281 NAC 8-002. DEFINITIONS

002. DEFINITIONS. As used in this chapter: 002.01 Act means the Postsecondary Institution Act. 002.02 Assessment means the amount a for-profit postsecondary institution is required to pay into the Guaranty Recovery Cash Fund based on one-tenth of one percent (.001) of the assessment year's gross tuition revenue. 002.03 Assessment year means the institution's most recently completed fiscal year. 002.04 Authorization to operate means either an authorization to operate on a continuing basis or a recurrent authorization to operate as approved by the Commission. 002.05 Branch facility means a facility in Nebraska (a) which is separate from a principal facility, (b) which offers a full program and full student services, (c) which is under the supervision of an onsite director or administrator, and (d)(i) the ownership, management, and control of which are the same as the principal facility, which principal facility is responsible for the delivery of all services, or (ii) at which education is offered by a franchisee of a franchisor authorized to operate as a postsecondary institution by the act. 002.06 Claim means a written request for refund or reimbursement filed with the Commission by (a) a student who alleges to be injured by the termination of operations of a for-profit postsecondary institution, or (b) by the University of Nebraska to recover expenses incurred in the course of complying with its duties under 85-173 and 85-174 in the event of the termination of operations of a for-profit postsecondary institution, or (c) by the Commission, on behalf of the State of Nebraska, for reimbursement of distributed but unreturned Nebraska Opportunity Grant awards in the event of the termination of operations of a for-profit postsecondary institution. 002.07 Claimant means (a) a student who files a claim for reimbursement as a result of alleged injury by the termination of operations of a for-profit postsecondary institution, or (b) the University of Nebraska if filing a claim for reimbursement of expenses incurred in the course of complying with its duties under 85-173 and 85-174 in the event of the termination of operations of a for-profit postsecondary institution, or (c) by the Commission, on behalf of the State of Nebraska, for reimbursement of distributed but unreturned Nebraska Opportunity Grant awards in the event of the termination of operations of a for-profit postsecondary institution. 002.08 Class means a course that, if successfully completed, can be applied toward the number of courses required for achieving a postsecondary degree, diploma, certificate, or other formal award. 002.09 Commission means the Coordinating Commission for Postsecondary Education. 002.10 Executive Director means the Executive Director of the Commission or his or her designee. 002.11 Fee means a fixed charge for, but not limited to, registration fee, lab fees and the cost of materials, or equipment, if they are designated as fees by the institution. 002.12 For-profit postsecondary institution means any private postsecondary institution that is not exempt for federal tax purposes under section 501(c)(3) of the Internal Revenue Code as defined in Neb. Rev. Stat. § 49-801.01. 002.13 Fund means the Guaranty Recovery Cash Fund. 002.14 Gross tuition revenue means the total tuition and fees received during the assessment year, less tuition and fees refunds, received by a principal facility or branch facility located in this state. 002.15 Guaranty Recovery Cash Fund means a fund established from the assessments of for-profit postsecondary institutions for use in settling claims due to termination of operations of a for-profit postsecondary institution. 002.16 Maximum fund level means the amount specified in Neb. Rev. Stat. § 85-2423(1). 002.17 Minimum fund level means the amount specified in Neb. Rev. Stat. § 85-2423(1). 002.18 Postsecondary institution means any institution with a physical presence in Nebraska that provides postsecondary education and is exempt from the Private Postsecondary Career School Act. 002.19 Principal facility means the primary physical presence in Nebraska of a postsecondary institution. 002.20 Recurrent authorization to operate means approval by the Commission to operate a postsecondary institution in this state, including establishing a new campus or an administrative office, until a renewal of such authorization is required. 002.21 Student injured by the termination of operations by a for-profit postsecondary institution means (i) a student who has paid tuition and fees to the institution for which classes were offered but not finished due to termination of operations, (ii) a student who has paid tuition and fees to the institution for which classes were not offered and no refunds were made, or (iii) a student who ceased to be enrolled in classes at an institution while the institution was in operation and to whom a refund of unearned tuition and fees became due from the institution after the institution terminated operations and no refunds were made within the institution’s required time period following the student’s withdrawal from the institution. 002.22 Termination of operations means the act of a for-profit postsecondary institution ceasing to offer all of its educational classes to the public. 002.23 Tuition means money charged for instruction. 002.24 Unearned tuition and fees means money paid by an individual to an institution for classes which will be held in a future attendance period and for classes which are no longer available due to termination of operation of the institution.