                                 CODE OF VIRGINIA

REFUSAL, SUSPENSION, AND REVOCATION OF APPROVAL OR CERTIFICATION (§ 23.1-221)

A. 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:

   1. Submits or has submitted any false or misleading information to the Council
   in connection with its approval;

   2. Fails to meet or to maintain compliance with the Council&#8217;s
   regulations at any of its locations;

   3. 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&#8217;s regulations;

   4. Violates any provision of this article or the Council&#8217;s regulations;
   or

   5. Fails or refuses to furnish the Council with any requested information or
   records required by this article or the Council&#8217;s regulations.

B. 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&#8217;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 &#8220;public
university,&#8221; &#8220;public college,&#8221; and &#8220;community
college.&#8221;

C. 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 (&#xA7; 2.2-4018 et seq.) of Chapter 40
of Title 2.2.

D. 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 (&#xA7; 2.2-4018 et seq.) of Chapter 40
of Title 2.2.

E. In accordance with Article 3 (&#xA7; 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&#8217;s regulations may appeal such decision. The Council
shall make a final administrative decision on such appeal in accordance with the
Administrative Process Act (&#xA7; 2.2-4000 et seq.).

F. 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&#8217;s
regulations.

HISTORY: Code 1950, § 23-271; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178,
§ 23-276.6; 2003, c. 461; 2004, c. 991; 2005, c. 447; 2016, c. 588.