20 AAC 17.015. Exemptions

(a) Upon receipt of the written application and fee, if required under (h) of this section, to the commission documenting that the applicant qualifies under this subsection, the commission staff shall exempt from the authorization provisions of AS 14.48 and this chapter the following educational programs, and institutions providing only the following educational programs:

(1) a program sponsored by and conducted solely for the members of a bona fide trade, business, professional, labor, or fraternal organization that is maintained in good faith for purposes other than operating an educational institution;

(2) a program that does not offer educational credentials and is provided without charging a fee, other than the actual cost of materials, to its students;

(3) a program or institution that is regulated by another agency or political subdivision of the state that sets and enforces at least equivalent standards for the quality of course contents, facilities, and operation, including retention and management of student records;

(4) a short course of study that is no more than 80 hours or 10 days in duration;

(5) a nationally or regionally accredited program offered within the state by an out-of-state institution that is authorized to operate by the state in which it is located; or

(6) a program that does not result in the awarding of a degree, and that is sponsored by and conducted solely for the membership of a bona fide religious organization.

(7) a flight-training course that has been certified under 14 C.F.R. Part 141 or Part 142.

(b) Upon written application to the commission documenting that the applicant qualifies under this subsection, the commission staff shall exempt from the bonding and fee requirements of AS 14.48 and this chapter an institution that

(1) does not charge a fee for its programs; or

(2) is operated by a state or a political subdivision of a state.

(c) Upon written application to the commission documenting that the applicant qualifies under this subsection, the commission staff shall exempt from the bonding requirements of AS 14.48 and this chapter an accredited institution that

(1) is exempt from taxation under 26 U.S.C. 501(c)(3);

(2) offers undergraduate or graduate educational programs, from a facility in this state, that are acceptable for credit toward an accredited associate, bachelor's, or graduate degree awarded by that institution; and

(3) is financially sound; for purposes of this paragraph, an accredited institution is financially sound if the conditions and events set out in 20 AAC 17.045(i) are absent.

(d) For the purposes of (a) of this section,

(1) a fraternal organization is a civic, service, or charitable organization in the state, not for pecuniary profit, that is a branch, lodge, or chapter of a national or state organization and exists for the common business, fellowship, or other interest of its members; the term does not include a college or high school fraternity;

(2) a labor organization is one, not for pecuniary profit, that is constituted to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms or conditions of employment or other mutual aid or protection in connection with employees;

(3) a trade, business, or professional organization is one, not for pecuniary profit, that is composed of persons all of whom are or were actively engaged in the same trade, business, or profession;

(4) a religious organization is one that is tax exempt under 26 U.S.C. 501(c)(3) as a religious organization and that offers and provides postsecondary education solely in the form of religious training to persons who hold or seek to learn the particular religious faith or beliefs of that religious organization;

(5) a short course of study is one that

(A) results in its own certificate or credential and is not part of a sequence of classes for which the institution of enrollment awards any program credential or certificate;

(B) does not include a requirement that students register for or make a financial commitment to a longer program in addition to the individual class;

(D) is not advertised as leading to any professional credential or certification for which the certifying entity publishes a curriculum that exceeds 80 hours.

(e) An institution exempted under this section from some of the requirements of AS 14.48 and this chapter is not exempted from the requirements of AS 14.48.060 (b), 14.48.130, 14.48.150, 14.48.170, and 14.48.180 - 14.48.210 and the regulations in this chapter that implement, interpret, or make specific those sections. An institution exempted from authorization requirements under (a)(1) or (6) of this section must include a conspicuous statement on marketing, admissions, and enrollment materials setting out verbatim 20 AAC 17.015 (a)(1) or (6), whichever is applicable, and informing that the institution is exempt from authorization requirements under AS 14.48 and this chapter.

(f) An institution exempted from authorization requirements under (a)(1), (2), (4), (5), (6) or (7) of this section must recertify biennially that the educational programs and institution continue to meet requirements for exempt status under this section. A request for recertification must be submitted on forms provided by the commission.

(g) An institution exempted from authorization provisions of AS 14.48 and this chapter must retain the document required under AS 14.48.165 (b) for a period of at least one year after the student's last date of attendance.

(h) An institution exempted under (a)(4) - (7) of this section shall submit an application fee described in 20 AAC 17.055(a) (5).

History: Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 1/30/87, Register 101; am 9/15/88, Register 107; am 3/25/90, Register 113; am 5/4/90, Register 114; am 10/11/95, Register 136; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 3/1/2002, Register 161; am 12/31/2005, Register 176

Authority: AS 14.42.030

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