8VAC40-31-60: Schools, programs, degrees, diplomas, and certificates exempt from council action

A. The following activities or programs offered by postsecondary schools and that are otherwise subject to this chapter shall be exempt from its provisions so long as no degree credit is awarded:

1. Any school subject to exemption pursuant to § 23.1-226 B of the Code of Virginia.

2. Any school subject to the provisions of Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia.

3. Any course or program of study conducted on a not-for-profit basis by firms or organizations for the training of their own employees, provided that such instruction is offered at no charge to such employees and with no advertising for open enrollment.

4. Schools of fine arts or other avocational courses that are conducted solely to further artistic appreciation, talent, or for personal development or information and programs that prepare individuals to teach such pursuits.

B. Notwithstanding the provisions of this section, if a school offers any nonexempt programs, the school as a whole, including all of its programs, is subject to the provisions of certification.

C. Notwithstanding the exemptions provided in this section, a school that is otherwise entitled to exemption may voluntarily seek certification for an otherwise exempt activity or program.

D. A school whose claim for exemption under subsection A of this section is denied by the council shall have right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.