(2) When significantly adverse impact is alleged by one or more of the agencies listed in this subsection, the affected parties jointly shall provide for written agreements. These agreements shall allocate responsibility for planning and providing continuing education or off-campus instruction in specific areas or by specific types. The agencies are:
(a) The Higher Education Coordinating Commission.
(b) Community college districts.
(c) Independent colleges.
(d) Proprietary schools.
(e) The governing board of a public university listed in ORS 352.002.
(3) In the event the affected parties fail to reach a written agreement within 120 days following receipt of written notice of the allegation, either party may request the Education and Workforce Policy Advisor to review and to recommend resolution.
(4) Nothing in this section prohibits the offering of upper division or graduate programs within 30 miles of the campus of a public university listed in ORS 352.002 offering the program, or the offering of lower division programs within 30 miles of the campus offering the program in areas outside a community college district. Such programs are entitled to the same college credit and financial support as programs offered on the campus of the university. [Formerly 348.460; 1997 c.652 §31; 2003 c.14 §152; 2009 c.762 §62; 2011 c.637 §130; 2013 c.768 §137; 2015 c.767 §112; 2021 c.100 §12]