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Certification of institutions - 24 Pa. Cons. Stat. § 6503Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 6503. Certification of institutions.
(a) General rule.--No person shall apply to itself, either
as part of its name or in any other manner, the designation of
"college," "university" or "seminary" in such a way as to give
the impression that it is an educational institution conforming
to the standards and qualifications prescribed by the State
board unless it shall have received from the department a
certificate of authority authorizing the institution to use such
designation, and, if the institution is authorized to confer
degrees, specifying the degrees which the institution is
authorized to confer.
(b) Exemptions.--Subsection (a) does not apply to:
(1) Any:
(i) Nonprofit corporation incorporated with the
approval of the department or the former Department of
Public Instruction under the former provisions of
sections 211 and 312 of the Nonprofit Corporation Law of
1933, or otherwise incorporated with the power to confer
degrees under corresponding provisions of prior law.
(ii) Foreign nonprofit corporation that received a
certificate of authority as a qualified foreign
corporation from the Department of State with the
approval of the department or the former Department of
Public Instruction under the former provisions of section
902(4) of the Nonprofit Corporation Law of 1933, or
otherwise admitted to do business with the power to
confer degrees under corresponding provisions of prior
law.
For the purposes of this chapter, such a corporation shall be
deemed to be a holder of a certificate of authority issued
under this section authorizing the conferring of those
degrees that the institution was authorized by law to confer
immediately prior to the effective date of this chapter.
(2) Any corporation incorporated prior to September 1,
1937, the corporate name of which, or any unincorporated
person then conducting any educational institution, the trade
or fictitious name of which, included the designation
"college" or "university."
(c) Form of application.--Every application for a
certificate of authority under this section shall be made to the
department in writing and shall be in such form and contain such
information as the regulations of the department may require.
(d) Standards for issuance of certificate.--A certificate of
authority shall be issued by order of the department only if and
when the department finds and determines that:
(1) The application complies with the provisions of this
chapter, the regulations of the department thereunder and the
standards and qualifications for institutions prescribed by
the State board thereunder.
(2) The courses of instruction, the standards of
admission to the institution and the composition of the
faculty appear to be sufficient and to conform to the
requirements of this chapter.
(3) The educational needs of the particular locality in
which the institution is to be situated and of the
Commonwealth at large are likely to be furthered by the
granting of the application.
(e) Procedure.--For the purpose of enabling the department
to make the finding or determination required by subsection (d),
the department shall, by publication of notice in the
Pennsylvania Bulletin, afford reasonable opportunity for
hearing, which shall be public, and, before or after any such
hearing, it may make such inquiries, audits and investigations,
and may require the submission of such supplemental studies and
information, as it may deem necessary or proper to enable it to
reach a finding or determination. The department, in issuing a
certificate of authority, may impose such conditions as it may
deem to be just and reasonable. In every case, the department
shall make a finding or determination in writing stating whether
or not the application has been approved and, if it has been
approved in part only, specifying the part which has been
approved and the part which has been denied. Any holder of a
certificate of authority exercising the authority conferred
thereby shall be deemed to have waived any and all objections to
the terms and conditions of such certificate.
(f) Judicial review.--Orders of the department upon an
application for a certificate of authority under this section
shall be subject to judicial review in the manner and within the
time provided or prescribed by law.
Cross References. Section 6503 is referred to in section
6504 of this title.
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Last modified: November 27, 2007 |