§ 690.97 Regaining eligibility.
(a) If an eligible workforce program loses eligibility based on the Secretary's determination that the program's completion rate or job placement rate failed to meet the requirements under § 690.94(a)(2) or the institution voluntarily discontinues a failing eligible workforce program, the institution may not seek to reestablish the eligibility of the failing program, or to establish eligibility for a substantially similar program sharing both (i) the same four-digit CIP code, and (ii) identical SOC codes according to the CIP SOC Crosswalk that is provided by a Federal agency, until two years following the earlier of the date the program loses eligibility under § 690.96(b) or the date the institution voluntarily discontinues the failing workforce program.
(b) If an eligible workforce program loses eligibility due to a loss of Governor approval described in (a) of this section, the program may reestablish eligibility after the Secretary receives the Governor's certification that the program has been approved as provided under § 690.93(c), and after the Secretary determines the program has met eligibility criteria under § 690.94.
(c) If an eligible workforce program loses eligibility because its published tuition is higher than its value-added earnings under § 690.95(e), the institution may, through a process described by the Secretary, request that the program's eligibility be reinstated by—
(1) Providing to the Secretary a new certification of the Governor's approval of the program as provided under § 690.93(c);
(2) Submitting to the Secretary documentation of the program's current published tuition and fees and an attestation that the tuition and fees have been reduced and will remain equal to or less than the program's recalculated value-added earnings; and
(3) Requesting a recalculation of the program's value-added earnings to determine whether the program's updated tuition and fees that will apply to the next award year exceed the program's value-added earnings.