3
S.L.C.
``(II) has evaluation of distance
1
education programs within the scope
2
of its recognition; and
3
``(ii) the institution offering the program--
4
``(I) has not had its participation in
5
programs under this title limited, sus-
6
pended, or terminated within the preceding
7
5 years;
8
``(II) has not had or failed to resolve
9
an audit finding or program review finding
10
under this Act during the preceding 2
11
years that resulted in the institution being
12
required to repay an amount that is great-
13
er than 10 percent of the total funds the
14
institution received under the programs
15
authorized by this title for any award year
16
covered by the audit or program review;
17
``(III) has not been found by the Sec-
18
retary during the preceding 5 years to be
19
in material noncompliance with the provi-
20
sions of this Act related to the submission
21
of acceptable and timely audit reports re-
22
quired under this title; and
23
``(IV) is determined to be financially
24
responsible under regulations promulgated
25
O:\KOS\KOS03.349
