When guiding California private postsecondary schools, colleges, and universities through the BPPE approval process, Tri-Logos consulting team members often notice that clients are out of compliance with the Bureau’s agent for service of process regulations, and this “deficiency” is frequently noted in BPPE Compliance Inspection results. Specifically, the agent for service of process address cannot be the same as the school address. Further, the agent must confirm the information and acknowledge in writing that he or she is the designated agent for service of process. These requirements are made clear in this excerpt from the code:
71135. Agent for Service of Process.
The institution shall include in its Form Application 94886 the name, physical address, telephone number, fax number, and e-mail address for the agent for service of process in California as required by section 94943.5 of the Code. The agent shall be at an address other than the address of the institution or any branch. The agent must confirm the information and acknowledge in writing that he or she is the designated agent for service of process. The information shall be kept current pursuant to section 74190.
Note: Authority cited: Sections 94803, 94877 and 94888, Education Code. Reference: Sections 94887, 94888 and 94943.5, Education Code.
If your institution is out of compliance with the BPPE’s agent for service of process regulations (and your company is organized as a corporation or LLC), you should file an amended Statement of Information with the California Secretary of State. Although school owners themselves sometimes serve as agents and list their home address, not everyone is comfortable with making his or her residential address easily accessible public information. For those with privacy concerns, a better alternative is to use a service such as Biz Filings, Inc., which will serve as agent for an annual fee. And many school owners get permission from their CPA or attorney to list that person as agent, using his or her name and office address. In such cases, school owners must get a letter from the service or individual serving as agent (as indicated in the code above) and keep it on file for viewing by BPPE site visitors.
The Tri-Logos & Associates, Inc. consulting team specializes in providing solutions to the challenging regulatory issues facing California educational institutions. If you need assistance bringing your institution into full compliance with Bureau for Private Postsecondary Education (BPPE) requirements, we can guide you to a successful outcome. Our services include:
• Annual Report Assistance
• Application for Approval to Operate an Institution Non-Accredited
• Application for Addition of a Separate Branch
• Application for Change of Business Organization/Control/Ownership
• Application for Change of Education Objective
• Application for Change of Method of Educational Delivery
• Application for Change of Location
• Application for Renewal of Approval
• Application for Approval by Means of Accreditation
• SB 1247 & SB 1246 Compliance Guidance (January 1, 2015)
• Accreditation Plans for Degree-Granting Institutions (January 1, 2015)
• Compliance Inspection Preparation
• Deficiency Letter Response Preparation & Corrective Action Plans
• Statement of Issues & Other Enforcement Action Response Preparation
For more information about how the Tri-Logos consulting team can assist you in reaching a positive outcomes with BPPE regulatory compliance issues, please contact us to schedule a free phone consultation.