Section 67
(1) The Educational Authority
a) shall keep an authentic register of data recorded in the Statutes of higher education institutions, and of the public personal data – or other data as specified by law – due to public interest specified in Part II/A of Annex 3,
b) shall decide on the registration of higher education institutions, not operating as a budgetary organisation, as public benefit organisations, and
c) shall register the Higher Education Planning Board, the Hungarian Rectors’ Conference, the Hungarian Higher Education Accreditation Committee (hereinafter: Hungarian Accreditation Committee), the National Union of Students in Hungary, and the Association of Hungarian PhD. and DLA Students.
(2) The Educational Authority shall perform the regulatory tasks relating to the establishment and registration of higher education institutions, the taking-up and modification of their activities, the keeping of changes to the register, and any deletion from the register.
(3) The Educational Authority shall proceed in matters relating to a) the licensing of the operation of higher education institutions, b) changes to data recorded in the Statutes,
c) launch of study programmes,
d) the establishment and modification of the maximum number of students admissible, e) the establishment and termination of doctorate schools,
f) registration of students’ halls maintained by a church, religious legal entity, or foundation. (4) The Educational Authority shall obtain the expert opinion of the Hungarian Accreditation Committee in the procedures set forth in Paragraphs a) and e) of Subsection (3), in Paragraph c) of Subsection (3) in case of launching Bachelor and master programmes, and in Paragraph b) of Subsection (3) in relation to scientific and related educational and research matters. In the course of the procedure specified in Paragraph e) of Subsection (3), the Educational Authority shall be bound by the expert opinion of the Hungarian Accreditation Committee. Appeals filed against the decision of the Educational Authority shall be decided upon by the minister. The provisions laid down in this Subsection shall also be applicable, if a Hungarian higher education institution intends to offer off-site training outside the territory of the Republic of Hungary
(5) In the procedures set forth in Paragraph c) of Subsection (3) – as Bachelor or Master programmes offered in Hungary –, the commencement of programmes provided at the registered seat or branch office of higher education institutions may be allowed.
(6) The Educational Authority, or the minister, in order to adopt their decisions, may obtain the opinion of independent experts, and may have prepared international comparative studies. (7) The person filing the application for any of the procedures regulated in this Section shall pay an administrative procedural service fee set forth in a separate piece of legislation.
Section 68
(1) The Educational Authority
a) shall supervise the legality of the operation of higher education institutions recorded in its register in the course of regulatory supervision,
b) shall participate in the legality supervision conducted by the minister.
(2) As the result of the regulatory supervision specified in Paragraph a) of Subsection (1), the Educational Authority
a) may initiate the action of the maintainer,
b) may recommend that the minister conducts a legality supervision procedure under Section 65,
c) may impose a fine, the amount of which may range from 100 percent of the mandatory minimum wage (minimum wage) for full time employment up to 50 times the minimum wage,
d) in case of foreign higher education institutions, may inform the competent authorities of the state of establishment of the respective institution.
(3) The Educational Authority shall authorize the production and distribution of forms issued centrally and to be used in a mandatory manner by Hungarian higher education institutions. The authorisation may not be refused, if all statutory provisions are met.
(4) The provisions of Act on the General Rules of Administrative Proceedings and Services shall be applicable to the procedures and supervisions regulated in Section 67 and in Subsections (1) to (3) of this Section.
Section 69
(1) Prior to preparing a proposal for the appointment of a university professor, the rector of the higher education institution shall request an expert opinion from the Hungarian Accreditation Committee.
(2) The rector of the higher education institution shall prepare the proposal for the appointment of the university professor by taking into account the expert opinion, which he or she shall send together with the expert opinion to the maintainer of the higher education institution. The maintainer of a non-state institution of higher education shall send the rector’s proposal together with the expert opinion of the Hungarian Accreditation Committee and a review on its position to the Minister.
(3) The Minister shall obtain a second expert opinion from the Hungarian Accreditation Committee if the proposal of the rector of the higher education institution is incongruous with the expert opinion of the Hungarian Accreditation Committee. Where the rector’s proposal and the expert opinion of the Hungarian Accreditation Committee are in accordance, the Minister shall recommend the President of the Republic of Hungary to appoint the university professor. If the rector’s proposal and the expert opinion of the Hungarian Accreditation Committee are incongruous, the Minister may, at his/her discretion, initiate the appointment of the university professor.
(4) With respect to the procedure regulated in subsection (1), the Hungarian Accreditation Committee shall assess the candidate’s educational, academic, or artistic attainments in addition to the relevant laws.
CHAPTER XVIII
BODIES IMPLEMENTING STATE POWERS 41. The Hungarian Accreditation Committee Section 70
(1) The Hungarian Accreditation Committee is a national expert body promoting the supervision, assurance, and evaluation of the quality of higher education, scientific research, and the scientific quality of artistic creation, which participates under this Act in procedures relating to higher education institutions, with special regard to doctorate schools.
(2) The Hungarian Accreditation Committee shall ensure that its professional evaluation criteria, the contents of opinions and positions adopted by it, and the identity of participating experts – which information are public data for public interest – are publicly available. The evaluation criteria of the Hungarian Accreditation Committee shall be applicable to the entire Hungarian higher education in a uniform manner, irrespective of the maintainers of such institutions.
(3) The Hungarian Accreditation Committee is authorised to acquire a non-profit legal status regulated in Act CLXXV of 2011 on the Rights of Association, non-profit status and the operation and funding of Civil Organizations.
Section 71
1 (1) The Hungarian Accreditation Committee shall be comprised of 18 members. The minister shall delegate 9 members, the Hungarian Academy of Sciences 2 members, the Hungarian Academy of Arts 1 member, the Hungarian Rectors’ Conference 3 members, religious legal entities maintaining higher education institutions 2 members, and the Association of Hungarian PhD. and DLA Students 1 member. With the exception of the member delegated by the Association of Hungarian PhD. and DLA Students, all members
shall hold scientific qualification. During delegation, the delegating entities shall coordinate with each other in order to ensure the proportionate representation of larger fields of science. Members of the Higher Education Planning Board, rectors, and government officials may not be members of the Hungarian Accreditation Committee.
(2) From the members of the Committee, the minister and the president of the Hungarian Academy of Sciences proposes the president of the Hungarian Accreditation Committee. The President shall be appointed by the Prime Minister.
(3) The Hungarian Accreditation Committee shall select officials from its members and shall establish its rules of operation.
(4) The delegated members are appointed by the prime minster upon the proposal of the minister. The appointment may be extended once. With the exception of the member delegated by the Association of Hungarian PhD. and DLA Students, the members shall be appointed for a period of six years. The member delegated by the Association of Hungarian PhD. and DLA Students shall be appointed by the prime minister for two years.
(5) In case of identical subject or person, within the frame of a legal procedure – the conditions of which shall be defined in paragraph 67. and 68.-, the Hungarian Accreditation Committee shall operate an “ Review Committee” that is based on neutral and objective criteria and shall have 3 members. The minister delegates the members of the Review Committee ; The regulations applicable to the other members of the Hungarian Accreditation Committee concerning mandate and conflict of interest also apply to the members of the Review Committee except that a person who was the member of the Hungarian Accreditation Commitee in the previous three years cannot be the member of the Review Committee.
42. Professional bodies of higher education institutions