{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-221.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-221.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-221.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-221.html"}],"law_id":84806,"edition_id":1,"section_id":84806,"structure_id":15696,"section_number":"23.1-221","catch_line":"Refusal, suspension, and revocation of approval or certification","history":"Code 1950, \u00a7 23-271; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, \u00a7 23-276.6; 2003, c. 461; 2004, c. 991; 2005, c. 447; 2016, c. 588.","full_text":"A\n\nThe Council may refuse to grant a certification, may revoke or suspend a prior approval or certification, including any approval or authorization issued prior to July 1, 1980, and may add conditions to any approval or certification on such grounds as may be provided in its regulations or if the postsecondary school:1\n\nSubmits or has submitted any false or misleading information to the Council in connection with its approval;2\n\nFails to meet or to maintain compliance with the Council’s regulations at any of its locations;3\n\nPublicly makes or causes to be made any false or misleading representation that it has complied with any requirement of this article or the Council’s regulations;4\n\nViolates any provision of this article or the Council’s regulations; or5\n\nFails or refuses to furnish the Council with any requested information or records required by this article or the Council’s regulations.B\n\nThe Council may refuse to grant an approval or may place conditions on an approval for a request to use a name that incorporates terms deemed by the Council to be misleading to consumers, students, or the general public regarding the postsecondary school’s affiliation or association with any public institution of higher education but shall not add conditions to, revoke, or suspend a prior approval of a name. The Council shall, by regulation, designate the terms deemed to be misleading, which shall include “public university,” “public college,” and “community college.”C\n\nThe Council shall notify a postsecondary school by certified mail, return receipt requested, of its intention to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification and state in writing the reasons for the denial, suspension, revocation, or conditions. The postsecondary school may, within 10 days of receipt of the certified mail notice, submit a written request for a proceeding before the Council pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2.D\n\nThe Council may issue orders to comply with its regulations or the provisions of this article; unless an emergency exists, such orders shall only be issued after a proceeding pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2.E\n\nIn accordance with Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2, any postsecondary school aggrieved by (i) a decision of the Council to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification or (ii) any order to comply with this article or the Council’s regulations may appeal such decision. The Council shall make a final administrative decision on such appeal in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).F\n\nIn order to regain approval, a postsecondary school that has had its approval or certification revoked or suspended by the Council shall file a new application for certification and provide clear and convincing evidence that the conditions resulting in the suspension or revocation have been remedied and the postsecondary school is in compliance with this article and the Council’s regulations.","order_by":null,"text":{"0":{"id":303861,"text":"The Council may refuse to grant a certification, may revoke or suspend a prior approval or certification, including any approval or authorization issued prior to July 1, 1980, and may add conditions to any approval or certification on such grounds as may be provided in its regulations or if the postsecondary school:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":303862,"text":"Submits or has submitted any false or misleading information to the Council in connection with its approval;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":303863,"text":"Fails to meet or to maintain compliance with the Council’s regulations at any of its locations;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":303864,"text":"Publicly makes or causes to be made any false or misleading representation that it has complied with any requirement of this article or the Council’s regulations;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":303865,"text":"Violates any provision of this article or the Council’s regulations; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":303866,"text":"Fails or refuses to furnish the Council with any requested information or records required by this article or the Council’s regulations.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":303867,"text":"The Council may refuse to grant an approval or may place conditions on an approval for a request to use a name that incorporates terms deemed by the Council to be misleading to consumers, students, or the general public regarding the postsecondary school’s affiliation or association with any public institution of higher education but shall not add conditions to, revoke, or suspend a prior approval of a name. The Council shall, by regulation, designate the terms deemed to be misleading, which shall include “public university,” “public college,” and “community college.”","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":303868,"text":"The Council shall notify a postsecondary school by certified mail, return receipt requested, of its intention to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification and state in writing the reasons for the denial, suspension, revocation, or conditions. The postsecondary school may, within 10 days of receipt of the certified mail notice, submit a written request for a proceeding before the Council pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":303869,"text":"The Council may issue orders to comply with its regulations or the provisions of this article; unless an emergency exists, such orders shall only be issued after a proceeding pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":303870,"text":"In accordance with Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2, any postsecondary school aggrieved by (i) a decision of the Council to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification or (ii) any order to comply with this article or the Council’s regulations may appeal such decision. The Council shall make a final administrative decision on such appeal in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":303871,"text":"In order to regain approval, a postsecondary school that has had its approval or certification revoked or suspended by the Council shall file a new application for certification and provide clear and convincing evidence that the conditions resulting in the suspension or revocation have been remedied and the postsecondary school is in compliance with this article and the Council’s regulations.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15696,"edition_id":1,"name":"Regulation of Certain Private and Out-of-State Institutions of Higher Education","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14064,"metadata":{},"date_created":"2026-06-26 03:58:03","date_modified":"2026-06-26 03:58:03","permalink":{"id":184705,"object_type":"structure","relational_id":15696,"identifier":"3","token":"23.1\/I\/2\/3","url":"\/23.1\/I\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14064,"edition_id":1,"name":"State Council of Higher Education for Virginia","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13393,"metadata":{},"date_created":"2026-06-26 03:46:45","date_modified":"2026-06-26 03:46:45","permalink":{"id":184639,"object_type":"structure","relational_id":14064,"identifier":"2","token":"23.1\/I\/2","url":"\/23.1\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13393,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":184583,"object_type":"structure","relational_id":13393,"identifier":"I","token":"23.1\/I","url":"\/23.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71294,"structure_id":15696,"section_number":"23.1-213","catch_line":"Definitions","url":"\/23.1-213\/","token":"23.1\/I\/2\/3\/23.1-213","metadata":false},{"id":61081,"structure_id":15696,"section_number":"23.1-214","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/23.1-214\/","token":"23.1\/I\/2\/3\/23.1-214","metadata":false},{"id":60133,"structure_id":15696,"section_number":"23.1-215","catch_line":"Authority of the Council; regulations; standards for postsecondary schools; delegation of authority to Executive Director","url":"\/23.1-215\/","token":"23.1\/I\/2\/3\/23.1-215","metadata":false},{"id":64447,"structure_id":15696,"section_number":"23.1-216","catch_line":"Career College Advisory Board established","url":"\/23.1-216\/","token":"23.1\/I\/2\/3\/23.1-216","metadata":false},{"id":66073,"structure_id":15696,"section_number":"23.1-217","catch_line":"Certification required","url":"\/23.1-217\/","token":"23.1\/I\/2\/3\/23.1-217","metadata":false},{"id":61720,"structure_id":15696,"section_number":"23.1-218","catch_line":"List of postsecondary schools holding valid certification","url":"\/23.1-218\/","token":"23.1\/I\/2\/3\/23.1-218","metadata":false},{"id":74209,"structure_id":15696,"section_number":"23.1-219","catch_line":"Council certification; requirements and prohibitions","url":"\/23.1-219\/","token":"23.1\/I\/2\/3\/23.1-219","metadata":false},{"id":73720,"structure_id":15696,"section_number":"23.1-220","catch_line":"Approval procedures","url":"\/23.1-220\/","token":"23.1\/I\/2\/3\/23.1-220","metadata":false},{"id":84806,"structure_id":15696,"section_number":"23.1-221","catch_line":"Refusal, suspension, and revocation of approval or certification","url":"\/23.1-221\/","token":"23.1\/I\/2\/3\/23.1-221","metadata":false},{"id":77929,"structure_id":15696,"section_number":"23.1-222","catch_line":"Emergency actions","url":"\/23.1-222\/","token":"23.1\/I\/2\/3\/23.1-222","metadata":false},{"id":83508,"structure_id":15696,"section_number":"23.1-223","catch_line":"Preservation of students' records","url":"\/23.1-223\/","token":"23.1\/I\/2\/3\/23.1-223","metadata":false},{"id":84204,"structure_id":15696,"section_number":"23.1-224","catch_line":"Fees","url":"\/23.1-224\/","token":"23.1\/I\/2\/3\/23.1-224","metadata":false},{"id":61964,"structure_id":15696,"section_number":"23.1-225","catch_line":"Prohibited acts","url":"\/23.1-225\/","token":"23.1\/I\/2\/3\/23.1-225","metadata":false},{"id":74161,"structure_id":15696,"section_number":"23.1-226","catch_line":"Exemptions","url":"\/23.1-226\/","token":"23.1\/I\/2\/3\/23.1-226","metadata":false},{"id":64724,"structure_id":15696,"section_number":"23.1-227","catch_line":"Laws of the Commonwealth to apply to contracts","url":"\/23.1-227\/","token":"23.1\/I\/2\/3\/23.1-227","metadata":false},{"id":76711,"structure_id":15696,"section_number":"23.1-228","catch_line":"Violations; penalties; remedies","url":"\/23.1-228\/","token":"23.1\/I\/2\/3\/23.1-228","metadata":false},{"id":71518,"structure_id":15696,"section_number":"23.1-229","catch_line":"Postsecondary school closure procedures","url":"\/23.1-229\/","token":"23.1\/I\/2\/3\/23.1-229","metadata":false},{"id":86216,"structure_id":15696,"section_number":"23.1-230","catch_line":"Enrollment agreements required","url":"\/23.1-230\/","token":"23.1\/I\/2\/3\/23.1-230","metadata":false}],"previous_section":{"id":73720,"structure_id":15696,"section_number":"23.1-220","catch_line":"Approval procedures","url":"\/23.1-220\/","token":"23.1\/I\/2\/3\/23.1-220","metadata":false},"next_section":{"id":77929,"structure_id":15696,"section_number":"23.1-222","catch_line":"Emergency actions","url":"\/23.1-222\/","token":"23.1\/I\/2\/3\/23.1-222","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-221\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 658; in 1996, chapters 691<\/a> and 832<\/a>; in 2002, chapter 178<\/a>; in 2003, chapter 461<\/a>; in 2004, chapter 991<\/a>; in 2005, chapter 447<\/a>; in 2016, chapter 588<\/a>.<\/p>","references":[{"id":74161,"section_number":"23.1-226","catch_line":"Exemptions","order_by":null,"url":"\/23.1-226\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"}],"permalink":{"id":184739,"object_type":"law","relational_id":84806,"identifier":"23.1-221","token":"23.1\/I\/2\/3\/23.1-221","url":"\/23.1-221\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-221\/","token":"23.1\/I\/2\/3\/23.1-221","dublin_core":{"Title":"Refusal, suspension, and revocation of approval or certification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-221","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Council<\/span> may refuse to grant a certification, may revoke or suspend a prior approval or certification, including any approval or authorization issued prior to July 1, 1980, and may add conditions to any approval or certification on such grounds as may be provided in its regulations or if the postsecondary school<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Submits or has submitted any false or misleading information to the Council<\/span> in connection with its approval; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Fails to meet or to maintain compliance with the Council<\/span>’s regulations at any of its locations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Publicly makes or causes to be made any false or misleading representation that it has complied with any requirement of this article or the Council<\/span>’s regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Violates any provision of this article or the Council<\/span>’s regulations; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Fails or refuses to furnish the Council<\/span> with any requested information or records required by this article or the Council<\/span>’s regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Council<\/span> may refuse to grant an approval or may place conditions on an approval for a request to use a name that incorporates terms deemed by the Council<\/span> to be misleading to consumers, students, or the general public regarding the postsecondary school<\/span>’s affiliation or association with any public institution of higher education<\/span><\/span> but shall not add conditions to, revoke, or suspend a prior approval of a name. The Council<\/span> shall, by regulation, designate the terms deemed to be misleading, which shall include “public university<\/span>,” “public college<\/span>,” and “community college<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Council<\/span> shall notify a postsecondary school<\/span> by certified mail, return receipt requested, of its intention to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification and state in writing the reasons for the denial, suspension, revocation<\/span>, or conditions. The postsecondary school<\/span> may, within 10 days of receipt of the certified mail notice, submit a written request for a proceeding before the Council<\/span> pursuant to Article 3 (§ 2.2-4018<\/a> et seq.) of Chapter 40 of Title 2.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Council<\/span> may issue<\/span> orders<\/span> to comply with its regulations or the provisions of this article; unless an emergency exists, such orders<\/span> shall only be issued after a proceeding pursuant to Article 3 (§ 2.2-4018<\/a> et seq.) of Chapter 40 of Title 2.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In accordance with Article 3 (§ 2.2-4018<\/a> et seq.) of Chapter 40 of Title 2.2, any postsecondary school<\/span> aggrieved by (i) a decision of the Council<\/span> to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification or (ii) any order<\/span> to comply with this article or the Council<\/span>’s regulations may appeal<\/span> such decision. The Council<\/span> shall make a final administrative decision on such appeal<\/span> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In order<\/span> to regain approval, a postsecondary school<\/span> that has had its approval or certification revoked or suspended by the Council<\/span> shall file a new application for certification and provide clear and convincing evidence<\/span> that the conditions resulting in the suspension or revocation<\/span> have been remedied and the postsecondary school<\/span> is in compliance with this article and the Council<\/span>’s regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFUSAL, SUSPENSION, AND REVOCATION OF APPROVAL OR CERTIFICATION (\u00a7 23.1-221)\n\nA. The Council may refuse to grant a certification, may revoke or suspend a\nprior approval or certification, including any approval or authorization issued\nprior to July 1, 1980, and may add conditions to any approval or certification\non such grounds as may be provided in its regulations or if the postsecondary\nschool:\n\n 1. Submits or has submitted any false or misleading information to the Council\n in connection with its approval;\n\n 2. Fails to meet or to maintain compliance with the Council’s\n regulations at any of its locations;\n\n 3. Publicly makes or causes to be made any false or misleading representation\n that it has complied with any requirement of this article or the\n Council’s regulations;\n\n 4. Violates any provision of this article or the Council’s regulations;\n or\n\n 5. Fails or refuses to furnish the Council with any requested information or\n records required by this article or the Council’s regulations.\n\nB. The Council may refuse to grant an approval or may place conditions on an\napproval for a request to use a name that incorporates terms deemed by the\nCouncil to be misleading to consumers, students, or the general public regarding\nthe postsecondary school’s affiliation or association with any public\ninstitution of higher education but shall not add conditions to, revoke, or\nsuspend a prior approval of a name. The Council shall, by regulation, designate\nthe terms deemed to be misleading, which shall include “public\nuniversity,” “public college,” and “community\ncollege.”\n\nC. The Council shall notify a postsecondary school by certified mail, return\nreceipt requested, of its intention to deny an application, suspend or revoke a\nprior approval or certification, or add conditions to an approval or\ncertification and state in writing the reasons for the denial, suspension,\nrevocation, or conditions. The postsecondary school may, within 10 days of\nreceipt of the certified mail notice, submit a written request for a proceeding\nbefore the Council pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40\nof Title 2.2.\n\nD. The Council may issue orders to comply with its regulations or the provisions\nof this article; unless an emergency exists, such orders shall only be issued\nafter a proceeding pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40\nof Title 2.2.\n\nE. In accordance with Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title\n2.2, any postsecondary school aggrieved by (i) a decision of the Council to deny\nan application, suspend or revoke a prior approval or certification, or add\nconditions to an approval or certification or (ii) any order to comply with this\narticle or the Council’s regulations may appeal such decision. The Council\nshall make a final administrative decision on such appeal in accordance with the\nAdministrative Process Act (§ 2.2-4000 et seq.).\n\nF. In order to regain approval, a postsecondary school that has had its approval\nor certification revoked or suspended by the Council shall file a new\napplication for certification and provide clear and convincing evidence that the\nconditions resulting in the suspension or revocation have been remedied and the\npostsecondary school is in compliance with this article and the Council’s\nregulations.\n\nHISTORY: Code 1950, \u00a7 23-271; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178,\n\u00a7 23-276.6; 2003, c. 461; 2004, c. 991; 2005, c. 447; 2016, c. 588.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}