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Title 20 . Miscellaneous Boards and Commissions
Chapter 17 . Mental Health Trust Authority
Section 20. Application for authorization to operate

20 AAC 17.020. Application for authorization to operate

(a) Repealed 10/11/95.

(b) The commission will send application materials, including the fee and bonding schedules, to a postsecondary educational institution requesting authorization to operate in this state.

(c) A completed application, including accompanying documents, appropriate fees under 20 AAC 17.055, financial statements prepared in compliance with 20 AAC 17.060, and evidence of bonding or other security, must be received by the commission at least 90 days before the commission meeting at which the application is to be considered. Upon receipt of the completed application, the commission staff shall place the institution on applicant status for a period of up to one year. Commission staff shall inform the institution of the items missing from an incomplete application and will set a deadline for submitting those items.

(d) The commission will review the application materials and notify the institution of any further review requirements within 30 days of receipt of those materials.

(e) During the applicant status period, the commission will establish, as considered necessary, a date for on-site visitation and evaluation of the applicant institution.

(f) If it is determined, during either application review or on-site visitation, that the institution does not qualify for commission authorization or exemption, the commission will, in its discretion, either:

(1) deny authorization and notify the institution by certified mail of the denial and of the penalty provisions for operation without authorization; or

(2) issue a provisional authorization to operate, notify the institution of the reasons for the provisional status, and establish a time period, up to 12 months, during which the institution must satisfy requirements for a non-provisional authorization to operate.

(g) If, after review of the application materials and the on-site visitation, or after a period of provisional authorization, the institution is found to qualify for commission authorization, the institution will be granted authorization to operate. This authorization is valid for a period of between one year and three years, as determined by the commission. However, the initial authorization for any institution will not exceed two years.

(h) Commission review of the content of education programs and curricula of a religious nature will not involve the merits of the religious teachings.

(i) The commission staff shall assess a fee of $250 for an application submitted more than 10 business days after a due date established in (c) of this section, or which remains incomplete more than 10 business days after a due date established under (c) of this section. The fee must be paid before an application is considered complete.

History: Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 3/16/91, Register 117; am 10/11/95, Register 136; am 8/26/98, Register 147; am 4/20/2000, Register 154; am 12/31/2005, Register 176

Authority: AS 14.48.050

AS 14.48.070


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Last modified 7/05/2006