Nevada 2019 Regular Session Status: Enacted

AB 526 — Revises provisions relating to the Commission on Postsecondary Education. (BDR 34-1214)

Last action — Approved by the Governor. Chapter 391.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 03, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to education; authorizing the Commission on Postsecondary Education to suspend the approval of or disapprove certain courses of training in certain circumstances; establishing a process for the appeal of such a suspension; providing for an additional voting member on the Commission who represents veterans; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

292 added · 317 removed

292 line(s) added, 317 removed.

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EXEMPT (Reprinted with amendments adopted on May 27, 2019) FIRST REPRINT A.B.
Assembly Bill No.
526 A SSEMBLY B ILLN O.
526–Committee on Ways and Means CHAPTER..........
526–COMMITTEE ON W AYS AND M EANS (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M AY 3, 2019 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions relating to the Commission on Postsecondary Education.
(BDR 34-1214) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Under existing federal law, an eligible person or veteran receives certain approved for the training of veterans by the State approving agency or is approved for the training of veterans in certain other circumstances.
Under existing federal law, an eligible person or veteran receives certain educational benefits while enrolled in a course of education if the course is approved for the training of veterans by the State approving agency or is approved C.F.R.
(38 U.S.C.
§ 21.4250) Existing federal law authorizes the State approving agency,2;
§ 3672;
38 which in the State of Nevada is the Commission on Postsecondary Education, to suspend or withdraw the approval of such a course if the course fails to meet the requirements for approval.
38 C.F.R.
§ 21.4250) Existing federal law authorizes the State approving agency, which in the State of Nevada is the Commission on Postsecondary Education, to suspend or withdraw the approval of such a course if the course fails to meet the requirements for approval.
§§ 21.4150, 21.4259) Existing law Commission grants licenses to postsecondary educational institutions in this State.
§§ 21.4150, 21.4259) Existing law establishes the Commission on Postsecondary Education.
(NRS 394.415) Under existing law, the Commission may also, without limitation, authorize a postsecondary educational institution to offer a degree in a specific subject and add vocational programs or degrees in specific subjects.
(NRS 394.383) The Commission grants licenses to postsecondary educational institutions in this State.
(NRS 394.421) Existing regulations also provide that any institution licensed by or under the jurisdiction of an agency of government which seeks or has obtained approval to (NAC 394.375)g to veterans is subject to the regulations of the Commission.
authorize a postsecondary educational institution to offer a degree in a specific subject and add vocational programs or degrees in specific subjects.
- *AB526_R1* – 2 – Section 1 of this bill authorizes the Commission to suspend the approval of a course for the training of veterans in certain circumstances.
(NRS 394.421) Existing regulations also provide that any institution licensed by or under the jurisdiction of an agency of government which seeks or has obtained approval to offer training to veterans is subject to the regulations of the Commission.
Section 1 requires the Commission to disapprove such a course in certain circumstances.
(NAC 394.375) Section 1 of this bill authorizes the Commission to suspend the approval of a Commission to disapprove such a course in certain circumstances.
Section 1 further institution of the suspension of a course and include certain information in such notification.
Section 1 furtherhe requires the Commission to provide notification to a postsecondary educational institution of the suspension of a course and include certain information in such notification.
- 80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
or (b) The institution has permanently closed or no longer has the legal authority to operate.
or the legal authority to operate.anently closed or no longer has 2.
2.
If an institution corrects the deficiencies identified by the Commission in the statement submitted to the institution pursuant to subsection 2 during the period of suspension imposed pursuant - *AB526_R1* – 3 – to subsection 1, the Commission shall rescind the suspension of approval of the course.
If an institution corrects the deficiencies identified by the Commission in the statement submitted to the institution pursuant to subsection 2 during the period of suspension imposed pursuant to subsection 1, the Commission shall rescind the suspension of approval of the course.
Except as otherwise provided by federal law, the Commission shall grant a request for a hearing submitted by a postsecondary educational institution not less than 10 business days after the date the institution receives a notification of suspension of approval sent pursuant to subsection 2.
Except as otherwise provided by federal law, the Commission shall grant a request for a hearing submitted by a postsecondary educational institution not less than 10 business suspension of approval sent pursuant to subsection 2.
The request for a hearing must be in writing and may be sent to the Administrator by electronic mail, facsimile or certified mail, return receipt requested.
The request for a hearing must be in writing and may be sent to the - 80th Session (2019) – 3 – return receipt requested.ic mail, facsimile or certified mail, 5.
5.
The Commission shall present its case first, followed by the postsecondary educational institution.
The Commission shall present its The hearing officer may allow rebuttal evidence.ional institution.
The hearing officer may allow rebuttal evidence.
A postsecondary educational institution that offers a course that has been suspended pursuant to subsection 8 is entitled to a review of the decision in the manner provided by chapter 233B of NRS.
A postsecondary suspended pursuant to subsection 8 is entitled to a review of the decision in the manner provided by chapter 233B of NRS.
- *AB526_R1* – 4 – 10.
10.
Sec.
- 80th Session (2019) – 4 – Sec.
The Commission consists of:
The Com(a) An employee of the Department of Employment, Training and Rehabilitation designated by the Director of the Department of Employment, Training and Rehabilitation to serve as a nonvoting member;
(a) An employee of the Department of Employment, Training and Rehabilitation designated by the Director of the Department of Employment, Training and Rehabilitation to serve as a nonvoting member;
While engaged in the business of the Commission, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
While engaged in the business of the Commission, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and empSec.
Sec.
3.genNRS 394.385 is hereby amended to read as follows:
3.
NRS 394.385 is hereby amended to read as follows:
Show all 65 changed rows (25 more)
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- *AB526_R1* – 5 – 2.
2.
The Commission may meet regularly at least four times each year at such places and times as may be specified by a call of the Chair or majority of the Commission.
The Commission may meet regularly at least four times each year at such places and times as may be specified by a call of the Chair or majority of the - 80th Session (2019) – 5 – Commission.
3.
the opinion of the Governor, the Commissioner is guilty of, in malfeasance in office or neglect of duty.
Any Commissioner may be removed by the Governor if, in the opinion of the Governor, the Commissioner is guilty of malfeasance in office or neglect of duty.
Before action is taken, the Administrator shall notify the holder by certified mail of facts or conduct that warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days after receipt of the notice letter.
Before action is facts or conduct that warrant the impending action and advise thel of holder that if a hearing is desired it must be requested within 10 days after receipt of the notice letter.
Until 1 year after the last date of attendance or date on which the damage occurred, whichever is later, a person claiming damage as a result of any act by a postsecondary educational institution or its agent, or both, that is a violation of NRS 394.383 to 394.560, inclusive, and section 1 of this act, or - *AB526_R1* – 6 – regulations adopted pursuant thereto, may file with the Administrator a verified complaint against the institution, its agent, or both.
Until 1 year after the last date of attendance or date on which the damage occurred, whichever is later, a person claiming damage as a result of any act by a postsecondary educational institution or its agent, or both, that is a violation of NRS 394.383 to 394.560, inclusive, and section 1 of this act, or regulations adopted pursuant thereto, may file with the - 80th Session (2019) – 6 – or both.
The complaint must set forth the alleged violation and contain other information as required by regulations of the Commission.
The complaint must set forth the alleged violation and agent, contain other information as required by regulations of the Commission.
If a hearing is not requested, the decision of the Administrator is final.
If a hearing is not requested, the decision of the Adm3.istIf, after consideration of all the evidence presented at a hearing, the Commission finds that a postsecondary educational institution or its agent, or both, are guilty of the violation alleged in the complaint, it shall issue and the Administrator shall serve upon the institution or agent, or both, an order to cease and desist from the violation.
3.
If, after consideration of all the evidence presented at a hearing, the Commission finds that a postsecondary educational institution or its agent, or both, are guilty of the violation alleged in the complaint, it shall issue and the Administrator shall serve upon the institution or agent, or both, an order to cease and desist from the violation.
If the Commission finds that the institution has substantially furnished the instruction or services agreed upon in the agreement to enroll, but that conditions in the school were sufficiently substandard that it was not reasonable to expect the student to complete the instruction, the Commission shall order the institution to make restitution to the student of one-half the money paid pursuant to the agreement.
If the Commission finds that the institution has substantially furnished the instruction or services agreed upon in the agreement to enroll, but that conditions in the school were sufficiently substandard that it was not reasonable to expect the student to complete the instruction, the Commission shall order the institution to make restitution to the student of one-half the money appropriate, based on the Administrator’s investigation and the evidence adduced at the hearing, or either of them, institute proceedings to revoke an institution’s license or recommend that the Administrator institute proceedings to revoke an agent’s permit.
The Commission may also, as appropriate, based on the Administrator’s investigation and the evidence adduced at the hearing, or either of them, institute proceedings to revoke an institution’s license or recommend that the Administrator institute proceedings to revoke an agent’s permit.
394.610 Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to 394.560, inclusive, and section 1 of this act is guilty of a gross misdemeanor.
394.610 Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to 394.560, inclusive, and section 1 of this act is guilty of a gross - 80th Session (2019) – 7 – misdemeanor.
- *AB526_R1* – 7 – Sec.
Sec.
1.
Shall:
(1) Post on the Internet website of the Department the report required by this paragraph;
required by this paragraph;rnet website of the Department the report (2) Provide the report to the Governor’s Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;
(2) Provide the report to the Governor’s Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;
3.
- 80th Session (2019) – 8 – 3.
- *AB526_R1* – 8 – Sec.
Sec.
612.220 The Administrator:
1.2.2Shall administer this chapter.
1.
Shall administer this chapter.
Is responsible for the administration, through the the provisions of NRS 394.383 to 394.560, inclusive [.] , andf section 1 of this act.
Is responsible for the administration, through the Administrator of the Commission on Postsecondary Education, of the provisions of NRS 394.383 to 394.560, inclusive [.] , and section 1 of this act.
H - *AB526_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 391.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 19, Nays: None, Excused: 2.) To Assembly.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate. In Senate. Read first time. Referred to Committee on Education. To committee.

  7. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 951.) To printer.

  8. From printer. To committee.

  9. Read first time. Referred to Committee on Ways and Means. To printer.

Sponsors

  • Assembly Committee on Ways and Means · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Ways and Means

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

veterans education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 526 do?
AN ACT relating to education; authorizing the Commission on Postsecondary Education to suspend the approval of or disapprove certain courses of training in certain circumstances; establishing a process for the appeal of such a suspension; providing for an additional voting member on the Commission who represents veterans; and providing other matters properly relating thereto.
Who sponsors AB 526?
AB 526 is sponsored by Assembly Committee on Ways and Means.
What is the current status of AB 526?
This bill has been enacted into law. Introduced May 03, 2019. Enacted.
Where can I track AB 526?
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