Ala. Admin. Code r. 300-4-10-.13

Current through Register Vol. 43, No. 1, October 31, 2024

Section 300-4-10-.13 - Review Procedures

(1) The Alabama Commission on Higher Education reserves the right to review the administrative controls and compliance aspects of the Technology Scholarship Program for Alabama Teachers at the eligible institution.

(2) The primary objectives identified for the reviewer conducting institutional reviews are:

(a) To determine if the institution's reports present information accurately and in conformity with the Technology Scholarship for Alabama Teachers Regulations, and whether all reports are prepared on a consistent basis from one period to the next;

(b) To determine whether the institution has implemented, and is utilizing, reasonable procedures and internal controls for effectively discharging management responsibilities and for adequately protecting the State's interest;

(c) To review institutional records and report on areas of noncompliance; and,

(d) Based upon the review, to provide constructive recommendations to the institution.

(3) The institution shall make all records and information relative to the Technology Scholarship Program for Alabama Teachers available to the reviewer.

(4) A written report shall be provided by the reviewer to the institution and shall include:

(a) Any finding of inaccuracies in institutional reports;

(b) Any inconsistencies in institutional reports;

(c) Conclusions regarding the adequacy of administrative controls;

(d) Any areas of noncompliance; and,

(e) Recommendations for improvement.

(5) If the eligible institution does not concur with all items in the written report, a written appeal should be submitted to the Executive Director of the Alabama Commission on Higher Education.

(6) When an institutional review reveals sufficient problems pertaining to the Technology Scholarship Program for Alabama Teachers at an institution, the Executive Director of the Alabama Commission on Higher Education may:

(a) Impose a temporary suspension of TSPAT payments to the institution;

(b) Suspend the institution from participation in the Technology Scholarship Program for Alabama Teachers for an indefinite period of time;

(c) Demand payment credit of TSPAT funds to an eligible student or repayment of TSPAT funds to the State of Alabama to remedy a violation of applicable laws, regulations, agreements, or operating procedures; or,

(d) Refer any problems to the Attorney General of the State of Alabama, or any District Attorney of the State of Alabama, for appropriate legal action.

(7) A suspended institution may request a hearing by the Alabama Commission on Higher Education. The institution shall be notified in writing of the time and place of such Commission hearing.

(8) After such hearing, the Alabama Commission on Higher Education shall determine, at an official meeting of the Commission, whether to:

(a) Continue the suspension pending the receipt of any additional information the Commission may require;

(b) Continue the Executive Director's suspension subject to limitation or exceptions;

(c) Revoke or lift the suspension and restore the institution to full participation as authorized under the Regulations;

(d) Terminate the institution's eligibility for an indefinite period of time;

(e) Demand payment credit of TSPAT funds to an eligible student or repayment of TSPAT funds to the State of Alabama to remedy a violation of applicable laws, regulations, agreements, or operating procedures; or,

(f) Take any other action the Commission deems necessary, including referral to the Attorney General of the State of Alabama, or any District Attorney of the State of Alabama, for appropriate action.

Author:

Ala. Admin. Code r. 300-4-10-.13

New Rule: Filed November 7, 1997; effective December 12, 1997.

Statutory Authority: Act 93-636.