AN ACT Relating to higher education; adding a new chapter to Title 28B RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Degree" means any designation, appellation, letters, or words including but not limited to "associate," "bachelor," "master," "doctor," or "fellow" which signify or purport to signify satisfactory completion of the requirements of an academic program of study beyond the secondary school level.

(2) "Degree granting institution" means an entity that offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree beyond the secondary level.

NEW SECTION. Sec. 2. The higher education coordinating board shall adopt by rule minimum standards for degree granting institutions concerning granting of degrees, quality of education, fair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices.

NEW SECTION. Sec. 3. A degree granting institution shall not operate and shall not grant or offer to grant any degree unless the institution has obtained current authorization from the higher education coordinating board.

NEW SECTION. Sec. 4. This chapter shall not apply to:

(1) Any public college, university, or other entity operating as part of the public educational system of this state.

(2) Any private college or university domiciled in Washington that has full institutional accreditation by the northwest association of schools and colleges.

(3) Institutions of a religious character, but only as to those education programs devoted exclusively to religious or theological objectives if the programs are represented in an accurate manner in institutional catalogs and other official publications.

NEW SECTION. Sec. 5. All degree-granting institutions subject to this chapter shall file information with the higher education coordinating board as the board may require. The board, including its staff and any other authorized persons, may conduct site inspections and examine records of all institutions subject to this chapter.

NEW SECTION. Sec. 6. The higher education coordinating board shall impose fees on any degree-granting institution authorized to operate under this chapter. Fees shall be set and revised by the board by rule at the level necessary to recover the expenses incurred by the board in administering this chapter. Fees shall be deposited in the general fund.

NEW SECTION. Sec. 7. Any agency decision or action under this chapter may be appealed under the administrative procedure act, chapter 34.04 RCW.

NEW SECTION. Sec. 8. Any person, group, or entity or any owner, officer, agent, or employee of such entity who wilfully violates any provision of this chapter or the rules adopted under this chapter shall be subject to a civil penalty of not more than one hundred dollars for each violation. Each day on which a violation occurs constitutes a separate violation. The fine may be imposed by the higher education coordinating board or by any court of competent jurisdiction.

NEW SECTION. Sec. 9. Any person, group, or entity or any owner, officer, agent, or employee of such entity who wilfully violates section 3 of this act shall be guilty of a gross misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or by both such fine and imprisonment. Each day on which a violation occurs constitutes a separate violation. The criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the attorney general of this state.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11. This act shall take effect July 1, 1986.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act shall constitute a new chapter in Title 28B RCW.