571 IAC 0.1 — ARTICLE 0.1. CURRENT TEMPORARY RULES

CURRENT TEMPORARY RULES

DISCLAIMER

As an aid to legal research, this document provides a list of currently effective temporary rules adopted by state agencies in the manner set forth in IC 4-22-2-37.1 and IC 4-22-2-37.2. While every effort has been made to ensure the accuracy of the list, this list may not provide an exhaustive enumeration of currently effective temporary rules. This list is not intended to be a substitute for traditional legal research. Exclusion of an temporary rule from this list does not affect the validity of the temporary rule. This list does not, itself, establish authority for the adoption of rules.

LSA Document #25-277 20250625-IR-571250277IFA

Interim Final Rule: Temporarily adds rules concerning incorporating the current fee schedule set by the Board for Proprietary Education (BPE).

Effective June 19, 2025.

Expires August 18, 2026.

Repealed by 20250910-IR-571250002FRA, filed Aug 14, 2025, 1:24 p.m.

Indiana Register 20250625-IR-571250277IFA LSA Document 250277

TITLE 571 BOARD FOR PROPRIETARY EDUCATION

Interim Final Rule

LSA Document #25-277

DIGEST

BPE FEE SCHEDULE

Temporarily adds rules concerning incorporating the current fee schedule set by the Board for Proprietary Education (BPE). Effective June 19, 2025. Expires August 18, 2026.

HISTORY

Notice of Public Comment Period for Interim Rule published May 14, 2025: 20250514-IR-571250277INA

Regulatory Analysis submitted with Notice of Public Comment Period for Interim Rule: 20250514-IR-571250277RAA

Governor's Approval submitted with Notice of Public Comment Period for Interim Rule: 20250514-IR-571250277GAA

SUMMARY/RESPONSE TO COMMENTS

BPE requested public comment on the proposed interim rule from May 14, 2025, through June 13, 2025. BPE received no comments in response to the Notice of Public Comment Period for Interim Rule.

INTERIM RULE

SECTION 1. 571 IAC 1 IS ADDED TO READ AS FOLLOWS:

ARTICLE 1. BOARD FOR PROPRIETARY EDUCATION

Rule 1. Board for Proprietary Education

571 IAC 1-1-1 Applicability

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 1. The definitions in this rule apply throughout this article.

(Board for Proprietary Education; 571 IAC 1-1-1)

571 IAC 1-1-2 "Board for proprietary education" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-5-1; IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 2. "Board for proprietary education" has the meaning set forth in IC 21-18.5-5-1.

(Board for Proprietary Education; 571 IAC 1-1-2)

571 IAC 1-1-3 "Institution" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-2-12; IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 3. "Institution" has the meaning set forth in IC 21-18.5-2-12.

(Board for Proprietary Education; 571 IAC 1-1-3)

571 IAC 1-1-4 "Institution with a physical presence" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 4. "Institution with a physical presence" means an institution that currently occupies a physical location for student instruction or an administrative office to facilitate student instruction.

(Board for Proprietary Education; 571 IAC 1-1-4)

571 IAC 1-1-5 "Institution with no physical presence" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 5. "Institution with no physical presence" means an institution that does not currently occupy a physical location for student instruction or an administrative office to facilitate student instruction.

(Board for Proprietary Education; 571 IAC 1-1-5)

571 IAC 1-1-6 "Program" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 6. "Program" means each diploma, certificate, or degree program offered by an institution.

(Board for Proprietary Education; 571 IAC 1-1-6)

571 IAC 1-1-7 Application cycle

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-4; IC 21-18.5-6-12

Sec. 7. Institutions seeking initial authorization to operate in Indiana shall submit an application containing the requirements of IC 21-18.5-6-4 to the board for proprietary education with the fee outlined in section 9 of this rule.

(Board for Proprietary Education; 571 IAC 1-1-7)

571 IAC 1-1-8 Renewal cycle

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-4; IC 21-18.5-6-12

Sec. 8. Institutions shall renew authorization annually by submitting an application containing the requirements of IC 21-18.5-6-4 and the renewal fee outlined in section 9 of this rule.

(Board for Proprietary Education; 571 IAC 1-1-8)

571 IAC 1-1-9 Fee schedule

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 9. (a) The fees set by the board for proprietary education are as follows:

(1) Two thousand five hundred dollars ($2,500) per application for initial institutional authorization from an institution with a physical presence plus three hundred dollars ($300) per degree program for initial degree program authorization.

(2) Two thousand five hundred dollars ($2,500) per application for initial institutional authorization from an institution with no physical presence plus twenty-five dollars ($25) per program for initial program authorization.

(3) One thousand dollars ($1,000) per application for institutional authorization renewal from an institution with a physical presence plus twenty-five dollars ($25) per program for program renewal and three hundred dollars ($300) per degree program for initial degree program authorization.

(4) One thousand dollars ($1,000) per application for institutional authorization renewal from an institution with no physical presence plus twenty-five dollars ($25) per program for program renewal.

(b) Fees must be paid not later than thirty (30) days after the application has been submitted.

(c) Nonpayment will result in the denial of the institutional authorization or renewal and program authorization or renewal.

(d) Failure to pay in accordance with the fee payment schedule, which results in the substantial nonpayment of the fee, may result in the revocation of the institutional authorization or renewal and program authorization or renewal.

(e) Fees are nonrefundable and may not be refunded or applied to a subsequent application or renewal if the:

(1) institutional authorization or renewal, or program authorization or renewal, is denied or revoked; or

(2) application is withdrawn after the payment is deposited.

(Board for Proprietary Education; 571 IAC 1-1-9)

SECTION 2. This document expires four hundred twenty-five (425) days after the publisher accepts the Interim Final Rule for filing.

LSA Document #25-277

Approved by Governor: May 8, 2025

Filed with Publisher: June 19, 2025, 12:16 p.m.

Documents Incorporated by Reference: None Received by Publisher

State Budget Committee Agenda dated June 11, 2024: Received by Publisher

Indiana Register 20250910-IR-571250002FRA LSA Document 250002

TITLE 571 BOARD FOR PROPRIETARY EDUCATION

Final Rule

LSA Document #25-2

DIGEST

BPE FEE SCHEDULE

Adds 571 IAC 1 concerning incorporating the current fee schedule set by the Board for Proprietary Education (BPE) into the Indiana Administrative Code. Effective 30 days after filing with the publisher.

HISTORY

Notice of First Public Comment Period published January 22, 2025: 20250122-IR-571250002FNA

Regulatory Analysis submitted with Notice of First Public Comment Period: 20250122-IR-571250002RAA

60 Day Requirement published May 7, 2025: 20250507-IR-571250002ARA

Notice of Recall published May 19, 2025: 20250519-IR-571250002RCA

Date of Public Hearing: July 7, 2025

CITATIONS AFFECTED: 571 IAC 1

SUMMARY/RESPONSE TO COMMENTS

BPE requested public comment from January 22, 2025, through February 21, 2025, and during the public hearing on July 7, 2025. BPE received no comments in response to the Notice of First Public Comment Period.

FINAL RULE

SECTION 1. 571 IAC 1 IS ADDED TO READ AS FOLLOWS:

ARTICLE 1. BOARD FOR PROPRIETARY EDUCATION

Rule 1. Board for Proprietary Education

571 IAC 1-1-1 Applicability

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 1. The definitions in this rule apply throughout this article.

(Board for Proprietary Education; 571 IAC 1-1-1; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-2 "Board for proprietary education" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-5-1; IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 2. "Board for proprietary education" has the meaning set forth in IC 21-18.5-5-1.

(Board for Proprietary Education; 571 IAC 1-1-2; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-3 "Institution" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-2-12; IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 3. "Institution" has the meaning set forth in IC 21-18.5-2-12.

(Board for Proprietary Education; 571 IAC 1-1-3; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-4 "Institution with a physical presence" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 4. "Institution with a physical presence" means an institution that currently occupies a physical location for student instruction or an administrative office to facilitate student instruction.

(Board for Proprietary Education; 571 IAC 1-1-4; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-5 "Institution with no physical presence" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 5. "Institution with no physical presence" means an institution that does not currently occupy a physical location for student instruction or an administrative office to facilitate student instruction.

(Board for Proprietary Education; 571 IAC 1-1-5; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-6 "Program" defined

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 6. "Program" means each diploma, certificate, or degree program offered by an institution.

(Board for Proprietary Education; 571 IAC 1-1-6; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-7 Application cycle

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-4; IC 21-18.5-6-12

Sec. 7. Institutions seeking initial authorization to operate in Indiana shall submit an application containing the requirements of IC 21-18.5-6-4 to the board for proprietary education with the fee outlined in section 9 of this rule.

(Board for Proprietary Education; 571 IAC 1-1-7; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-8 Renewal cycle

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-4; IC 21-18.5-6-12

Sec. 8. Institutions shall renew authorization annually by submitting an application containing the requirements of IC 21-18.5-6-4 and the renewal fee outlined in section 9 of this rule.

(Board for Proprietary Education; 571 IAC 1-1-8; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

571 IAC 1-1-9 Fee schedule

Authority: IC 21-18.5-6-27

Affected: IC 21-18.5-6-3; IC 21-18.5-6-12

Sec. 9. (a) The fees set by the board for proprietary education are as follows:

(1) Two thousand five hundred dollars ($2,500) per application for initial institutional authorization from an institution with a physical presence plus three hundred dollars ($300) per degree program for initial degree program authorization.

(2) Two thousand five hundred dollars ($2,500) per application for initial institutional authorization from an institution with no physical presence plus twenty-five dollars ($25) per program for initial program authorization.

(3) One thousand dollars ($1,000) per application for institutional authorization renewal from an institution with a physical presence plus twenty-five dollars ($25) per program for program renewal and three hundred dollars ($300) per degree program for initial degree program authorization.

(4) One thousand dollars ($1,000) per application for institutional authorization renewal from an institution with no physical presence plus twenty-five dollars ($25) per program for program renewal.

(b) Fees must be paid not later than thirty (30) days after the application has been submitted.

(c) Nonpayment will result in the denial of the institutional authorization or renewal and program authorization or renewal.

(d) Failure to pay in accordance with the fee payment schedule, which results in the substantial nonpayment of the fee, may result in the revocation of the institutional authorization or renewal and program authorization or renewal.

(e) Fees are nonrefundable and may not be refunded or applied to a subsequent application or renewal if the:

(1) institutional authorization or renewal, or program authorization or renewal, is denied or revoked; or

(2) application is withdrawn after the payment is deposited.

(Board for Proprietary Education; 571 IAC 1-1-9; filed Aug 14, 2025, 1:24 p.m.: 20250910-IR-571250002FRA)

SECTION 2. LSA DOCUMENT #25-277, POSTED AT 20250625-IR-571250277IFA, IS REPEALED.

LSA Document #25-2(F)

Notice of First Public Comment Period: 20250122-IR-571250002FNA

Hearing Held: July 7, 2025

Approved by Attorney General: August 12, 2025

Approved by Governor: August 14, 2025

Filed with Publisher: August 14, 2025, 1:24 p.m.

Documents Incorporated by Reference: None Received by Publisher

State Budget Committee Agenda dated June 11, 2024: Received by Publisher

Small Business Regulatory Coordinator: Ross Miller, Director of State Authorization and Reciprocity, Board of Proprietary Education, 101 West Ohio Street, Suite 300, Indianapolis, IN 46204, (317) 232-1033