§ 94880. — 94880. (Amended by Stats. 2021, Ch. 552, Sec. 5.)

California § 94880.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 10.
• Title 3.: DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS
• Part 59.: PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS
• Ch. 8.: CHAPTER 8. Private Postsecondary Institutions
• Art. 5.: ARTICLE 5. Bureau Powers and Duties

Text

(a)
There is within the bureau a 12-member advisory committee. The members of the committee shall be appointed as follows:
(1)
Three members, who shall have a demonstrated record of advocacy on behalf of consumers, of which the director, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint one member.
(2)
Two members, who shall be current or past students of institutions, appointed by the director.
(3)
Three members, who shall be representatives of institutions, appointed by the director.
(4)
One public member appointed by the Senate Committee on
Rules.
(5)
One public member appointed by the Speaker of the Assembly.
(6)
Two nonvoting, ex officio members as follows:
(A)
The chair of a policy committee of the Assembly with jurisdiction over legislation relating to the bureau appointed by the Speaker of the Assembly. The chair may designate a representative for any meeting or meetings the chair is unable to attend.
(B)
The chair of a policy committee of the Senate with jurisdiction over legislation relating to the bureau appointed by the Senate Committee on Rules. The chair may designate a representative for any meeting or meetings the chair is unable to attend.
(b)
(1)
A member appointed pursuant to paragraph
(2), (4), or (5) of subdivision (a) shall not, either at the time of the member’s appointment or during the member’s tenure in office, have any financial interest in any organization currently or previously subject to regulation by the bureau, be a close family member of an employee, officer, or the director of any institution subject to regulation by the bureau, or currently have, or previously have had, a business relationship, in the five years preceding the member’s appointment, with any institution subject to regulation by the bureau.
(2)
A member appointed pursuant to paragraph (2), (4), or (5) of subdivision (a) shall not, within the five years immediately preceding the member’s appointment, have engaged in pursuits on behalf of an institution or institutional accreditor or have provided representation to the postsecondary educational industry or a profession regulated by the bureau, if the member is employed in the industry or a member
of the profession, respectively, and the member shall not engage in those pursuits or provide that representation during the member’s term of office.
(c)
The advisory committee shall examine the oversight functions and operational policies of the bureau and advise the bureau with respect to matters relating to private postsecondary education and the administration of this chapter, including annually reviewing the fee schedule and the equity of the schedule relative to the way institutions are structured, and the licensing and enforcement provisions of this chapter. The advisory committee shall make recommendations with respect to policies, practices, and regulations relating to private postsecondary education, and shall provide any assistance as may be requested by the bureau.
(d)
The bureau shall actively seek input from, and consult with, the advisory committee regarding the
development of regulations to implement this chapter before the adoption, amendment, or repeal of its regulations, and provide the advisory committee with sufficient time to review and comment on those regulations. The bureau shall take into consideration and respond to all feedback provided by members of the advisory committee.
(e)
The bureau chief shall attend all advisory committee meetings and shall designate staff to provide ongoing administrative support to the advisory committee.
(f)
Until January 1, 2017, the director shall personally attend, and testify and answer questions at, each meeting of the advisory committee.
(g)
The Chief of the Office of Student Assistance and Relief established in Article 20.6 (commencing with Section 94949.7) shall attend, and testify and answer questions at, each meeting of the
advisory committee.
(h)
The advisory committee shall have the same access to records within the Department of Consumer Affairs related to the operation and administration of this chapter as do members of constituent boards of the department in regard to records related to their functions.
(i)
Advisory committee meetings shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory committee meeting materials shall be posted on the internet. A majority of the voting members of the committee shall constitute a quorum for the committee’s meetings.
(j)
The advisory committee shall meet at least quarterly and shall appoint a member of the committee to represent the committee for purposes of communicating
with the Legislature.
(k)
The Department of Consumer Affairs shall review, and revise if necessary, the department’s conflicts of interest regulations to ensure that each advisory committee member is required to disclose conflicts of interest to the public.
(l)
The advisory committee shall elect annually from among its members a chair and vice chair. A member shall not serve in the chair or vice chair position for more than a combined two years.
(m)
The advisory committee shall adopt reasonable rules for the conduct of its affairs consistent with this section.

Legislative History

Amended by Stats. 2021, Ch. 552, Sec. 5. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.