(1) The Commission does not accredit or grant candidacy to institutions that lack legal authorization under applicable State or foreign law to provide a program of education beyond the secondary level, if such authorization is required.
(2) The Commission does not accredit or grant candidacy, initial accreditation, or renewed accreditation to an institution if it is known that the institution is the subject of: a pending or final action brought by a State agency to suspend, revoke, withdraw, or terminate the institution’s legal authority to provide postsecondary education in the state; a decision by an accrediting organization, which is recognized by the U.S. Secretary of Education, to deny accreditation or candidacy; a pending or final action brought by a recognized accreditor to suspend, revoke, withdraw, or terminate the institution’s accreditation or candidacy, or probation or an equivalent status imposed by a recognized accreditor, except as noted below in (3).
(3) If the Commission grants candidacy or accreditation to an institution described in (2) above, the Commission provides to the U.S. Secretary of Education, within 30 days of its action, a thorough and reasonable explanation, consistent with its standards, why the action of the other accreditor does not preclude the Commission’s grant of candidacy or accreditation.
(4) If the Commission learns that an institution that has candidacy or accredited status with the Commission is the subject of an adverse action by another recognized accreditor or has been placed on probation or equivalent status by another recognized accreditor, the Commission promptly reviews the accreditation or candidacy of the institution to determine whether the Commission also should take adverse action or place the institution on probation or show cause.
(5) The Commission shares with other appropriate recognized accrediting organizations and recognized State approval agencies information about the accreditation status of