June 2006 Call For Comment

The revised Rule reads as follows:

Sub-Part B - Complaints Against NACCAS Evaluators

Section 6.8 Requirements

(d) If the complaint is referred to the Executive Committee, that Committee shall notify the evaluator, in writing, of the allegations and inform the complaining party that the complaint is under consideration by the Executive Committee. The evaluator will have an opportunity to respond and/or request a hearing before the Executive Committee. The Committee or the Commission shall conduct an investigation of the allegations.

Effective date:The proposal was adopted by the Commission to go into effect January 1, 2007.

The revised Rules read as follows:

Section 7.3 Decision on Show Cause Order

Upon expiration of the time limits for submission of the Response to the Show Cause Order or any progress report or additional requirements placed on a school in relation to the Show Cause Order, a decision will be made on the institution's compliance with the accreditation standard, procedure or other requirement cited in the order.

(a) Decision on administrative show cause orders: The Executive Director of NACCAS has the authority to

(1) Recind the "show cause" order if the institution's response gives evidence that it was unwarranted;

(2) Remove the institution from "show cause" if the response shows the institution now complies with the accreditation standard, procedure or other requirement cited in the order;

(3) Refer the institution's record to the full Commission or to take action; or

[The rest of this Part remains unchanged.]

Section 8.14 Status: Involuntary Withdrawal of Accreditation

(a) Following the due process required by these Rules, the Commission shall, at any time, withdraw a school's accreditation for any of the reasons included in Section 8.12 and for the following additional reasons:

[The rest of this Part remains unchanged]

The revised By-Law would read as follows:

Article III - Board of Commissioners

Section VIII - Vacancies in Commission Membership

B Any Commissioner who shall have been absent from full attendance at two (2) consecutive regular meetings of the Commission during a single administrative year shall automatically vacate his/her seat on the Commission and the vacancy shall be filled as provided by these By-Laws; however, the Commissioners shall consider each absence of any Commissioner as a separate circumstance, and may expressly waive such absence by affirmative vote of a majority of its members.

The New Fee would be:

Appendix #2

Appeal Fee

Amount: $250.00 Administrative appeal by submission of required fee or document

$1,890.00 Written
$3,040.00 Personal Appearance

The appropriate fee(s) must be paid in the form of a cashier's, certified check or money order and must be submitted with the school's letter notifying NACCAS of its intent to appeal the Commission's action.

The New Fee would be :

Appendix #2

Provisional Branch Campus On-Site Evaluation Fee

Amount: $2,512.50
This flat fee covers the cost of the NACCAS staff person, and evaluators in the academic and administrator categories, and is due at the time of application.

The New Fee would be :

Appendix #2

Pocket Seminars

Amount:

$2000.00 + travel expenses for one staff instructor
$500.00 + travel expenses for each additional staff instructor
$50.00 per participant for seminar materials or the seminar sponsor may copy them

The Clarification of Policy would be stated in a footnote to Standard VIII, Criterion 10, as follows:

Standard VIII

Criterion 10: The name of the school appears on exterior signs at the school location. The name clearly identifies the school as an educational institution. The school may use an abbreviated or shortened version of the school's name in certain circumstances, as outlines in NACCAS' Policy on Advertising.1

1 The school may use the word "spa" or "salon" in the name of the school as long as the name does not mislead the public

Proposed Wording:

POLICY ON ADVERTISING

4. All advertising for laboratory services clearly indicates that services in the laboratory are performed by supervised students. The school must have at least one sign clearly displayed on the school premises that states all services in the laboratory are performed by supervised students. The school may also have additional advertising posted for clinic services on its premises (front window, posters within the school, sign in front of the school, etc...) that does not include this statement.

The laboratory is not called, referred to or advertised as a salon. In no case shall the institution be referred to or advertised as a professional service facility. In the case of electrology, or massage, the practical laboratory of a school shall not be called, labeled, referred to or advertised as an electrologist's or massage therapist's private practice or occupational clinic.

6. No advertising by an institution, its agents and representatives shall be:

a. Fraudulent

b. Deceptive

c. Misleading; or

d. False

The term "advertising", as used in this policy, refers to school name, ".edu", letterhead, public disclosures, publications, websites, public information releases, advertisements, published notices, public statements, recruitment practices, promotional practices and materials, and disclosures by an institution, its agents or representatives.

The Amended By-Law would read as follows:

ARTICLE VIII - DUTIES OF COMMITTEES

SECTION I

The Executive Committee shall implement Commission policies and transact the business of the Commission during the intervals between meetings, as determined by the policies and directives of the Commission. It shall be the duty of the Executive Committee to oversee formation of the list of appeal review Panelists, and to select names from the pool of qualified Panelists to form Appeal Review Panels.

The Executive Committee shall not have the power to act on applications for accreditation unless so directed in specific cases by official action of the Commission, or to formulate policy.

SECTION II

The Commission shall have Standing and Ad Hoc Committees which are responsible to the entire Commission in the performance of their assigned duties. The specific duties of all Committees shall be determined by the Executive Committee and shall be approved by the full Commission. The Commission may increase or decrease the number of Committees at any time. Ad Hoc Committees shall be promptly discharged when their functions have been performed. Committees shall present recommendations to the full Commission, but shall not have the authority to grant or deny any accreditation status to any institution. [Move overstruck provision to Section IV.]

SECTION III - [No change]

SECTION IV

Committees shall present recommendations to the full Commission, but shall not have the authority to grant or deny any accreditation status to any institution or to formulate policy. [Moved from Sections I and II]. No Committee of the Commission, individual Commissioner, or group of Commissioners has the authority to override a decision of the full Commission.

The Section VII as adopted in 2005 reads as follows:

A. Each Commissioner shall be elected for a three-year (3-year) term. Newly elected Commissioners shall take office the first day of the calendar year. Commissioners shall not serve more than two (2) consecutive elected terms. Where a Commissioner has been appointed to fill a vacancy of the Commission, that Commissioner, if eligible under Article III, Section IV of these By-Laws, may subsequently run for office and serve for two (2) consecutive elected terms in addition to his/her original partial term, if the partial term is eighteen (18) months or less in length.

Notwithstanding the foregoing, a Commissioner who is ineligible to serve on account of having served two consecutive terms shall remain ineligible to serve for the three (3) year term immediately following his or her last term of service, but may thereafter, if otherwise qualified, be fully eligible to serve as provided under this Section.

Commissioners who serve a shortened or lengthened term during the period of transition to three-year terms shall be treated as though they had served a three-year term. Currently seated Commissioners may be nominated for a consecutive three-year term, and if elected, will be considered to have served two consecutive terms.