La. Admin. Code tit. 28 § IV-2109

Current through Register Vol. 50, No. 11, November 20, 2024

Section IV-2109 - Agency Decisions Subject to Appeal

A. Right of Appeal

1. A person aggrieved by an adverse decision of LOSFA under §2103. E 11.a.ii may appeal the decision in accordance with the procedures provided in this Section.

2. Appeals are made to the Louisiana Board of Regents (the board).

3. Decisions of the board are not subject to appeal and are final actions.

B. Notice of Adverse Decision

1. Notice of an adverse decision by LOSFA under §2103. E 11.a.ii must be transmitted in writing to the applicant or participant. The notice must state with reasonable specificity the decision and the reason for the decision, state that the decision may be appealed, and set forth the procedure for submission of an appeal.

C. Petition of Appeal

1. A petition of appeal must be in writing and filed within 30 days of the date of the notice of the decision.

2. The petition of appeal must include:

a. a sworn affidavit from the petitioner setting forth the basis of the appeal, including the specific reasons that LOSFA's decision is incorrect, and all facts supporting the appeal;

b. copies of all documents, including written statements by others, if any, that support the appeal;

c. official transcripts from the school/colleges attended during the periods in question; and

d. if the petitioner desires to make an oral presentation and/or argument, the petitioner must include in the petition for appeal:

i. a request to make oral presentation and/or argument;

ii. the name of each person who will speak and a brief summary of what each person will say; and

iii. the reasons why presentation of the appeal in writing is not sufficient and that an oral presentation and/or argument is justified.

3. The petitioner is not required to include documents in the petition of appeal which were forwarded with previous correspondence regarding the appeal.

4. The petition of appeal must be addressed to the Louisiana Board of Regents, in care of the Executive Director, Office of Student Financial Assistance and sent to Box 91202, Baton Rouge, LA 70821-9202, or hand delivered to 602 North Fifth Street, Galvez State Office Building, Sixth Floor, Baton Rouge, LA.

5. Oral Presentations and/or Arguments

a. The board may allow presentations and/or arguments when the board determines that such extraordinary procedures are justified based on information submitted by the petitioner.

b. LOSFA shall have the right to question the appellant and each person making an oral presentation on behalf of the appellant.

c. The Louisiana Board of Regents chairman may limit the time available to the appellant to make an oral presentation.

D. Appellate Procedure

1. After receipt of the Petition of Appeal, LOSFA will review the petition of appeal and determine whether the matters included in it are sufficient to change LOSFA's adverse decision. If, based upon new information submitted, LOSFA reverses its decision and approves the appeal, the petitioner will be notified in writing and no further action will be taken on the petition.

2. If LOSFA's decision remains adverse, LOSFA will prepare and forward the appellate's file (including the petition of appeal, the original request for reinstatement, LOSFA records relating to the appeal, and a written statement of LOSFA's position regarding the appeal) to the Louisiana Office of Student Financial Assistance (LOSFA) Advisory Board.

3. If the petition of appeal contains the appellant's request to make an oral presentation or argument, LOSFA shall notify the appellant in sufficient time to permit the appellant to be present when the appeal is scheduled to be heard by the LOSFA Advisory Board.

4. Pending a decision by the LOSFA Advisory Board, no further action will be taken in the matter by LOSFA.

5. The LOSFA Advisory Board will review the appellate file and make one of the following recommendations to the board:

a. recommend that LOSFA's decision be upheld; or

b. recommend that LOSFA's decision be reversed; or

c. remand the appellate file to LOSFA for further specified action(s); or

d. remand the appellate file to the board without recommendation.

6. The LOSFA Advisory Board will forward the appellate file and its recommendation to the board. The board will review the recommendations of the LOSFA Advisory Board and the appellate file.

7. The board may adopt the recommendations of the LOSFA Advisory Board or make a contrary decision approving or reversing LOSFA's decision, or remanding the matter to LOSFA for further specified actions.

8. Remanded matters will be expeditiously processed by LOSFA and returned to the board for a final decision.

9. A decision of the board to approve or reverse LOSFA's decision is final and is not subject to further review.

La. Admin. Code tit. 28, § IV-2109

Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:650 (April 1998), amended LR 24:1920 (October 1998), LR 26:1261 (June 2000), repromulgated LR 27:1870 (November 2001), amended LR 28:2333 (November 2002), LR 33:442 (March 2007), Amended by the Board of Regents, Office of Student Financial Assistance, LR 44000 (3/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3031.