Oregon Administrative Rules Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION
Oregon Administrative Rules Chapter 715 — Higher Education Coordinating Commission (HECC)
1. Overview of HECC
The Higher Education Coordinating Commission (HECC) is an Oregon state agency responsible for:
Coordinating public higher education institutions,
Administering certain financial aid programs,
Developing long-term plans for higher education,
Overseeing community colleges, universities, and related programs.
The HECC rules are codified under Oregon Administrative Rules (OAR) Chapter 715. These rules govern the agency’s functions, procedures, and policies.
2. Purpose of OAR Chapter 715
The rules under Chapter 715 detail:
The structure and powers of HECC,
Procedures for the approval and oversight of academic programs,
Funding and budgeting requirements,
Reporting and compliance by public institutions,
Student financial aid programs administration,
Rules for educational data collection and dissemination.
3. Key Provisions of OAR Chapter 715
A. Governance and Powers
The HECC has authority to coordinate public postsecondary education policy in Oregon.
It establishes standards and policies for public colleges and universities.
The Commission has rulemaking powers consistent with enabling statutes.
B. Academic Program Approval
Institutions must obtain HECC approval before launching new academic programs.
The Commission reviews proposals based on criteria such as workforce needs, student demand, and duplication of programs.
C. Financial Aid Administration
HECC administers state-funded grants and scholarships.
The rules define eligibility, application procedures, and renewal processes.
D. Budget and Funding Oversight
Public institutions submit budgets and financial reports to HECC.
The Commission reviews and recommends funding allocations to the legislature.
E. Data Collection and Transparency
HECC collects data on enrollment, graduation rates, costs, and outcomes.
The Commission publishes reports to support accountability.
4. Administrative Law and HECC
HECC, as a state administrative agency, operates under Oregon Administrative Procedures Act (OAPA) which governs:
Rulemaking process (notice, public comment, adoption),
Hearings and adjudications,
Judicial review of agency decisions.
5. Relevant Case Law Principles
While specific case law on OAR Chapter 715 may be limited, administrative law cases in Oregon provide important principles on agency authority and rule enforcement:
Case 1: Oregon Ass’n of Naturopathic Physicians v. Oregon Board of Naturopathic Medicine, 354 Or. 69 (2013)
Summary: The Oregon Supreme Court examined an agency’s authority to adopt rules and the limits of that authority.
Principle: Agencies must act within their statutory authority and comply with procedural requirements for rulemaking under the OAPA.
Relevance: HECC’s rules must similarly conform to statutory mandates and administrative procedures.
Case 2: Portland Police Ass’n v. City of Portland, 244 Or. App. 400 (2011)
Summary: The court held that agency decisions are subject to judicial review if they are arbitrary or capricious.
Principle: HECC’s decisions regarding program approval or funding could be challenged if lacking a rational basis or proper procedure.
Relevance: Institutions impacted by HECC’s rulings can seek judicial review if procedural or substantive violations occur.
Case 3: State ex rel. Huddleston v. Oregon State Bar, 278 Or. 451 (1977)
Summary: This case clarified standards for judicial review of administrative agency decisions in Oregon.
Principle: Courts defer to agency expertise but require agencies to explain their decisions and follow legal standards.
Relevance: HECC must provide reasoned decisions consistent with its statutory role.
6. Practical Implications
Public institutions in Oregon must closely follow HECC rules for compliance and program development.
Stakeholders have opportunities to participate in rulemaking through public comments.
Decisions made by HECC affect funding, program offerings, and student financial aid.
Judicial review ensures HECC operates within its authority and maintains fairness.
7. Summary
OAR Chapter 715 establishes the rules and procedures for the Oregon Higher Education Coordinating Commission, which oversees coordination, funding, and policy for public higher education in Oregon. While specific case law interpreting these rules is limited, Oregon administrative law principles apply, emphasizing agency authority, procedural fairness, and judicial oversight. Cases like Oregon Ass’n of Naturopathic Physicians and Portland Police Ass’n illustrate the framework within which HECC operates.
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