(a) A person holding a degree from an institution that is not eligible to receive a Certificate of Authority may request a letter from the Board confirming that the institution is not eligible for a Certificate of Authority and providing the procedures for review and approval of the degree for use in Texas. The Board shall send a copy of the letter to the institution.
(b) Procedures for Review and Approval.
  (1) An institution that confers a fraudulent or substandard degree described in §7.3 of this chapter (relating to Definitions), may request that the Board review and approve for use in Texas that degree, as provided in those sections. The person or institution shall submit the request on a form created by the Board.
  (2) The Commissioner shall apply the standards provided in §7.4 of this chapter (relating to Standards for Operation of Institutions) and §7.5(a)(6) of this chapter (relating to Administrative Penalties and Injunctions) to determine if the degrees awarded by a person or institution are equivalent to degrees granted by a private postsecondary educational institution or other person holding a Certificate of Authority from the Board.
  (3) The Commissioner, or the Commissioner's designated representatives, and an ad hoc team of independent consultants, if the Commissioner finds that such a team would provide a benefit to the Board or to the institution, may either visit the institution and conduct an on-site survey or conduct a desk review to evaluate the application for review and approval. The ad hoc team shall be composed of people who have experience on the faculties or staffs of accredited institutions and who possess knowledge of accreditation standards.
  (4) The Board may charge the person or institution petitioning for review and approval a fee equal to the application fee for a Certificate of Authority or the actual cost of conducting the review, including travel expenses and cost of consultant fees.

Source Note: The provisions of this §7.12 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective February 26, 2013, 38 TexReg 1152