1. The Commission may suspend the approval of a course for the training of veterans approved pursuant to 38 U.S.C. § 3672 and offered by a postsecondary educational institution in accordance with the provisions of 38 C.F.R. § 21.4259(a)(1). The Commission shall disapprove such a course in accordance with the provisions of 38 C.F.R. § 21.4259(a)(2). Except as otherwise provided by federal law, the Commission may immediately disapprove such a course if:
(a) The institution requests the disapproval; or
(b) The institution has permanently closed or no longer has the legal authority to operate.
2. The Commission shall notify the postsecondary educational institution, in writing, of a suspension of approval of a course pursuant to subsection 1 by certified mail, return receipt requested, in accordance with the provisions of 38 U.S.C. § 3679 and 38 C.F.R. § 21.4259. Except as otherwise provided by federal law, the notification must include:
(a) A statement of the facts or conduct that led to the suspension of approval of a course;
(b) A statement of any deficiencies in the course that must be corrected before the suspension of approval of a course can be rescinded, if applicable; and
(c) A statement informing the institution of its right to appeal such a decision by requesting a hearing.
3. 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.
4. 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. 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.
5. At least 10 days before a hearing granted pursuant to subsection 4, each party to the hearing shall submit to the other party a written statement that includes, without limitation:
(a) The disputed facts of the case;
(b) The issues presented by the case;
(c) A list of the names of the witnesses who may testify at the hearing and the contact information for each witness; and
(d) A list and description of the exhibits, if any, that the party intends to use at the hearing.
6. A hearing before a hearing officer granted pursuant to subsection 4 must be held in accordance with chapter 233B of NRS.
7. Each party to a hearing granted pursuant to subsection 4 is entitled to be heard, to present and rebut evidence and to examine and cross-examine witnesses. The Commission shall present its case first, followed by the postsecondary educational institution. The hearing officer may allow rebuttal evidence.
8. The hearing officer shall render his or her decision at an open meeting after the conclusion of a hearing granted pursuant to subsection 4. The hearing officer may:
(a) Affirm the initial suspension of approval of a course and the conditions for correcting any deficiencies identified by the Commission pursuant to subsection 2;
(b) Affirm the initial suspension of approval of a course and modify the conditions for correcting any deficiencies identified by the Commission pursuant to subsection 2; or
(c) Rescind the suspension of approval.
9. A decision of the Commission on a hearing granted pursuant to subsection 4 is final. If a postsecondary educational institution does not request a hearing pursuant to subsection 4, the initial suspension of approval of a course is final. 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.
10. The Commission shall adopt regulations establishing a process for holding a hearing requested pursuant to subsection 4, including, without limitation, that a hearing date may be continued upon written motion or stipulation and the approval of the Chair of the Commission.
(Added to NRS by 2019, 2456)