Ala. Admin. Code r. 300-4-4-.06
Current through Register Vol. 43, No. 1, October 31, 2024
Section 300-4-4-.06 - Review Procedures(1) The review will enable the reviewer to express an opinion of the administrative controls and the compliance aspects of the Alabama National Guard Educational Assistance Program at the Alabama Military Department or the approved institution.(2) The primary objectives identified for the reviewer conducting reviews are: (a) To determine whether the department's or institution's reports present information accurately and in conformity with the Alabama National Guard Educational Assistance Program Regulations, and whether all reports are prepared on a consistent basis from one period to the next;(b) To determine whether the department or institution has implemented, and is utilizing, reasonable procedures and interval controls for effectively discharging management responsibilities and for adequately protecting the State's interest;(c) To review departmental or institutional records and report on areas of noncompliance; and(d) Based upon the review, to provide constructive recommendations to the department or to the institution.(3) The Alabama Military Department and the institution shall make all records and information relative to the Alabama National Guard Educational Assistance Program available to the reviewer.(4) A written report shall be provided by the reviewer to the department or the institution and shall include:(a) Any findings of inaccuracies in departmental or institutional reports;(b) Any inconsistencies in departmental or institutional reports;(c) Conclusions regarding the adequacy of administrative controls;(d) Any areas of noncompliance; and(e) Recommendations for improvement.(5) If the department or approved institution does not concur with all items in the written review 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 Alabama National Guard Educational Assistance Program at an institution, the executive director of the Alabama Commission on Higher Education may:(a) Impose a temporary suspension of grant payments to the eligible institution;(b) Suspend the institution from participation in the Alabama National Guard Educational Assistance Program for an indefinite period of time;(c) Demand payment of any Alabama National Guard Educational Assistance Program funds to a student or repayment of funds to the State of Alabama to remedy a violation of applicable laws, regulations, agreements, or operating procedures; or(d) Refer any problem to the Attorney General 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 Alabama Commission on Higher Education 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 or academic program to full participation as authorized under the regulations;(d) Terminate the institution's eligibility for an indefinite period of time;(e) Demand payment of any Alabama National Guard Educational Assistance Program funds to a student or repayment of funds to the State of Alabama to remedy a violation of applicable laws, regulations, agreements, or operating procedures; or(f) Take any other appropriate action the Alabama Commission on Higher Education deems necessary, including referral to the Attorney General of the State of Alabama for appropriate legal action. Author:
Ala. Admin. Code r. 300-4-4-.06
Statutory Authority:Code of Ala. 1975, §§ 31-10-1, et seq.