(1)Except as otherwise provided
in this section, after review of an initial application for a recurrent authorization to operate, including
any further information submitted by the applicant as required by the commission
and any investigation of the applicant as the commission may deem necessary
or appropriate, the commission shall grant or deny the application for an initial recurrent authorization to operate. A grant
of an initial recurrent authorization
to operate may be on such terms and conditions as the commission may specify.
Such authorization shall be for a five-year period unless the commission determines
that a shorter period of time is appropriate based on the standards established
pursuant to section 85-2406 .
(2)After review of an application to renew a
recurrent authoriza
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(1) Except as otherwise provided
in this section, after review of an initial application for a recurrent authorization to operate, including
any further information submitted by the applicant as required by the commission
and any investigation of the applicant as the commission may deem necessary
or appropriate, the commission shall grant or deny the application for an initial recurrent authorization to operate. A grant
of an initial recurrent authorization
to operate may be on such terms and conditions as the commission may specify.
Such authorization shall be for a five-year period unless the commission determines
that a shorter period of time is appropriate based on the standards established
pursuant to section 85-2406 .
(2) After review of an application to renew a
recurrent authorization to operate which
shall include any further information submitted by the applicant
as required by the commission and any investigation of the applicant as the
commission may deem necessary or appropriate, the commission shall grant or
deny the application. Renewal
of a recurrent authorization
to operate may be on such terms and conditions as the commission may specify.
Such authorization shall be for a five-year period unless the commission determines
that a shorter renewal period is appropriate based on the standards established
pursuant to section 85-2406 .
(3) If an
institution has, for at least twenty academic years under the
same ownership, continuously offered one or more graduate or four-year undergraduate programs
with a physical presence in Nebraska in compliance with state and federal
law, the institution may request
authorization to operate on a continuing basis. After review of the request
which shall include any further information submitted by the applicant as
required by the commission and any investigation of the institution as the
commission may deem necessary or appropriate, the commission shall
grant authorization to operate on a continuing basis unless the commission
determines that an additional recurrent
authorization to operate is appropriate based on the level of compliance with the standards established
pursuant to section 85-2406 .
(4) Except as otherwise provided
in this section, modifications, as defined by the commission in rules and
regulations, to an existing recurrent authorization
to operate, but not to an authorization to operate on a continuing basis,
shall require an application to the commission. After review of the application,
including any further information submitted by the applicant as required by
the commission and any investigation of the applicant as the commission may
deem necessary or appropriate, the commission shall grant or deny the application.
Approval of the application may be on such terms and conditions as the commission
may specify. Such recurrent authorization to operate shall
replace the existing recurrent authorization to operate and shall
be for a five-year period unless the commission determines that a shorter
period of time is appropriate based on the standards established pursuant
to section 85-2406 .
(5) If an application for
an initial recurrent authorization
to operate or a modification to an existing recurrent authorization
to operate includes a request to establish a new campus in this state, as
defined by the commission in rules and regulations, the commission shall hold
a public hearing. The hearing shall be scheduled following a completed review
of the application for a recurrent authorization
to operate or the modification of a recurrent authorization
to operate, including any further information submitted by the applicant as
required by the commission and any investigation of the applicant as the commission
may deem necessary or appropriate, and shall be conducted according to the
Administrative Procedure Act. After the public hearing, the commission shall
grant or deny the application. A grant of a
recurrent authorization to operate or the modification of a recurrent authorization to operate may be
on such terms and conditions as the commission may specify. Such authorization
or modification shall be for a five-year period unless the commission determines
that a shorter period of time is appropriate based on the standards established
pursuant to section 85-2406 .