Rule 268-10-3-.08 - Appeals in a Limitation or Termination ProceedingA school or lender may appeal a final decision to limit or terminate its participation in the GHEAC program. GHEAC must be notified of the appeal within 20 days of the effective date of the limitation or termination action. Upon receipt of an appeal, the procedures are as follows:
(a) The presiding officer will set a time period for the appealing school or lender to submit additional written material, including exceptions to the initial decision, proposed findings and conclusions, and supporting briefs and statements.(b) The presiding officer will review the materials and makes a recommendation to the Executive Director.(c) The Executive Director issues a final decision, affirming, modifying or revising the initial decision, including a statement of the reasons for the decision.(d) Any party submitting materials to GHEAC must provide copies to each party participating in the hearing.(e) If the initial decision would limit or terminate the school's or lender's eligibility, it does not take effect pending the appeal, unless the Executive Director of GHEAC determines that a stay of the effective date would seriously and adversely affect the GHEAC program.Ga. Comp. R. & Regs. R. 268-10-3-.08
Ga. L. 1987 p. 564 (Ga. Code Ann. 20-3-266).
ER 268-10-3-0.3-.08 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 "Appeals in a Limitation or Termination Proceeding" adopted. F. Nov. 20, 1992; eff. Dec. 10, 1992.