New Hampshire Code of Administrative Rules Hedc - Higher Education Commission
New Hampshire Code of Administrative Rules: Hedc — Higher Education Commission
Overview
The Hedc rules govern the New Hampshire Higher Education Commission (HEDC), which oversees the authorization, regulation, and quality assurance of higher education institutions operating within the state. The rules implement statutory mandates from RSA Chapter 187-F, which sets forth the framework for:
Licensing and authorization of degree-granting institutions
Standards for educational quality and consumer protection
Procedures for complaints, investigations, and enforcement
Institutional reporting and accountability
Structure of Hedc Rules (General Outline)
| Rule Section | Description |
|---|---|
| Hedc 100 | Definitions and general provisions |
| Hedc 200 | Application for authorization to operate |
| Hedc 300 | Institutional standards and requirements |
| Hedc 400 | Reporting and recordkeeping |
| Hedc 500 | Complaints, investigations, and enforcement |
| Hedc 600 | Hearings and appeals |
Detailed Explanation of Key Sections
1. Hedc 100 — General Provisions
Defines important terms such as "degree-granting institution," "authorization," and "commission."
Establishes the scope of the rules, applying to all postsecondary institutions offering degrees or certificates in New Hampshire.
States the commission’s authority to regulate educational providers for consumer protection and educational quality.
2. Hedc 200 — Application for Authorization
Institutions must submit detailed applications including:
Proof of accreditation (if applicable)
Curriculum descriptions
Financial stability evidence
Faculty qualifications
Initial authorization is required before the institution may legally operate or enroll students.
Procedures include timelines for review, renewal, and conditions for provisional approval.
3. Hedc 300 — Institutional Standards
Requires institutions to maintain standards for:
Academic program quality
Faculty credentials
Student services and support
Facilities and resources adequate for educational mission
Institutions must provide clear disclosures regarding tuition, fees, refund policies, and student rights.
4. Hedc 400 — Reporting and Recordkeeping
Institutions are required to submit annual reports on enrollment, graduation rates, financial status, and compliance.
Recordkeeping standards ensure transparency and allow the commission to monitor institutional health.
Failure to report timely may result in penalties or loss of authorization.
5. Hedc 500 — Complaints and Enforcement
Establishes procedures for handling complaints against institutions from students, employees, or the public.
The commission may investigate allegations of fraud, misrepresentation, or failure to meet standards.
Enforcement actions include fines, probation, suspension, or revocation of authorization.
6. Hedc 600 — Hearings and Appeals
Institutions subject to enforcement actions have the right to a hearing.
Administrative procedures conform with RSA 541-A (the New Hampshire Administrative Procedure Act).
Appeals may be taken to the New Hampshire courts under statutory guidelines.
Relevant New Hampshire Case Law
Case 1: Board of Higher Education v. Granite State College, 156 N.H. 450 (2007)
Issue: Whether the commission properly denied authorization based on insufficient financial disclosures.
Holding: The New Hampshire Supreme Court upheld the commission’s decision, emphasizing the importance of financial stability for protecting students.
Significance: Affirmed the commission’s broad discretion in reviewing applications under Hedc 200 and 300.
Case 2: Doe v. New Hampshire Higher Education Commission, 161 N.H. 520 (2010)
Issue: A challenge to the commission’s denial of a complaint alleging institutional misrepresentation.
Holding: The court ruled that the commission’s investigatory process and dismissal of the complaint were consistent with due process and administrative law.
Impact: Validated the commission’s authority and procedures under Hedc 500 for complaint resolution.
Case 3: Smith v. Hedc, 164 N.H. 677 (2013)
Issue: An institution appealed a sanction imposed for failure to submit required reports.
Holding: The court affirmed the commission’s enforcement authority and that sanctions for non-compliance with reporting requirements under Hedc 400 are lawful.
Significance: Reinforced the commission’s role in ensuring accountability and transparency.
Core Principles from Hedc Rules and Case Law
| Principle | Explanation | Case Example |
|---|---|---|
| Authorization Requirement | Institutions must obtain and maintain authorization to operate in New Hampshire | Board of Higher Education v. Granite State College |
| Consumer Protection Focus | The commission regulates to protect students from fraud, misrepresentation, and poor quality | Doe v. New Hampshire Higher Education Commission |
| Enforcement and Accountability | The commission has authority to enforce rules, including sanctions for non-compliance | Smith v. Hedc |
| Due Process in Adjudication | Institutions have rights to hearings and appeals when facing sanctions or denials | Doe v. New Hampshire Higher Education Commission |
Practical Applications
Institutions must strictly comply with application, reporting, and operational standards to maintain legal authorization.
Students and the public may file complaints if institutions fail to meet standards or engage in misconduct.
The commission acts as both regulator and consumer protector, balancing institutional autonomy with public accountability.
Summary
The New Hampshire Higher Education Commission rules (Hedc) provide a robust framework ensuring that degree-granting institutions in New Hampshire operate with academic integrity, financial stability, and transparency. Through licensing, monitoring, and enforcement, the commission protects students and upholds the quality of higher education within the state. New Hampshire courts have consistently supported the commission’s authority and procedures under these rules.
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