(a) The commission has the power and duty to:

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Terms Used In Tennessee Code 49-7-2005

  • Authorization: means approval of a postsecondary educational institution by the commission for the institution to engage in activities or operations otherwise prohibited by §. See Tennessee Code 49-7-2003
  • Commission: means the Tennessee higher education commission. See Tennessee Code 49-7-2003
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Entity: includes , but is not limited to, any company, firm, society, association, partnership, corporation and trust. See Tennessee Code 49-7-2003
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Postsecondary educational institution: includes , but is not limited to, a school, college, university, or other type of entity offering educational credentials, instruction, educational services, or other activities as described in §. See Tennessee Code 49-7-2003
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Establish minimum standards in conformity with § 49-7-2006, concerning the provision of education, ethical business practices, and fiscal responsibility, that applicants for authorization must meet before the authorization may be issued, and to continue the authorization in effect. The standards must effectuate the purposes of this part, but the standards shall not unreasonably hinder legitimate educational innovation;
(2) Receive, investigate as the commission deems necessary, and act upon applications for authorization of postsecondary educational institutions;
(3) Maintain a list of postsecondary educational institutions authorized to operate in this state under this part. This list must be available to the public;
(4) Negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if, in the judgment of the commission, the agreements are, or may be, helpful in effectuating the purposes of this part; provided, that nothing contained in the reciprocity agreement must be construed as limiting the commission’s powers, duties, and responsibilities with respect to independently investigating, or acting upon, an application for authorization or an application for renewal of the authorization for a postsecondary educational institution, or with respect to the enforcement of any provision of this part or any of the rules or regulations promulgated pursuant to this part;
(5) Receive, maintain as a permanent file, and distribute pursuant to a lawful request for, copies of academic records in conformity with § 49-7-2016;
(6) Promulgate rules, performance standards, and procedures necessary or appropriate for the conduct of its work and for the implementation of this part, and to hold hearings as it deems advisable or as required by law in developing the rules and procedures. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission may, through rulemaking, delegate its powers and duties, as described in this part, to the executive director or to the commission’s staff;
(7) Investigate, as it deems necessary, on its own initiative, or in response to a complaint lodged with it, any person, group, or entity subject to, or reasonably believed by the commission to be subject to, the jurisdiction of this part, and in connection with the investigation; to subpoena any persons, books, records, or documents pertaining to the investigation, which subpoenas must be enforceable by a court of this state; to require answers in writing under oath to questions propounded by the commission; to administer an oath or affirmation to a person in connection with an investigation; and to hold hearings as it deems advisable or as required by law in aid of an investigation or inquiry; and
(8) Exercise other powers and duties implied, but not enumerated in this subsection (a), but in conformity with this part that, in the judgment of the commission, are determined necessary to carry out this part.
(b) The commission may require as part of the application for initial authorization of a postsecondary educational institution criminal background checks for all owners and directors of institutions not accredited by an accrediting agency recognized by the United States department of education. The results of the background checks under this section shall be confidential and not open to public inspection.
(c) The commission may employ other employees it deems necessary to discharge the duties imposed by this part and shall prescribe their duties and, within budgetary limitations, fix their compensation, subject to the approval of the commissioners of finance and administration and human resources.
(d) To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, agency or commission, and the department, division, board, bureau, agency or commission shall provide, information that will enable the commission to exercise properly its powers and perform its duties under this part.
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