Section 188-D:19 Definitions; Exclusions.
I. The following definitions shall apply in this subdivision except as otherwise provided:
(a) ""Alternative delivery'' means a mode of instruction, which does not involve face-to-face instruction between instructor and student in the same geographic location. This mode of instruction shall include Internet, televised, video, telephonic, and correspondence media.
(b) ""Conference'' or ""seminar'' means a scheduled meeting of 2 or more persons for discussing matters of common concern and where, if training or education is offered, it shall be incidental to the purpose of the conference.
(c) ""Entity'' means any individual, firm, partnership, association, corporation, organization, trust, school, or other legal entity or combination of these entities.
(d) ""Executive committee'' means the executive committee of the postsecondary education commission as defined in the postsecondary education commission bylaws.
(e) ""Executive director'' means the executive director of the postsecondary education commission, or designee.
(f) ""Operating balance'' means the amount of funds necessary for indemnification as determined by the executive director.
(g) ""Physical presence'' means any physical location, place of contact, telephone exchange, or mail drop in this state, and if an individual is conducting one or more of the following activities within this state:
(1) Advertising.
(2) Solicitation of potential students.
(3) Enrollment of students.
(4) Providing student services.
(5) Student mentoring.
(6) Instruction of students.
(h) ""Private postsecondary career school'' means any for-profit or nonprofit postsecondary career entity maintaining a physical presence in this state providing education or training for tuition or a fee that enhances a person's occupational skills, or provides continuing education or certification, or fulfills a training or education requirement in one's employment, career, trade, profession, or occupation. Schools that offer resident or non-resident programs, including programs using modes of alternative delivery, beyond the secondary school level to an entity shall be included in this definition regardless of the fact that the school's tuition and fees from education and training programs constitute only a part of the school's revenue.
(i) ""Vendor'' means an entity that promotes or exchanges goods or services for money.
(j) ""Workshop'' means a brief, intensive education or training program that focuses on developing techniques and skills in a particular area.
II. ""Private postsecondary career school'' shall not include:
(a) Schools authorized to grant degrees pursuant to RSA 292.
(b) Schools specifically licensed as an education or training school by a state agency other than the postsecondary education commission.
(c) Schools operated by a business organization exclusively for the training of that business' own employees and at no charge to its employees.
(d) Schools offering noncredit courses exclusively for avocational purposes.
(e) Schools established, operated, and governed by the state of New Hampshire or any of its political subdivisions, or any other state or its political subdivisions.
(f) Noncredit courses or programs sponsored by recognized trade, business, or professional organizations solely for the instruction of their members that do not prepare or qualify individuals for employment in any occupation or trade.
(g) Schools that offer programs and courses exclusively on federal military installations.
(h) Companies, individuals, or other legal entities that offer training at seminars, workshops, or conferences, if :
(1) Any training or education offered is incidental to the purpose of the seminar, workshop, or conference; and
(2) The attendee receiving the training is not awarded any form of a certificate, diploma, or credit including continuing education units for having received the training.
(i) Vendors that offer incidental training associated with the purchase of a product from said vendor, if the training is at no cost, its purpose is to familiarize the purchaser with its use and the purchaser is not awarded any form of a certificate or diploma for having received the training.
(j) An individual or facility training students under 14 C.F.R. part 91 or 14 C.F.R. part 141, or receiving flight or ground instruction required by the Federal Aviation Administration.
(k) Entities offering only training courses at a total cost, including tuition and all other fees and charges of not more than $800 per course for which no payment, including a deposit, is required or collected prior to the first day of the course. This subparagraph shall not apply to entities that use alternative delivery methods.
(l) Entities offering training in the trades that have been approved by a state agency with appropriate jurisdiction, including but not limited to the plumbers' board, the electricians' board, and the office of the state fire marshal.
(m) Computer technology vendors that offer fee based training on courses of instruction in the use of hardware or software if the course is offered to purchasers of such hardware or software, or to the purchaser's employees, by a person who manufactures and sells, develops and sells, or supports the hardware or software, and if the seller is not primarily engaged in the business of providing courses of instruction in the use of the hardware or software.
(n) Entities that license software, the content of which is focused on training or education, if the entity:
(1) Is primarily engaged in the business of licensing software;
(2) Licenses its software primarily to other legal entities, and not directly to an end user or individual student;
(3) Does not confer degrees, diplomas, continuing education units, or any other form of credit in connection with the software that it licenses;
(4) Is not accredited and does not seek accreditation in connection with the software that it licenses or the content it offers; and
(5) Does not offer an admissions process, financial aid, career advice, or job placement in connection with the software that it licenses.
Source. 2004, 190:2, eff. July 31, 2004. 2008, 338:2, eff. July 1, 2008. 2009, 32:2, eff. May 15, 2009.