For the purposes of calculating a school’s licensing fee, as well as assurance that a school has the financial resources to operate, a school shall complete and submit an “Annual Filing Form”, June 25, 2018, 45 days prior to the school’s annual filing date.

(b) The school shall provide the following on the “Annual Filing Form”, as revised, June 25, 2018:

(1) Name of school;

(2) A signed annual gross tuition statement, as defined in Hedc 302.01(c); and

(3) A signed assurance statement by an officer of the school.

(c) A school shall submit notarized proof of surety indemnification in the form of a bond, an irrevocable letter of credit, or a term deposit pursuant to RSA 188-G:3.

(d) The office shall conduct a financial review if the office has reason to believe:

(1) The school’s financial status has changed;

(2) The financial information submitted is incorrect; or

(3) There is cause to question the financial status of the school.

(e) A school shall remit an annual renewal licensure fee in accordance with the fee schedule in Hedc 304.06.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

Part Hedc 304 Business Practices

N.H. Code Admin. R. Ann. Hedc 304.01 Student Protection and Disclosures {#sec-hedc-304.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 304.01}

Before requiring students to provide any identifying information, schools shall, at a minimum, make the following items publicly available in the school catalog, on the school’s website, or both:

(a) Admission requirements, including any prerequisite training required for admission and a profile that enumerates the background and abilities of prospective students;

(b) Beginning and ending dates, or rolling enrollment procedures, of each program or course, that includes add or drop dates, if applicable, examination periods, calendar of holidays and other dates important to the completion of the program or course;

(c) A list and description of programs, courses, or both, to include objectives, length, and curriculum offerings at each school location;

(d) A description of school’s grading system for necessary student outcomes and requirements for completion and graduation;

(e) A withdrawal and refund policy to include, at a minimum, the following statements:

(1) All refunds shall be paid within 30 days upon written notification from a student of cancellation or withdrawal; and

(2) Students receiving benefits from federal programs shall be subject to federal refund policies, rules and regulations;

(f) A schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study;

(g) Policies related to transferability of credit; and

(h) Student complaint process.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 304.02 Ethical Business Practices {#sec-hedc-304.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 304.02}

(a) A school or its representative shall not make guarantees regarding employment to prospective students.

(b) Certificates shall be issued within 30 days of the completion date of the course or program to those students who have met all of the completion requirements, including tuition payment of the applicable course of study.

(c) A school shall not falsely mislead the public as to its name, nature of business, facilities, and equipment and shall not engage in fraudulent or deceitful practices in dealing with students or the public.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 304.03 Tuition Policy {#sec-hedc-304.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 304.03}

Tuition and fees shall be offered and administered in a non-discriminatory manner in that:

(a) A school and its approved branch or satellite shall charge students enrolled in the same program or course a uniform rate of tuition and other fees, provided nothing herein shall prevent a school from making a uniform change in tuition or other fees in new enrollment agreements;

(b) Nothing shall prevent the school from negotiating business to business, contractual agreements for different rates of tuition and fees; and

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 304.04 Student Records {#sec-hedc-304.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 304.04}

(a) For the purposes of this section, the following definitions shall apply:

(1) “Instructor hours” means number of hours that instructors deliver live training in a lecture or classroom format, as an interactive workshop, as a demonstration with the opportunity for learners to practice, or virtually, using video-conferencing tools; and

(2) “Self-study hours” means study conducted by a student inside or outside of the classroom without necessitating the presence or interaction of an instructor, and does not include homework assigned outside of the designated course or program self-study hours.

(b) At a minimum, a school shall maintain current, complete, and accurate student records of the following documents in a safe and secure environment for a minimum of 3 years:

(1) A copy of the student's signed enrollment agreement to include, at a minimum:

a. A detailed schedule of program or course hours, including, but not limited to, any one or more of the following:

Instructor hours; and
Self-study hours;

b. A detailed tuition and fee schedule; and

c. A statement for students to sign and date stating they have received and read school policies;

(2) Records of student progress reports that include information on classroom attendance and performance;

(3) A copy of the results of any enrollment evaluation or examination; and

(4) A record of all monies charged, owed, and paid.

(c) Student records shall include a unique identifier such as date of birth, last 4 digits of the student’s social security number or an assigned student identification number.

(d) Records of students shall be open for inspection to the office during site visits to the school.

(e) A school shall permanently maintain student transcripts or certificates.

(f) Any changes to the original enrollment agreement shall be made in writing and signed by both school and student.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18 (formerly Hedc 304.07)

N.H. Code Admin. R. Ann. Hedc 304.05 Schools Undergoing Closure, Acquisition, Sale, Merger, or Transition to Exempt Status {#sec-hedc-304.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 304.05}

(a) Any school that plans to close shall notify the office no less than 30 days prior to the closing date and the office shall respond within 10 business days requesting a transition plan and timetable that addresses the closure including, but not limited to:

(1) One original transcript or certificate and an electronic copy of each for all current and former students who were enrolled;

(2) One original or electronic copy of catalogs for each year in existence;

(3) Public disclosure and student notification;

(4) A plan for discontinuation of programs or courses;

(5) Student records including a unique identifier such as date of birth, last 4 digits of the student’s social security number or an assigned student identification number;

(6) Teach-out schedule detailing program or course completion; and

(7) Any correspondence to and from accrediting agencies in regards to closure.

(b) Any school undergoing an acquisition, sale, or merger shall provide to the office a transition plan and timetable including, but not limited to:

(1) Correspondence to and from an accrediting agency, if applicable; and

(2) Any changes to the information as required in Hedc 303.01-303.04.

(c) Any school transitioning from non-exempt to exempt status shall provide to the office a transition plan and timetable that addresses the change in status, including, but not limited to:

(1) A list of programs or courses and their objectives, length and tuition;

(2) Identification of the exemption criteria used to support the exempt status pursuant to RSA 188-G:1, II(a)-(k); and

(3) Supporting documentation for meeting the above exemption criteria.

(d) Any school meeting any of the criteria specified in Hedc 304.05 (a), or (b) shall remit a fee as indicated in Hedc 304.06.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18 (formerly Hedc 303.03)

N.H. Code Admin. R. Ann. Hedc 304.06 Fees {#sec-hedc-304.06 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 304.06}

(a) Pursuant to RSA 188-G:2 IV, fees for the office shall be in accordance with the fee schedule in Table 304-1, Career School Licensing Fee Schedule as follows:

Table 304-1 Career School Licensing Fee Schedule

Action

Fees

Initial Licensing

$1,000

Annual Renewal Licensure Fee, based on annual gross tuition – (AGT)

$75,000 or less

$450

$75,001 or more

.006 of AGT

New Course(s)

$75 per course/$750 max

New Program(s)

$750/$75 per course, whichever is less

Governance

Acquisition, Merger, Transfer, Or Sale Of Assets

$650

School Closure

$250

Closed School Transcripts

Transcript request fee per transcript

$20

Stipends

External consultant review

$500 per day plus expenses

(b) Applicable fees shall be paid by check or money order made payable to “Treasurer, State of New Hampshire.”

(c) In the event of a financial hardship beyond the school’s control, upon receipt of a hardship request in writing, closure fees shall be waived upon verification by the director of said hardship. Such determination shall be made within 30 days of the receipt of the written request.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

Part Hedc 305 Complaint Process

N.H. Code Admin. R. Ann. Hedc 305.01 Who May File a Complaint {#sec-hedc-305.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 305.01}

(a) Any person who has a complaint against a school who has first sought redress directly from said school through its complaint process, and said process has been completed and was found to be in favor of the school, may file a complaint with the office.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18 (formerly Hedc 308.01)

N.H. Code Admin. R. Ann. Hedc 305.02 Misconduct Sufficient to Support a Complaint {#sec-hedc-305.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 305.02}

Misconduct sufficient to support a complaint shall include any violation of any statute or rule which is administered by the commission.

History

#12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 305.03 Complaint {#sec-hedc-305.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 305.03}

Form. Complaints shall be filed with the office by completing and submitting the online “Complaint Form”, 2015 edition at https://my.doe.nh.gov/ESSWEB/HigherEducation/Complaint.aspx.

History

#12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 305.04 Timeframe for Filing a Complaint {#sec-hedc-305.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 305.04}

Complaints shall be filed within 3 years of the scheduled start date of the course or program that is the subject of the complaint.

History

#12644, eff 10-11-18

N.H. Code Admin. R. Ann. Hedc 305.05 Receipt and Review of Complaints {#sec-hedc-305.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 305.05}

(a) Upon receipt of a complaint, the office shall determine whether or not the complaint has merit to commence an investigation.

(b) The office shall acknowledge receipt of the complaint by written notification within 10 business days. A copy of said written notification shall be sent to the complainant and to the school which is the subject of the complaint.

(1) Meet the criteria set forth in Hedc 305.02;

(2) Respond to a request for information from the office of career school licensing within a specified time frame; or

(3) Participate in any investigation or hearing as ordered.

History

#12644, eff 10-11-18

Part Hedc 306 Investigations

N.H. Code Admin. R. Ann. Hedc 306.01 Investigation {#sec-hedc-306.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 306.01}

(a) A member of the office shall interview appropriate personnel from the school who is alleged to have committed the violation or about to commit a violation, and/or any other person who might have relevant knowledge of the violation or potential violation.

(b) The member of the office assigned to investigate the matter shall review records, data, facilities and other relevant elements which are pertinent to the investigation.

(c) The member of the office shall submit a report of his or her findings regarding the investigative matter to the director for review.

(d) If the director determines that there is a violation, a sanction of fines shall be imposed pursuant to Table 306-1, Fines as follows:

Table 306-1 Fines

Action

Fines

Administrative violation of rules and statutes

$1,000/each

Operation of a school without a license

$3,000/month

Late Submission

$150/day

(e) The director shall report the written findings of the investigation, to include any applicable fines as set forth in Hedc 306.01(d), to the complainant and the school via registered mail.

(f) Fines shall be due within 30 days of receipt of the registered mail notification from the director. Payment of fines shall waive a school’s right to file an appeal to the commission.

(g) A complainant or a school may file a written intention to appeal the director’s decision with the commission within 15 days of receipt of the registered mail notification from the director. Filing a written intention to appeal shall stay the requirement to pay the fine within the applicable timeframe as set forth in Hedc 306.01(f).

(h) Applicable fines shall be paid by check or money order made payable to “Treasurer, State of New Hampshire.”

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18

Part Hedc 307 Appeals

N.H. Code Admin. R. Ann. Hedc 307.01 Appeals {#sec-hedc-307.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 307.01}

(a) Within 15 days of filing a written intention to file an appeal, a complainant or a school may appeal the director’s decision to the commission by submitting a formal letter.

(b) The formal letter shall outline the specific disagreements with the director’s finding and shall include citations to the proper RSA’s and Hedc’s with a separate explanation for each grievance.

(1) The commission shall inform the complainant or the school of the next scheduled commission meeting and include the appeal on the agenda; and

(2) The commission shall render a determination of the appeal within 15 business days.

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18 (formerly Hedc 310.01)

N.H. Code Admin. R. Ann. Hedc 307.02 Revocation of School License {#sec-hedc-307.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 307.02}

(a) Pursuant to RSA 188-G:6, the commission shall, after due notice and hearing, revoke the license of any school licensed pursuant to RSA 188-G:2 for violating provisions of RSA 188-G:1-5 or rules of this chapter, and such revocation shall be determined after considering the presence of aggravating or mitigating circumstances as specified in Hedc 307.02 (b) and (c).

(b) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) The licensee’s prior disciplinary record;

(3) Lack of willingness to cooperate with the office regarding application, renewal, fees, or disciplinary fines;

(4) Potential harm to public health and safety; and

(5) The purpose of the rule or statute violated.

(1) Absence of a prior disciplinary record;

(2) Willingness to cooperate with the office;

(3) Acknowledgement of the licensee’s wrongdoing; and

(4) The purpose of the rule or statute violated.

(d) Alleged violations of RSA 188-G:1-5 shall be reported to the attorney general, or other appropriate official having jurisdiction, pursuant to RSA 188-G:10.

APPENDIX

Rule

Specific State Statute the Rule Implements

Hedc 301

RSA 188-G:1,II

Hedc 302

RSA 188-G:1

Hedc 303

RSA 188-G:2,II

Hedc 304

RSA 188-G:2,II

Hedc 305

RSA 188-G:2, IV

Hedc 306

RSA 188-G:2,II

Hedc 307

RSA 188-G:2, IV

History

#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300); ss by #12644, eff 10-11-18 (formerly Hedc 311.01)

Chapter Hedc 400 Degree-Granting Higher Education Institutions with a Physical Presence in New Hampshire

Part Hedc 401 Applicability

N.H. Code Admin. R. Ann. Hedc 401.01 Institutions Excluded from Commission Jurisdiction {#sec-hedc-401.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 401.01}

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

(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;

(b) An in-state institution which has been in continuous operation since before 1775; and

(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) Send recruiters to college fairs or advertise in this state;

(3) Partner with an approved New Hampshire institution that provides credit to New Hampshire college and university students; or

(4) Contract with a New Hampshire entity that develops curriculum or instructional materials.

History

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

N.H. Code Admin. R. Ann. Hedc 401.02 Institutions Under Commission Jurisdiction {#sec-hedc-401.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 401.02}

The following institutions shall be subject to the jurisdiction of the commission:

(a) Institutions that have a physical presence in New Hampshire and seek to offer or currently offer credit bearing courses, programs, or associate, bachelor, master, or doctoral degrees in New Hampshire;

(b) Institutions planning to establish or have an administrative office in New Hampshire;

(c) Out-of-state institutions who are not members of NC-SARA seeking to offer open or closed credit-bearing internships, practicums, courses, programs, or degrees that have a physical presence in New Hampshire;

(d) Previously approved international institutions, at the sole discretion of the institution; and

(e) Teacher certification program(s) offered by approved New Hampshire institutions. These programs shall also fall under the provisions of RSA 186:11 and Ed 600.

History

#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23; ss by #14404, eff 10-15-25, EXPIRES: 10-15-35

Part Hedc 402 Definitions

N.H. Code Admin. R. Ann. Hedc 402.01 Terms Used {#sec-hedc-402.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 402.01}

As used in these rules, the following terms have the meanings indicated:

(a) “Commission” means the higher education commission (HEC) established in RSA 21-N:8-a;

(b) “Director” means the director of the division of educator support and higher education at the New Hampshire department of education, or designee;

(c) “Physical presence” means an actual physical location for instructional purposes, maintaining an administrative office including a mailing address or phone number, or face-to-face advising, mentoring, supervision, testing, or instruction taking place in New Hampshire; and

(d) “The National Council for State Authorization Reciprocity Agreements (NC-SARA)” means the entity which governs reciprocity agreements between member states, territories, and districts of the United States of America. These agreements permit member institutions in member states, territories, and districts of the United States of America to offer online educational programs without requiring separate approvals.

History

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

Part Hedc 403 Incorporation

N.H. Code Admin. R. Ann. Hedc 403.01 Institutions Seeking Incorporation in New Hampshire {#sec-hedc-403.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 403.01}

Pursuant to RSA 292:8-c through 8-h, the commission shall advise the legislature concerning the granting of degrees. Any institution that intends to seek incorporation as a degree-granting institution in New Hampshire shall secure approval from the commission prior to seeking authority from the legislature and shall submit articles of agreement as required by RSA 292:8-c and 8-d and shall be subject to the provisions of Hedc 405.

History

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

Part Hedc 404 Evaluation Process

N.H. Code Admin. R. Ann. Hedc 404.01 Initiating the Evaluation Process {#sec-hedc-404.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 404.01}

(a) Any institution seeking commission approval(s) shall discuss the proposed plan with the director or designated representative.

(b) The institution shall identify the:

(1) Name of the institution;

(2) Approval(s) sought;

(3) Reasons therefore;

(4) Proposed timeline; and

(5) Anticipated benefits to students and to New Hampshire.

History

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

N.H. Code Admin. R. Ann. Hedc 404.02 Determination of Review Type {#sec-hedc-404.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 404.02}

(a) The director shall determine the type of review required based upon the program request, incorporated status, accreditation status, institutional sustainability, and previous approvals granted to the institution.

(b) Types of reviews shall be as follows:

(1) A comprehensive review; and

(2) An administrative review.

(c) A comprehensive review shall require the institution’s written plan to respond to each standard in Hedc 405 and the review shall be conducted by an evaluation team.

(d) An administrative review requires the institution’s written plan to respond to each standard in Hedc 405 as appropriate.

(e) The administrative review shall be conducted by the director, their designee, or by an evaluation team.

(f) The administrative review shall be used for the following:

(1) In-state institutions seeking degree-granting approval for a new degree, a new degree level, a new program within an existing approved degree level, or a review of an already approved program not covered by earlier approvals;

(2) Out-of-state institutions seeking approval to open a branch campus;

(3) Out-of-state institutions seeking approval to offer credit-bearing courses, programs, degrees, internships, or practicums; and

(4) In-state or out-of-state institutions voluntarily seeking approval to offer innovative or pilot programs, specialized certificates, assessments, or programs.

History

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

N.H. Code Admin. R. Ann. Hedc 404.03 Comprehensive Review {#sec-hedc-404.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 404.03}

(a) An evaluation team shall conduct a comprehensive review that requires the institution’s written plan responding to each standard in Hedc 405.

(b) The evaluation team shall link its work with specialized licensing or professional accrediting agencies when such is pertinent to professional practice of development, or when licensure is required in New Hampshire for professional practice pursuant to RSA 292:8-e.

(1) Considers in detail, the institution’s compliance with Hedc 405; and

(2) Makes a recommendation as to whether the commission should grant or continue approval.

(d) The institution shall have an opportunity to respond to the evaluation report and to respond to any specific questions within 10 days of the institution’s receipt of the report.

History

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

N.H. Code Admin. R. Ann. Hedc 404.04 Administrative Review {#sec-hedc-404.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 404.04}

(a) Any institution undergoing an administrative review shall submit a written plan addressing the points below and Hedc 405 as appropriate:

(1) The name of the institution;

(2) Approval being sought;

(3) Previous degree-granting authority awarded by the legislature and approved by the commission;

(4) Rationale for development of the proposed program within the stated institutional mission;

(5) Program planning and development process utilized in developing the request;

(6) Proposed course, program or degree offering, syllabi, relevant biographies, and credentials of faculty expected to teach in the proposed program;

(7) A demographic description of students to be served;

(8) New resources that will be required to fully implement the curriculum;

(9) Changes and shifts in organization and governance required to adjust to the proposed program;

(10) The location to be used and the anticipated timeframe or duration of the offering(s);

(11) Documentation that the institution is in good standing with a regional or national accrediting agency recognized by the U.S. Department of Education, the council for higher education accreditation, or both;

(12) Certificate of registration filed with the New Hampshire secretary of state; and

(13) Copies of a signed contract or memorandum of understanding with the New Hampshire educational or business entity, if applicable.

(b) Any institution undergoing an administrative review for an already approved program shall submit a written plan which:

(1) Updates any information or changes for each of the standards in Hedc 405; and

(2) Responds to the concerns, suggestions, and recommendations in the commission’s most recent approval of the program(s).

History

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

N.H. Code Admin. R. Ann. Hedc 404.05 Evaluation Materials {#sec-hedc-404.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 404.05}

An institution shall submit an electronic version of a written plan that addresses the standards in Hedc 405 to the department of education, office of higher education, as listed on the department website https://www.education.nh.gov/pathways-education/higher-education-new-hampshire.

History

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

N.H. Code Admin. R. Ann. Hedc 404.06 Decision by the Commission {#sec-hedc-404.06 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 404.06}

(a) Upon receipt of the evaluation report, the commission shall review the report and vote to accept, amend, or reject the recommendations contained therein based upon its determination of compliance with Hedc 405.

(b) The institution shall be invited to attend the meeting of the commission to answer any questions from the commission.

(c) The director shall notify the institution of the commission’s decision in writing within 10 days of the commission vote.

(d) Unless otherwise authorized, the institution shall not advertise or commence instruction until commission approval is granted.

(e) If the decision of the commission is to reject an institution’s application for degree-granting authority based on non-compliance with Hedc 405, the details of that decision shall be included in the letter of notification.

History

#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23 (formerly Hedc 404.07)

Part Hedc 405 Standards for Evaluation

N.H. Code Admin. R. Ann. Hedc 405.01 Mission and Purposes {#sec-hedc-405.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.01}

(a) In its written plan, the applicant shall set forth a well-defined statement of the institution’s mission and purposes.

(b) The applicant shall submit the following documents:

(1) A copy of the vote of the board of the institution’s resolution adopting the statement of mission and purposes as submitted;

(2) A certified copy of the bylaws or other governing instrument specifying the procedures for amendment of the statement of purpose; and

(3) A certificate of registration filed with the New Hampshire secretary of state.

History

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

N.H. Code Admin. R. Ann. Hedc 405.02 Planning and Evaluation {#sec-hedc-405.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.02}

(a) The applicant shall describe its planning process and provide evidence of the following:

(1) The institution's plan beyond a short-term horizon, including strategic planning that involves realistic analyses of internal and external opportunities and constraints;

(2) The results of strategic planning that are implemented through financial, academic, enrollment, and other supporting plans;

(3) Institutional allocation of resources that are consistent with planning priorities;

(4) How the institution plans for and responds to financial, enrollment, and other contingencies; and

(5) The institution’s record of success in implementing the results of its planning.

(b) The applicant shall provide evidence that it regularly and systematically evaluates the achievement of its mission and purposes as follows:

(1) The institution's policy and procedures for evaluating the quality and effectiveness of its academic programs;

(2) The institution's evidence of student learning outcomes; and

(3) The institution's demonstration of record of success in using the results of its evaluation activities to inform planning, changes in programs and services, and resource allocation.

History

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

N.H. Code Admin. R. Ann. Hedc 405.03 Organization and Governance. {#sec-hedc-405.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.03}

The applicant shall describe its organization and governance structures in its written plan, including:

(a) Organizational charts showing the lines of authority and the relationships among component units and personnel;

(b) Evidence of a governing board that reflects diversity and complies with its bylaws;

(c) Evidence that the governing board responsible for the general policies and control of the institution conducts itself as follows:

(1) Meets at least twice in each fiscal year; and

(2) Keeps written minutes of the actions taken at these formal meetings or otherwise maintains a record of proceedings; and

(d) A description of the roles of the trustees, administrators, faculty, and students, and the nature and extent of the involvement of each in the determination of policies and the resolution of issues, including academic program and curriculum development.

History

#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23 (formerly Hedc 405.02)

N.H. Code Admin. R. Ann. Hedc 405.04 The Academic Program {#sec-hedc-405.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.04}

The applicant shall describe its educational program in its written plan, including:

(a) How the educational program reflects the purpose and mission of the institution through curricula;

(b) Clearly and accurately describing curricula and learning goals in all published written and electronic materials;

(c) Clearly stating the level of instruction and reflecting the resources of the institution, including but not limited to program support in the following areas:

(1) Financial resources;

(2) Personnel;

(3) Facilities; and

(4) The level of academic preparation of the students;

(d) Providing evidence that it provides students with course syllabi that includes:

(1) Course objectives;

(2) Course outcomes;

(3) Requirements; and

(4) Standards of achievement;

(e) Providing evidence that the internal structure of course(s) rests within the purview of the appropriate faculty and academic leadership;

(f) Clearly describing the process for development, review, and approval of educational policy;

(g) Documenting provisions for a systematic and broad-based assessment of student learning, assessment of educational program(s), and the evaluation and improvement of instruction;

(h) Articulating a sequence of courses leading to the attaining of a degree in the respective area or field of study;

(i) Linking program goals with achievement of student outcomes;

(j) At the associate degree level, having requirements for graduation that are based upon successful completion of a minimum of 60 semester hours of study;

(k) At the baccalaureate degree level, providing evidence that the program:

(1) Is planned to reflect a commitment to a particular area of inquiry;

(2) Affords competence in the subject significantly beyond the introductory level; and

(3) Is based upon successful completion of a minimum of 120 semester hours of study;

(l) If organized on other than the usual semester basis, ensuring that the educational program provided contains at least as many hours as an institution organized on the usual semester basis;

(m) Providing evidence that all courses offered by correspondence, online, or away from the institution’s primary campus are consistent with, and comparable to, courses offered to resident students enrolled at the institution’s primary campus;

(n) Stating its policies and procedures for consideration of transfer credits; and

(o) Demonstrating it publishes its graduation requirements in writing or on its website.

History

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

N.H. Code Admin. R. Ann. Hedc 405.05 Teaching, Learning, and Scholarship {#sec-hedc-405.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.05}

(a) The institution shall support teaching and learning through a well-qualified faculty and academic staff as follows:

(1) Staff competence as evidenced by:

a. Academic degrees from appropriately accredited institutions;

b. Academic knowledge in the discipline in which they teach; and

c. Previous teaching experience which ensures that students will receive education consistent with the objectives of the program of study and the curricular requirements as stated in the institution’s published catalogue and web site or electronic media;

(2) Meeting or exceeding the following standards in a 2-year associate program:

a. Faculty shall hold at least a master’s degree or its equivalency as determined under (1) above; and

b. The entire faculty shall have education or equivalent experience in the field of specialization in which they are teaching;

(3) Meeting or exceeding the following standards in a 4-year baccalaureate degree program:

a. Faculty shall hold at least a master’s degree or its equivalency as determined under (1) above, in the field of specialization in which they are teaching;

b. At least 25% of the full-time faculty shall hold a doctoral degree or the appropriate terminal degree; and

c. The entire faculty shall have education or equivalent experience in the field of specialization in which they are teaching;

(4) Meeting or exceeding the following standards in a master’s degree program:

a. Faculty shall hold at least a master’s degree or its equivalency as determined under (1) in the field of specialization in which they are teaching;

b. A majority of the faculty shall have satisfactorily completed work beyond the master’s degree; and

c. At least 40% of the full-time faculty shall hold a doctoral degree or an appropriate terminal degree;

(5) If teaching in a doctoral program, the faculty member shall hold a doctoral degree;

(6) If teaching in a professional degree program, the faculty member shall hold a doctoral or professional degree;

(7) If granted approval to teach by the institution, a faculty member shall have an equivalency for any of the positions listed in (2) through (4) above, or meet the following requirements:

a. The institution shall state the reason for its equivalency in a narrative statement; and

b. The written job description for the position shall state what preparation is necessary to be considered equivalent to a candidate who has a degree in the field;

(8) The number of faculty and academic staff shall be sufficient in number, with a full-time commitment to the institution and length of service to ensure continuity of the education program;

(9) Student-faculty ratios shall be sufficient in number to ensure consistency with the mission of the institution, and meet the following standards:

a. The proportion of part-time faculty members and the student-teacher ratio shall be consistent with the institution’s purpose to provide effective instruction and guidance in each course consistent with the institution’s purpose; and

b. The faculty shall consist of full-time appointments sufficient in number and length of service to ensure continuity and stability of the educational programs;

(10) Teaching load shall be consistent with the time essential for preparation for each class, other assigned academic or administrative responsibility, and professional growth including, but not limited to, the pursuit of terminal degrees in the field, the attendance at professional meetings, research, and publications;

(11) Professional and institutional responsibilities shall be specifically defined in writing;

(12) Expectations for continuing professional study or scholarly activity shall be clear, and faculty are encouraged to participate in professional meetings and other scholarly activity related to faculty disciplines;

(13) Personnel policies shall be in place concerning matters including, but not limited to:

a. Academic freedom;

b. Salaries and benefits; and

c. Incentive for professional growth; and

(14) Policies shall be adopted, maintained, and followed governing initial appointments, reappointments, and the dismissal of faculty, including adjunct faculty, and records maintained that such policies are followed.

(b) Faculty and academic staff shall be provided with the following from the institution:

(1) The expectation that appointments shall be made pursuant to the established procedures of the institution and shall be promptly reported, in writing, to the governing board of the institution;

(2) A written notice of appointment which contains, or incorporates by specific reference, the conditions of employment and personnel policies with regard to academic freedom and economic security; and

(3) A letter of appointment that includes information on salaries, fringe benefits, and provisions for academic freedom.

History

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

N.H. Code Admin. R. Ann. Hedc 405.06 Students {#sec-hedc-405.06 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.06}

The institution shall support the student body as follows:

(a) Describing in its written plan the characteristics of the students it wishes to serve;

(b) Describing in its written plan its orderly process of recruitment and admissions that complies with the requirements of state and federal law concerning equality of educational opportunity;

(d) Developing a student record system that includes, but is not limited to, health counseling, financial aid, academic transcripts, graduate employment, and performance on licensure examinations, as appropriate; and

(e) Ensuring security and maintenance by:

(1) Storing physical records in secure, fire-resistant cabinets;

(2) Securing electronic records so as to prevent loss; and

(3) Routinely maintaining a secure backup of physical and electronic records.

History

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

N.H. Code Admin. R. Ann. Hedc 405.07 Institutional Resources {#sec-hedc-405.07 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.07}

The applicant shall include in its written plan a description of institutional resources as follows:

(a) Human resources including, but not limited to:

(1) Human resources policies to include:

a. Their availability;

b. How they are consistently applied; and

c. A procedure for their periodic review;

(2) Clear terms of employment, to include salary and benefits;

(3) A plan for equal opportunity inclusion with measurable objectives;

(4) Procedures for the regular evaluation of all personnel; and

(5) Policies and procedures regarding opportunities for professional development;

(b) Financial resources including, but not limited to:

(1) Plans that allow the institution to:

a. Support and sustain its purpose;

b. Implement its program; and

c. Graduate its entering class as follows:

For institutions seeking associate degree-granting authority, a minimum period of 4 years; and
For institutions seeking baccalaureate, masters, and doctoral degree-granting authority, a minimum period of 6 years;

(2) Plans that allow the institution to adequately and effectively implement, achieve, and enhance its purposes and objectives as evidenced by the following:

a. Financial policies, procedures, and practices that ensure academic quality; and

b. A business plan for the time period described in (b)(1)c. above, which includes:

An enrollment plan including anticipated applications, deposits, yield, and retention rates;
Tuition and other sources of support; and
Anticipated expenses;

(3) A budget preparation process that is inclusive, and reviewed and approved by administrators and the institution's governing board;

(4) A budget, sufficient in detail to identify operating expenses including categories for:

a. Instruction;

b. Library;

c. Information resources and technology;

d. Student services;

e. Financial aid, including a calculation of the tuition discounting rate; and

f. Operation and maintenance of the physical plant;

(5) A chief financial officer responsible for administration of the financial resources with qualifications as follows:

a. Expertise, education, academic degrees, and an understanding of higher education finances;

b. Experience with financial and business operations of a higher education institution; and

c. Experience with the budget of higher education institutions, including overseeing the budget’s formulation, revision, and implementation;

(6) Evidence to demonstrate fiscal soundness including, but not limited to, resources which shall ensure operations through the time period described in (b)(1)c. above, to include, but not be limited to:

a. Unrestricted net operating income demonstrating the institution's ability to live within its resources;

b. Resources necessary to meet covenants in any debt or other similar obligations of the institution;

c. Expendable reserves to sustain academic quality should resources in a. or b. above not meet expenditure needs in any given year; and

d. An existing realistic plan addressing issues raised by existing operational deficits, or in the event of a significant financial challenge or actual financial crisis to the institution or program, and reflecting significant assets to guarantee student protection;

(7) A financial records monitoring process which shall:

a. Be open for inspection and audit by the commission or its agents upon demand during normal working hours;

b. Be maintained in conformity with generally accepted accounting principles;

c. Include audited financial statements with an unqualified opinion for at least 2 consecutive years. “Audited financial statements” means independently audited and certified annual financial statements which are completed within 6 months after the end of each fiscal year; and

d. Be kept in accordance with procedures that are sufficient to maintain financial integrity that gifts or grants given to the institution shall be utilized according to the donor's or grantor's intent;

(8) Evidence of insurance, or other instruments to secure financial obligation, carried to protect the school's financial interest, which shall be sufficient to maintain the solvency of the school in case of loss by fire or other causes, and to protect it from instances of personal and public liability; and

(9) If the institution has or plans to incur debt, a plan and procedures for maintaining and updating the plan as needed, covering the period such debt will be outstanding which shows:

a. The anticipated interest and principal payments throughout the life of the debt; and

b. The provision for payment of such interest and principal as it becomes due and payable; and

(1) Library resources which shall include:

a. A written plan consistent with the institution’s purpose, the nature of the education program, and the enrollment;

b. In-person and remote access provided to its basic physical and virtual collections. If other libraries or collections are to provide a major part of the library resources for the educational program, the extent of dependence shall be clearly stated, and the nature and details of agreements described;

c. If engaged in an agreement with other libraries and entities providing access to resources as referenced in b. above, a plan that specifies the following:

The degree to which the holdings of the other libraries or resources support the institution’s educational program and enrollment; and
The degree to which students of the institution can use these libraries or resources;

d. Services including, but not limited to:

Availability for in-person and remote student use at regularly posted times;
In-person and remote availability of resource and supervisory personnel and standard library services including, but not limited to, circulation, reference services, instruction, and interlibrary loans; and
Provisions for an atmosphere conducive to learning;

e. A method for keeping up-to-date records of circulation, holdings, inventory data, materials on order, current periodicals received, subscription data base usage, expenditures, and budgets;

f. Evidence of sufficient holdings consistent with the purpose, the course offerings, and enrollment of the institution;

g. A method and timetable for review of its holdings to assure that the holdings remain consistent with the course offerings; and

h. A budget adequate to maintain the above standards; and

(2) Physical and technological resources which shall include:

a. A description of physical and technological resources necessary to achieve the purpose stated in the applicant’s written plan including:

Evidence that facilities are constructed and maintained in accordance with all applicable health and safety standards, codes, ordinances, and laws;
For facilities not owned by the institution, evidence through a lease or other documentation that facilities and technologies are available to meet the institution’s stated objectives;
A plan for how the institution provides information technology to support its academic and administrative operations; and
Policies and procedures to ensure the integrity and security of data, and the privacy of individuals.

History

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

N.H. Code Admin. R. Ann. Hedc 405.08 Educational Effectiveness {#sec-hedc-405.08 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.08}

The institution shall demonstrate its effectiveness by measures of student outcomes and program objectives as follows:

(a) Providing clear public statements about what students are expected to gain from their educational experience;

(b) Clearly stating objectives for student learning for each academic program;

(c) Demonstrating use of a variety of quantitative and qualitative methods, and direct and indirect methods to measure student outcomes and program objectives; and

(d) Demonstrating use of student and program assessments to inform its planning and resource allocation.

History

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

N.H. Code Admin. R. Ann. Hedc 405.09 Integrity, Transparency, and Public Disclosure {#sec-hedc-405.09 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 405.09}

The applicant shall, in the public disclosure section of its evaluation plan, include a catalog and supporting materials that are accessible electronically and that include the following:

(a) Explicitly worded statements about its:

(1) Current status with the commission;

(2) Approvals from required licensing agencies; and

(3) Approvals from regional, national, and specialized accrediting agencies;

(b) Identification of mission, ownership, and control of the institution;

(d) Admission requirements;

(e) Courses, programs, and degrees offered;

(f) Program objectives, length of program, curriculum offerings, and degree requirements;

(g) Rates of student success, including rates of retention, graduation, and other measures of success appropriate to its institutional mission;

(h) Schedule of tuition, fees, availability of financial aid, expected amount of student debt upon graduation, and all other charges and expenses necessary for completion of the course of study;

(i) Procedures and policies related to transfer of credit, attending, and withdrawing;

(j) List of current faculty, indicating:

(1) Program affiliation;

(2) Full or part-time status;

(3) Degrees held; and

(4) Institution(s) attended;

(k) Cancellation and refund policies;

(l) Where to file student complaints and where to seek redress;

(m) Locations and programs available at branch campuses, other instructional locations, including those overseas, along with a description of programs and services available at each location; and

(n) Such other material facts concerning the institution as are reasonably likely to affect the decision of the student to enroll therein.

History

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

Part Hedc 406 Continuing Review

N.H. Code Admin. R. Ann. Hedc 406.01 Annual Reports {#sec-hedc-406.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 406.01}

(a) Institutions under the jurisdiction of the commission shall file copies of correspondence and annual or other reports required by its recognized regional or national accreditation agencies recognized by the U.S. Department of Education, the council for higher education accreditation, or both.

(b) Institutions shall authorize such accrediting agencies to release these documents to the commission should this be required.

History

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

N.H. Code Admin. R. Ann. Hedc 406.02 Additional Reports {#sec-hedc-406.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 406.02}

(a) Out-of-state institutions having commission approvals shall file annual or other reports as specified in its commission approval(s). The director shall review and report compliance to the commission.

(b) In-state institutions under the jurisdiction of the commission shall be required to file annual or other reports as specified in its commission approval(s). The director shall review and report compliance to the commission.

(c) Additional report(s) shall be required as necessary to provide additional information on the status of program approval.

(d) A comprehensive administrative review may be conducted to seek additional institutional or program information related to Hedc 405 regarding standards of evaluation based on:

(1) Information obtained by accreditors and communicated to the commission as an item(s) of concern; or

(2) Based on student complaints to the commission or department.

History

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

N.H. Code Admin. R. Ann. Hedc 406.03 Accreditation {#sec-hedc-406.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 406.03}

(a) In lieu of conducting its own independent program or institutional evaluation, the commission shall accept accreditation by a regional or national agency recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or both, when the program or institution is in good standing with no special requirements.

(b) For institutions not accredited by a regional or national accrediting agency recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or both, the commission shall conduct a comprehensive review every 3 years to determine continued program approvals.

(c) An institution may make a written request to modify one or more of the requirements outlined in Hedc 405 for the purpose of initiating innovative modifications in academic programs or services. The request shall include the rationale and reason(s) for the modification(s) and require a majority vote of the commission for approval.

(d) Any change in status with accreditor(s), including notices of concern or probation notification, shall be provided to the commission to determine compliance with Hedc 405.

History

#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23; ss by #14404, eff 10-15-25, EXPIRES: 10-15-35

N.H. Code Admin. R. Ann. Hedc 406.04 Institutions Undergoing a Substantive Change in Governance {#sec-hedc-406.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 406.04}

Any institution with a substantial change in governance, including a 50% or greater change in the composition of the governing board within a one-year period or decisions by the board which would affect the mission, character, and quality of the institution shall inform the commission by submitting the following:

(a) A letter and any documents explaining the reason for the changes, and how these changes will impact the mission, current operations, and students;

(b) Public disclosure, including a timeline and student and donor notification;

(d) Any correspondence to and from institutional accrediting agencies;

(e) Documentation of change in incorporated status, such as creation of a sole membership; and

(f) Any contracts detailing arrangements regarding development of courses, programs, or degrees by a non-title IV eligible entity.

History

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

N.H. Code Admin. R. Ann. Hedc 406.05 Institutions Undergoing an Acquisition, Merger, Transfer, Sale of Assets {#sec-hedc-406.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 406.05}

Any institution undergoing an acquisition, transfer, sale of assets if more than 25%, or merger, shall inform the commission by submitting the following:

(a) A letter explaining the reason for the change; and

(b) A transition plan and timetable that includes, but is not limited to:

(1) Public disclosure and student and donor notification;

(2) Evidence of sufficient fiscal resources to support the transition;

(3) Accreditor(s) expectations;

(4) Any correspondence to and from institutional accrediting agencies;

(5) Legal documents related to the transition;

(6) Most recent audited financial statement;

(7) Any changes in:

a. Mission;

b. Board appointments;

c. Internal governance and leadership structure;

d. Institutional leadership appointments;

e. Faculty and staff appointments, along with terms of employment, including, but not limited to, working conditions and benefits;

f. Enrollment;

g. Program offerings; and

h. Facilities; and

(8) Any other substantive changes altering the current activity in Hedc 405.

History

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

N.H. Code Admin. R. Ann. Hedc 406.06 Institutions Undergoing Closure {#sec-hedc-406.06 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 406.06}

(a) Any institution that plans to close shall inform the commission by forwarding the following:

(1) A transition plan and timetable that addresses and includes, but is not limited to:

a. Public disclosure and student and donor notification;

b. Changes in internal governance and leadership structure; and

c. Changes in faculty and staff appointments;

(2) A plan for discontinuation of programs that includes:

a. Number of students impacted;

b. Teach-out schedule detailing program completion at current institution; and

c. Evidence of arrangement with another accredited institution for student transfer;

(3) Evidence of fiscal resources necessary to support the transition;

(4) Accreditor(s) expectations; and

(5) Any correspondence to and from accrediting agencies.

(b) In addition to the requirements outlined in RSA 292:8-kk, any institution that closes shall also submit the following:

(1) Two certified transcripts and an electronic transcript for each student who was enrolled for instruction at the institution;

(2) One original copy of catalogs for each year in existence;

(3) An explanation of the institution’s credit and grading system; and

(4) A typed list of students.

History

#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23; ss by #14404, eff 10-15-25, EXPIRES: 10-15-35

Part Hedc 407 Disciplinary Action

N.H. Code Admin. R. Ann. Hedc 407.01 Violations {#sec-hedc-407.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 407.01}

(a) Alleged violations of RSA 292:8-g and RSA 292:8-h shall be reported by the commission to the department of justice for enforcement.

(b) Written notification of alleged violations shall be given to the institution by the director.

(d) The commission shall consider the institution’s response and provide the opportunity for the institution to make an oral presentation.

(e) Any institution dissatisfied with the commission’s decision may request a hearing within 60 days of the commission’s decision.

History

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

N.H. Code Admin. R. Ann. Hedc 407.02 Suspension or Revocation of Authority {#sec-hedc-407.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 407.02}

(a) Degree-granting authority of any institution which no longer meets the standards established by rules shall be suspended or revoked, pursuant to RSA 21-N:8-a,II(e).

(b) Any institution which has not conducted regular instruction for 3 consecutive years and whose charter has not been repealed pursuant to RSA 292:8-ff IV, shall be evaluated before resumption of instruction.

(c) Degrees which an institution has not awarded for 4 years shall be evaluated pursuant to Hedc 406 prior to the re-awarding of any such degree.

History

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

N.H. Code Admin. R. Ann. Hedc 407.03 Hearing {#sec-hedc-407.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 407.03}

Any institution dissatisfied with the commission’s decision may request a hearing within 60 days of the date of the commission’s decision.

History

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

Part Hedc 408 Fees

N.H. Code Admin. R. Ann. Hedc 408.01 Fees {#sec-hedc-408.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 408.01}

(a) Fees for commission reviews and actions, and professional stipends, shall be as specified in table Hedc 400-1 below.

Table Hedc 400-1 Schedule of Required Institutional Fees

Action

Fee

INCORPORATION

New institution – main campus in New Hampshire

$10,000

Out-of-state incorporated/branch campus in New Hampshire

$10,000

COMMISSION REVIEWS

Comprehensive Review

$ 2,500

Administrative Review (per program)

$ 750

Accreditation Observation by Director or designee

$ 500

Annual Report from Out-of-State Institution (Hedc 406.02 (a))

$ 500

REVIEW FOR SUBSTANTIVE CHANGE IN GOVERNANCE

$ 2,550

REVIEW OF ACQUISITION, MERGER, TRANSFER, OR SALE OF ASSETS

$ 2,500

INSTITUTIONAL CLOSURE

$ 3,000

DISCIPLINARY ACTION

$ 3,000

EXTERNAL CONSULTANT REVIEW (per day)

$750

STIPENDS

Chair – in-state site visit

$ 2,500

Chair – international site visit

$ 3,000

Team Member – in-state site visit

$ 1,500

Team Member – international site visit

$ 2,000

Accreditation Observer – in-state site visit

$ 2,000

Accreditation Observer – international site visit

$ 3,000

CLOSED SCHOOL TRANSCRIPTS

Transcript Request Fee per transcript

$ 25

(b) All direct costs for institutional or program evaluations shall be the responsibility of the requesting institution.

(c) Evaluators or observers shall be reimbursed for all expenses related to the evaluation, such as travel, lodging, and meals. Payment shall be made to the individual but forwarded to the commission for recording 10 days following the site visit.

(d) Checks for required fees shall be made payable to “Treasurer, State of New Hampshire” and forwarded to the commission prior to on-site visits.

APPENDIX

Rule

Statute

Hedc 401

RSA 21-N:8-a,II(a)

Hedc 401.02

RSA 21-N:8-a, II.(e)(1); RSA 292:8-b through RSA 292:8-kk

Hedc 402

RSA 292:8-h

Hedc 403

RSA 292:8-c, RSA292:8-h

Hedc 404.01 - Hedc 404.02

RSA 292:8-f

Hedc 404.03 - Hedc 404.05

RSA 292:8-f, RSA 292:8-ff

Hedc 405

RSA 292:8-f

Hedc 406.01 - Hedc 406.02

RSA 292:8-ff

Hedc 406.03

RSA 21-N:8-a, II.(e)(1); RSA 292:8-e

Hedc 406.04

RSA 292:8-ff,II,(b)

Hedc 406.05

RSA 292:8-ff,II,(a)

Hedc 406.06

RSA 292:8-kk

Hedc 407.01

RSA 292:8-ff,III

Hedc 407.02

RSA 21-N:8-a,II(e)

Hedc 407.03

RSA 541-A:30-a, V

Hedc 408

RSA 21-N:8-a,II(e)(5)

Hedc 408.01

RSA 21-N:8-a, II.(e)(5)

History

#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23; ss by #14404, eff 10-15-25, EXPIRES: 10-15-35

Chapter Hedc 500 Scholarships for Orphans of Veterans

Part Hedc 501 Purpose and Definitions

N.H. Code Admin. R. Ann. Hedc 501.01 Purpose {#sec-hedc-501.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 501.01}

The purpose of this chapter is to establish the application procedure and residency requirements for funds appropriated pursuant to RSA 193:19.

History

#10633, eff 7-2-14 (See Revision Note at chapter heading for Hedc 500); ss by #14213, eff 3-12-25

N.H. Code Admin. R. Ann. Hedc 501.02 Definitions {#sec-hedc-501.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 501.02}

(a) "Eligible student" means a student, between the ages of 16 and 25, who is a legal resident of New Hampshire and whose mother or father served on active duty in the United States armed services during a period as set forth in RSA 193:19, and either died while on active duty or was a resident of New Hampshire at the time of death and died of a service-connected disability as certified by the U.S. Veterans Administration.

(b) “New Hampshire institution of higher education” means an institution, public or private, that provides education to students beyond high school.

(d) "Service-connected disability" means a disability that has been rated by the federal government as having been caused by service in the U.S. armed services.

History

#10633, eff 7-2-14 (See Revision Note at chapter heading for Hedc 500); ss by #14213, eff 3-12-25 (formerly Hedc 501.01)

Part Hedc 502 Program Administration

N.H. Code Admin. R. Ann. Hedc 502.01 Application {#sec-hedc-502.01 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 502.01}

(a) Each initial applicant for a scholarship under the scholarships for orphans of veterans shall complete and submit the “Application for Scholarships for Orphans of Veterans,” December 2024, to the division of educator support and higher education at the department of education, including proof of residency pursuant to Hedc 502.06.

(b) Scholarship recipients seeking to reapply for an additional year, up to 4 years maximum, shall complete and submit the “Application for Scholarship for Orphans of Veterans,” December 2024, to the division of educator support and higher education at the department of education, including proof of residency pursuant to Hedc 502.06.

(c) All applications shall be due on or before September 1 to the division of educator support and higher education at the department of education.

History

#10633, eff 7-2-14 (See Revision Note at chapter heading for Hedc 500); ss by #14213, eff 3-12-25 (formerly Hedc 501.03)

N.H. Code Admin. R. Ann. Hedc 502.02 Eligibility {#sec-hedc-502.02 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 502.02}

(a) An applicant for a scholarship shall be an eligible student as defined in Hedc 501.02(a).

(b) The scholarship shall only be used for the payment of board, room rent, and books and supplies, as established in RSA 193:19, at a New Hampshire institution of higher education.

History

#10633, eff 7-2-14 (See Revision Note at chapter heading for Hedc 500); ss by #14213, eff 3-12-25 (formerly Hedc 501.04)

N.H. Code Admin. R. Ann. Hedc 502.03 Amount {#sec-hedc-502.03 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 502.03}

The amount of the award shall be determined by equally dividing the annual state appropriation by the number of eligible applicants. In no case shall the award be in excess of $2,500.

History

#10633, eff 7-2-14 (See Revision Note at chapter heading for Hedc 500); ss by #14213, eff 3-12-25 (formerly Hedc 501.05)

N.H. Code Admin. R. Ann. Hedc 502.04 Payment {#sec-hedc-502.04 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 502.04}

of Scholarships. The checks for the scholarships shall be mailed directly to the recipient.

History

#10633, eff 7-2-14 (See Revision Note at chapter heading for Hedc 500); ss by #14213, eff 3-12-25 (formerly Hedc 501.06)

N.H. Code Admin. R. Ann. Hedc 502.05 Renewal of Scholarships {#sec-hedc-502.05 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 502.05}

(a) Scholarships may be renewed up to 3 times after the initial award, for a maximum of 4 total awards.

(b) Scholarships shall be eligible for renewal for no more than 4 years, or until the recipient attains the age of 26 years, whichever occurs first.

History

#14213, eff 3-12-25 (formerly Hedc 501.07)

N.H. Code Admin. R. Ann. Hedc 502.06 Residency Determination {#sec-hedc-502.06 omnilex-key=us-nh-regs-official--agency-hedc--Hedc 502.06}

The following shall be used as proof of the applicant’s status as a New Hampshire resident:

(a) Driver’s license or state-issued identification;

(b) Utility bill;

(d) Mortgage or property deed;

(e) Voter registration card;

(f) Vehicle registration;

(g) Bank statements or financial documents;

(h) Employment records; or

(i) Tax documents.

APPENDIX

RULE

STATUTE

Hedc 501.01-501.02

RSA 193:19; RSA 193:21; RSA 170-B:2

Hedc 502.01

RSA 193:21

Hedc 502.02

RSA 193:19; RSA 193:21

Hedc 502.03-502.05

RSA 193:21

Hedc 502.06

RSA 193:19; RSA 193:21

History

#14213, eff 3-12-25