Withdrawal of school approval.
(a) General--(1) Withdrawal on notice. If a school's approval is withdrawn on notice as provided in paragraphs (b), (c), (d), (e), (f), (g), (h), (i) (j), and (k) of this section, the school is not eligible to file another petition for school approval until at least one year after the effective date of the withdrawal. The approval by the Service, pursuant to sections 101(a)(15)(F)(i) or 101(a)(15)(M)(i) or both, of the Act, of a petition by a school or school system for the attendance of nonimmigrant students will be withdrawn on notice if the school or school system is no longer entitled to the approval for any valid and substantive reason including, but not limited to, the following:
(i) Failure to comply with Sec. 214.3(g)(1) without a subpoena.
(ii) Failure to comply with Sec. 214.3(g)(2).
(iii) Failure of a designated school official to notify the Service of the attendance of an F-1 transfer student as required by Sec. 214.2(f)(8)(ii).
(iv) Willful issuance by a designated official of a false statement or certification in connection with a school transfer or an application for employment or practical training.
(v) Any conduct on the part of a designated official which does not comply with the regulations.
(vi) The designation as a designated official of an individual who does not meet the requirements of Sec. 214.3(l)(1).
(vii) Failure to provide the Service with the names, titles, and sample signatures of designated officials as required by Sec. 214.3(l)(2).
(viii) Failure to submit statements of designated officials as required by Sec. 214.3(l)(3).
(ix) Issuance of Forms I-20A or I-20M to students without receipt of proof that the students have met scholastic, language or financial requirements.
(x) Issuance of Forms I-20A or I-20M to aliens who will not be enrolled in or carry full courses of study as defined in Secs. 214.2(f)(6) or 214.2(m)(9).
(xi) Failure to operate as a bona fide institution of learning.
(xii) Failure to employ qualified professional personnel.
(xiii) Failure to limit its advertising in the manner prescribed in Sec. 214.3(j).
(xiv) Failure to maintain proper facilities for instruction.
(xv) Failure to maintain accreditation or licensing necessary to qualify graduates as represented in the petition.
(xvi) Failure to maintain the physical plant, curriculum, and teaching staff in the manner represented in the petition for school approval.
(xvii) Failure to comply with the procedures for issuance of Forms 1-20A or 1-20M as set forth in Sec. 214.3(k).
(xviii) Failure of a designated school official to notify the Service of material changes to the school's name, address, or curriculum as required by Sec. 214.3(e)(2).
(2) Automatic withdrawal. If an approved school terminates its operations, approval will be automatically withdrawn as of the date of termination of the operations. If an approved school changes ownership, approval will be automatically withdrawn sixty days after the change of ownership unless the school files a new petition for school approval within sixty days of that change of ownership. The district director must review the petition to determine whether the school still meets the eligibility requirements of Sec. 214.3(e). If, upon completion of the review, the district director finds that the approval should not be continued, the district director shall institute withdrawal proceedings in accordance with paragraph (b) of this section. Automatic withdrawal of a school's approval is without prejudice to consideration of a new petition for school approval.
(b) Notice. Whenever a district director has reason to believe that an approved school or school system in his/ her district is no longer entitled to approval, a proceeding shall be commenced by service upon its designated official a notice of intention to withdraw the approval. The notice shall inform the designated official of the school or school system of the grounds upon which it is intended to withdraw its approval. The notice shall also inform the school or school system that it may, within 30 days of the date of service of the notice, submit written representations under oath supported by documentary evidence setting forth reasons why the approval should not be withdrawn and that the school or school system may, at the time of filing the answer, request in writing an interview before the district director in support of the written answer.
(c) Assistance of counsel. The school or school system shall also be informed in the notice of intent to withdraw approval that it may be assisted or represented by counsel of its choice qualified under part 292 of this chapter, at no expense to the Government, in preparation of its answer or in connection with the interview.
(d) Allegations admitted or no answer filed. If the school or school system admits all of the allegations in the notice of intent to withdraw approval, or if the school or school system fails to file an answer within the 30-day period, the district director shall withdraw the approval previously granted and he/she shall notify the designated school official of the decision. No appeal shall lie from the district director's decision if all allegations are admitted or no answer is filed within the 30-day period.
(e) Allegations denied. If the school or school system denies the allegations in the notice of intent to withdraw approval, then the school or school system shall, in its answer, provide all information or evidence on which the answer is based.
(f) Interview requested. (1) If in its answer to the notice of intent to withdraw approval the school or school system requests an interview, the school or school system shall be given notice of the date set for the interview.
(2) A summary of the information provided by the school or school system at the interview shall be prepared and included in the record. In the discretion of the district director, the interview may be recorded.
(g) Decision. The decision of the district director shall be in writing and shall include a discussion of the evidence and findings as to withdrawal. The decision shall contain an order either withdrawing approval or granting continued approval. The written decision shall be served upon the school or school system, together with the notice of the right to appeal pursuant to part 103 of this chapter.
(h) Appeal. Any appeal shall be taken within 15 days after the service of the written decision. The reasons for the appeal shall be stated in the notice of appeal, Form I-290B, and supported by a statement or brief specifically setting forth the grounds for contesting the withdrawal of the approval.
[37 FR 17463, Aug. 29, 1972, as amended at 48 FR 14592, Apr. 5, 1983; 48 FR 19867, May 3, 1983; 48 FR 22131, May 17, 1983; 49 FR 41015, Oct. 19, 1984; 50 FR 9991, Mar. 13, 1985; 54 FR 19544, May 8, 1989; 55 FR 41988, Oct. 17, 1990]