TITLE 8. EDUCATION
Title of Regulation: 8VAC40-31. Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates (amending 8VAC40-31-260).
Statutory Authority: §§ 23.1-215 and 23.1-224 of the Code of Virginia.
Effective Date: December 7, 2022.
Agency Contact: Beverly Rebar, Senior Associate for Academic and Legislative Affairs, State Council of Higher Education for Virginia, 101 North 14 Street, 9th Floor, Richmond, VA 23219, telephone (804) 371-0571, FAX (804) 225-2604, or email beverlyrebar@schev.edu.
Summary:
The amendments increase fees to cover the essential functions of the Private Postsecondary Education unit of the Academic Affairs division of the State Council of Higher Education for Virginia.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
8VAC40-31-260. Fees.
A. All fees collected by council staff will be deposited in the State Treasury.
B. All fees are nonrefundable with the exception of withdrawal of an application in which case all fees will be refunded minus a nonrefundable administrative fee noted in subsection D of this section.
C. Fees must be paid with a company check and made payable to the Treasurer of Virginia.
D. The annual fee is based on the annual gross tuition received by each administrative branch of institutions certified to operate in Virginia. For out-of-state institutions certified to operate in Virginia, annual gross tuition means income generated from students enrolled at Virginia locations. The flat fee schedule is as follows:
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New school orientation session, per person
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$150
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Initial fee for all new institutions of higher education
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$6,000 $10,000
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Initial fee for all new career-technical non-degree postsecondary schools
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$2,500
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Annual fee for all unaccredited institutions of higher education
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$6,000 $10,000
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Initial fee for out-of-state online institutions of higher education that are not members of NC-SARA
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$10,000
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Renewal fee for out-of-state online institutions of higher education that are not members of NC-SARA
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$10,000
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Renewal fee for all postsecondary schools with an annual gross tuition collected less than $50,000, as recorded on most recent financial statement
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$250
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $50,000 but less than $100,000, as recorded on most recent financial statement
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$1,000 $1,200
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $100,000 but less than $500,000, as recorded on most recent financial statement
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$2,500 $3,000
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $500,000 but less than $1,000,000, as recorded on most recent financial statement
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$4,000 $6,000
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $1,000,000, but less than $5,000,000, as recorded on most recent financial statement
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$5,000 $7,500
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $5 million, as recorded on most recent financial statement
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$10,000
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Returned check fee
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$35
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Initial or renewed exemption application/request application or request for name acknowledgement/agent acknowledgment or agent registration
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$300 $350
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Nonrefundable administrative fee (withdrawal of application)
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$500 career-technical, non-degree
$1000 $2,000 institutions of higher education
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Request for change in degree level authorization
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$1,000
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Request duplicate certificate to operate due to school name or address change
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$100
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Request duplicate agent permit, to replace lost/stolen/misplaced lost, stolen, or misplaced permit
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$100
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Application fee for each additional site instructional location
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$100 $300
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Application fee for each additional program, or modification to an existing program, or program deletion
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$100
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E. A school that submits a payment that is returned for any reason must resubmit the required payment, any applicable late fee, and the assessed returned check fee of $35 via a money order or certified bank check only.
VA.R. Doc. No. R21-6185; Filed October 05, 2022