NOTICE OF PROPOSED CHANGES ON APPEAL PROCESS RELATED TO PARTICIPATION IN THE NATIONAL COUNCIL FOR STATE AUTHORIZATION RECIPROCITY AGREEMENTS (NC-SARA) PROGRAM IN THE REGULATIONS OF THE ALASKA COMMISSION ON POSTSECONDARY EDUCATION

BRIEF DESCRIPTION

The Alaska Commission on Postsecondary Education proposes to change regulations on the appeal process related to participation in the National Council for State Authorization Reciprocity Agreements (NC-SARA) program.

The Alaska Commission on Postsecondary Education (ACPE) proposes to adopt regulations changes in Title 20, Chapter 17 of the Alaska Administrative Code, dealing with hearing and resolving appeals from institutions that may be denied participation in the National Council for State Authorization Reciprocity Agreements (NC-SARA) program, including the following:

(1)  20 AAC 17.018(a), Denial of exemption. The proposed change would set out an appeal process if the Commission denies an application for participation in NC-SARA.

(2)  20 AAC 17.018(b), Denial of exemption. The proposed change would clarify the process for requesting a hearing in response to an appeal decision.

(3)  20 AAC 17.018, Denial of exemption.  Adding subsection (c) is proposed to make explicit the appellant’s status as a participant or non-participant pending any appeal process decision.  

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Executive Director of the Commission at P. O. Box 110505, Juneau, Alaska 99811-0505. Additionally, the Commission will accept comments by facsimile at (907) 465-5316 and by electronic mail at EED.ACPE-ExecDirector@Alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received not later than 4:30 p.m. on January 4, 2021.

You may submit written questions relevant to the proposed action to the Executive Director of the Commission at P. O. Box 110505, Juneau, Alaska 99811-0505, or by email at EED.ACPE-ExecDirector@Alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Commission will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and at www.acpe.alaska.gov.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joseph Felkl at (907) 465-6718 or by email at Joseph.Felkl@alaska.gov no later than December 28, 2020, to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Joseph Felkl at (907) 465-6718 or by email at Joseph.Felkl@alaska.gov.

After the public comment period ends, ACPE will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 14.48.020; AS 14.48.030; AS 14.48.050.

Statutes being implemented, interpreted, or made specific: AS 14.48.100; AS 14.48.110.

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:   November 30, 2020

By: /s/  Stephanie Butler 
Executive Director
Alaska Commission on Postsecondary Education

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.  Adopting agency: Alaska Commission on Postsecondary Education.  

2.  General subject of regulation: dealing with hearing and resolving appeals from institutions that may be denied participation in the National Council for State Authorization Reciprocity Agreements (NC-SARA) program.

3.  Citation of regulation (may be grouped):  20 AAC 17.018

4.  Department of Law file number, if any:   

5.  Reason for the proposed action:
(   )    Compliance with federal law or action (identify):
(   )    Compliance with new or changed state statute
(   )    Compliance with federal or state court decision (identify):   
(X)    Development of program standards
(   )    Other (identify):   

6.  Appropriation/Allocation: Department of Education and Early Development / Alaska Commission on Postsecondary Education / Program Administration & Operation / 2738

7.  Estimated annual cost to comply with the proposed action to:
A private person: None
Another state agency: None
A municipality: None

8.  Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year      Subsequent
FY   2021        Years
Operating Cost                   $   -0-               $   -0-        
Capital Cost                        $   -0-               $   -0-        
1002 Federal receipts         $   -0-               $   -0-        
1003 General fund match   $   -0-               $   -0-        
1004 General fund             $   -0-               $   -0-        
1005 General fund/
program                             $   -0-               $   -0-        
Other (identify)                   $   -0-               $   -0-        

9.  The name of the contact person for the regulation:
Name:  Joseph Felkl
Title:  Executive Secretary
Address:  P.O. Box 110505, Juneau, AK 99811
Telephone:  (907) 465-6718
E-mail address:  joseph.felkl@alaska.gov

10.  The origin of the proposed action:
__X___  Staff of state agency
_____     Federal government
_____     General public
_____     Petition for regulation change
_____     Other (identify):

11.  Date: December 1, 2020    Prepared by: /s/ Joseph Felkl
Name (printed): Joseph Felkl
Title (printed): Executive Secretary
Telephone: (907) 465-6718

FOR THE COMPLETE NOTICE OF PROPOSED CHANGES, SEE THE PDF ATTACHMENTS BELOW.