6-51-605. State Board of Private Career Education.

6-51-605. State Board of Private Career Education. (a)(1)(A) The Governor shall appoint a State Board of Private Career Education of seven (7) members who shall serve for terms of seven (7) years. (B) The Governor shall make appointments or reappointments to the board to provide membership of three (3) persons associated with schools and four (4) persons from the general public. (2) The Director of the Division of Higher Education and the Director of the Division of Career and Technical Education or their designees shall serve as nonvoting, ex officio members of the board. (b) The board may elect the necessary officers, acting by and through the Director of the Division of Higher Education. In consultation with the board, the Division of Higher Education shall have the sole authority to: (1) Approve all schools offering programs of study leading to or enhancing an occupational objective; (2) Administer and enforce this subchapter; and (3) Issue licenses to schools that have met the standards set forth for the purposes of this subchapter by the Division of Higher Education, including without limitation programs of study, adequate facilities, financial stability, qualified personnel, and legitimate operating practices. (c) Upon approval by the Division of Higher Education, any such school may issue certificates or diplomas. (d) The Division of Higher Education shall: (1) Formulate the criteria and the standards evolved for the approval of such licensed schools; (2) Provide for adequate investigation of all schools applying for a license; (3) Issue licenses to those applicants meeting the standards fixed by the Division of Higher Education; and (4) Maintain a list of schools approved under the provisions of this subchapter. (e) The Division of Higher Education shall formulate the standards evolved under this subchapter for the approval of admissions representatives of such licensed schools and issue licenses to those applicants meeting the standards fixed by the Division of Higher Education. (f) In consultation with the board, the Division of Higher Education shall promulgate standards and rules to be prescribed for the administration of this subchapter and the management and operation of the schools and admissions representatives, subject to the provisions of this subchapter. (g) The Division of Higher Education shall participate in the hearings provided to schools and admissions representatives in cases of revocation or denial of licensure. (h) Official meetings of the board may be called by the Chair of the State Board of Private Career Education as necessary, but meetings shall be held at least four (4) times a year. (i) A majority of favorable votes by the board members at an official meeting is required for adoption of a recommendation. (j) Board members may be reimbursed for expenses in accordance with § 25-16-901 and stipends according to § 25-16-903. (k) The board may adopt and use a seal, which may be used for the authentication of the recommendations of the board. (l) [Repealed.] (m)(1) The Division of Higher Education shall annually require background investigations for all partners or shareholders with ten percent (10%) or more ownership interest in a school when the school seeks an original license. (2) The Division of Higher Education may establish a schedule for periodic background checks for partners or shareholders with ten percent (10%) or more ownership interest in a school when seeking renewal of a school license. (n)(1) The partners or shareholders shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (3) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (4) Upon completion of the criminal background check, the Identification Bureau shall forward to the Division of Higher Education all information obtained concerning the person in the commission of any offense listed in § 6-51-606(h)(3). (5)(A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check. (B) The license shall be valid for no more than six (6) months. (C) Upon receipt of information from the Identification Bureau that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(h)(3), the Division of Higher Education shall revoke the license. (o)(1) The provisions of § 6-51-606(h) may be waived by the Division of Higher Education upon the request of: (A) An affected applicant for licensure; or (B) The partners or shareholders of a school holding a license subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat. (p)(1) Any information received by the Division of Higher Education from the Identification Bureau under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (q) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only. (r) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check required by this section. (s) In consultation with the board, the Division of Higher Education shall adopt the necessary rules to fully implement the provisions of this section.