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Administrative Code

Virginia Administrative Code
9/12/2025

Part III. Role of the Council and Staff

8VAC40-31-80. Role of the council.

A. The council establishes fees for services and the methods for collecting such fees pursuant to the authority granted by § 23.1-224 of the Code of Virginia.

B. The council delegates authority for administering the requirements of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia to the executive director or the executive director's delegate pursuant to § 23.1-215 E of the Code of Virginia, unless otherwise indicated.

C. The council adopts certification criteria for the operation of postsecondary schools in Virginia in accordance with the requirements of § 23.1-215 B of the Code of Virginia.

D. Only the council may refuse to grant or revoke certification. In these instances, the council will be responsible for ensuring due process and compliance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 23.1-215 and 23.1-224 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-90. Role of the executive director.

In addition to other administrative responsibilities vested in the executive director by the council, the executive director shall carry out the following administrative responsibilities relative to this chapter:

1. Authorize certification to operate for postsecondary schools that meet the certification criteria.

2. Authorize the use of the term "college" or "university" in a school's name.

3. Authorize religious exemptions.

4. Authorize emergency action pursuant to § 23.1-222 of the Code of Virginia.

5. Authorize the release of a surety instrument requirement.

Statutory Authority

§ 23.1-215 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-100. Role of the council staff.

A. The council staff shall:

1. Provide oversight and administration for purposes of compliance with Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia.

2. Review initial and annual certification requirements for all schools.

3. Perform random and periodic school visits to review, inspect, and investigate school compliance.

4. Investigate as necessary all noncertified postsecondary school activities operating in the Commonwealth.

5. Monitor the accreditation activities of all unaccredited postsecondary schools operating in the Commonwealth.

6. Investigate all written and signed complaints or adverse publicity or any situation that may adversely affect students or consumers.

7. Share with state or federal agencies and appropriate accrediting bodies information regarding the operation or closure of postsecondary schools operating in Virginia.

B. The executive director may delegate other responsibilities as deemed appropriate.

Statutory Authority

§ 23.1-215 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.

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