§11–206.4.

    (a)    Notwithstanding the provisions of §§ 11–206 and 11–206.1 of this subtitle and subject to subsection (b) of this section, the Commission shall develop and implement a program review process for new proposed programs that:

        (1)    Are offered only online and to a majority of out–of–state students; and

        (2)    Enable the institutions of higher education in the State to compete with out–of–state competitors in the online marketplace.

    (b)    The process developed and implemented under subsection (a) of this section shall allow the Commission or an institution of higher education in the State to file with the Commission an objection to implementation of the proposed program, provided the objection is based on:

        (1)    Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education or the mission statement published in the official catalog of a private nonprofit institution of higher education;

        (2)    Not meeting a need consistent with the State Plan for Higher Education;

        (3)    Unreasonable program duplication of a fully online program that would cause harm to the State or students attending institutions of higher education in the State; or

        (4)    Unnecessary program duplication of a fully online program in violation of the State’s equal educational opportunity obligations under State and federal law.

    (c)    The Commission shall include the program review process developed under this section in the administrative procedures guide required under § 11–206.1(h) of this subtitle.