Rule 268-10-3-.07 - Limitation or TerminationA termination removes the eligibility of the school or lender to participate in the GHEAC program for an indefinite period of time. A limitation may place a restriction on the amount or number of loans or any other reasonable restrictive requirements or conditions for an indefinite period of time. Procedures for limitation or termination are as follows:
(a) The designated GHEAC official notifies the school or lender by certified mail, with return receipt requested, of GHEAC's intent to impose limitations or terminate the school's or lender's participation in the GHEAC program, citing the consequences of the intended action and identifying the acts or circumstances on which the proposed action is based. The initially designated beginning date of the limitation or termination 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 limitation or termination 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 limitation or termination notice being mailed, the designated limitation or termination date will automatically be delayed until alter 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 limitation or termination is dismissed or the limitation or termination is effective as of a specified date. If the limitation or termination is upheld, the school or lender may still request a hearing and have the limitation or termination 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 limitation or termination being upheld.(d) If, under any of the cited conditions 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 uphold the limitation or termination, overturn it, impose a different limitation or impose a suspension. The presiding officer may also make a recommendation of corrective action by the school or lender, but may not recommend compromise of any amount owed by the school or lender as reimbursement of funds improperly claimed, received, withheld, disbursed or caused to be disbursed.4. The Executive Director of GHEAC will review the recommendation and issue a final decision, including required corrective action as appropriate, as supported by the presiding officer's recommendation and the evidence available.5. If the final decision is to limit or terminate the school or lender, GHEAC will promptly notify the school or lender by certified mail with return receipt requested, and the limitation or termination 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.(e) With the approval of the presiding officer and the consent of the designated GHEAC official and the school or lender, any time schedule specified in this Section may be shortened.Ga. Comp. R. & Regs. R. 268-10-3-.07
Ga. L. 1987 p. 564 (Ga. Code Ann. 20-3-266).
ER 268-10-3-0.3-.07 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 "Limitation or Termination" adopted. F. Nov. 20, 1992; eff. Dec. 10, 1992.