Rule 268-10-3-.06 - SuspensionThis action is limited to a period of time not exceeding 60 days unless the school or lender and the designated GHEAC official agree to an extension or the designated GHEAC official commences limitation or termination proceedings before the suspension period expires. In that event, the suspension may be extended until such time as all steps in the limitation or termination procedures are exhausted. Procedures for suspension are as follows:
(a) The designated GHEAC official shall notify the school or lender by certified mail, with return receipt requested, of GHEAC's intent to suspend the school or lender, citing the consequences of that action and identifying the acts or circumstances on which the proposed action is based. The initially designated beginning date of a suspension shall not be less than 20 days from the date the letter of intent is mailed.(b) The school or lender which has received a suspension notice may request a hearing before a presiding officer and/or submit written material for consideration by the designated GHEAC official. If the school or lender submits written material and/or requests a hearing within 15 days of the suspension notice being mailed, the designated suspension date will automatically be delayed until after a final decision is issued.(c) If the school or lender does not request a hearing but submits written material, the designated GHEAC official considers that material and notifies the school or lender that either the proposed suspension is dismissed or the suspension is effective as of the specified date. If the suspension is upheld, the school or lender may still request a hearing and have the suspension deferred until hearing proceedings are completed, provided that the school or lender makes the request for a hearing within 10 days of receiving notice of the suspension being upheld.(d) If, under any of the cited circumstances as set forth herein, the school or lender requests a hearing, the date of the hearing will be at least 15 days after the request is received. Procedures for the hearing are as follows: 1. A presiding officer will conduct the hearing. A taped or stenographic record of the hearing will be made. Any party requesting a transcription or copy of the record must pay any associated costs.2. The presiding officer will consider any written material properly presented to the presiding officer prior to the hearing and all evidence presented at the hearing. If evidence is received by the presiding officer prior to the hearing, it shall become a part of the hearing record and shall be identified on the record before all parties at the commencement of the hearing.3. The presiding officer will make a recommendation to the Executive Director of GHEAC to either uphold the suspension or to overturn it.4. The Executive Director of GHEAC will review the recommendation and issue a final decision as supported by the presiding officer's recommendation and the evidence available.5. If the final decision is to suspend the school or lender, GHEAC will promptly notify the school or lender by certified mail with return receipt requested, and the suspension takes effect on the date that was originally set by the designated GHEAC official or immediately upon the date of mailing of the final decision notice, whichever is later.Ga. Comp. R. & Regs. R. 268-10-3-.06
Ga. L. 1987 p. 564 (Ga. Code Ann. 20-3-266).
ER 268-10-3-0.3-.06 was F. Aug. 31, 1992, eff. Aug. 27, 1992, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said ER, as specified by the Agency.Amended: Permanent Rule entitled "Suspension" adopted. F. Nov. 20, 1992; eff. Dec. 10, 1992.