(a) Each private post-secondary institution operating within the
Territory of Guam must obtain certification from the Council.

(b) Each certified institution is solely responsible for notifying the Council in writing of the institution’s current mailing address and the location of the institution. A certified institution’s failure to notify the Council of a change of address constitutes a violation of this paragraph, and may be disciplined by the Council. Notwithstanding any other provision of law, service by regular mail to the last known address of record with the Council constitutes adequate and sufficient notice for any official communication to and by the Council.

(c) Provisional certification shall be granted to an applicant for initial certification for a period not to exceed one (1) year when the Council determines that the applicant is in substantial compliance with the standards for certification. A provisional certification granted for initial certification may be extended for up to one (1) additional year. A certified institution that has undergone a substantive change, as defined by rule, must be granted a provisional certificate for a period of time determined by the Council, after which period the institution may apply for a different status. A provisional certificate may include conditions required by the Council, and all conditions must be met before the institution may receive a different certification status.

(d) The Council shall ensure through an investigative process that applicants for certification meet the standards as defined in rule. When the investigative process is not completed within the time set out in rule and the Council has reason to believe that the applicant does not meet certification standards, the Council may issue a ninety- (90-) day certification delay, which shall be in writing and sufficient to notify the applicant of the reason for the delay.

(e) All materials submitted by an institution in its application for approval or in response to a request by the Council for pertinent information shall be subject to Chapter 10 of Title 5 of the Guam Code Annotated (the Freedom of Information Act) and shall be available for public inspection in

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17 Guam Code Ann. EDUCATION
CH. 44 PRIVATE POST-SECONDARY INSTITUTIONS

accordance with the provisions of Guam law.