W. Va. Code R. § 112-19-12

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 112-19-12 - Procedures Following Suspension or Permanent Disqualification for Violation

12.1. If the Board votes to terminate an individual or provider's participation in the program for a period of time or to permanently disqualify an individual or provider from participating in the program pursuant to section 11 of this rule, Staff will take the following actions:

12.1.1. Staff will immediately instruct the program manager to discontinue the individual or provider's ability to access or complete transactions with their portal account, if the individual or provider's account or provider status is not already on hold or frozen;

12.1.2. Staff will provide notice of the Board's action or actions to the affected individual or provider, with instructions for submitting an appeal to the Board; and

12.1.3. If an appeal is not filed within forty-five (45) calendar days following the Board vote or votes, Staff will take steps necessary to close any account associated with a terminated or disqualified individual or provider according to generally applicable procedures for closing Hope Scholarship accounts and remit all funds remaining in a closed Hope Scholarship account to the State.

12.2. When the Board determines that a violation has occurred that resulted in the improper payment of Hope funds to any person, the STO General Counsel shall make a written demand to the responsible party to repay the funds to the State if the amount of funds improperly paid is readily ascertainable. If Staff are unable to determine the amount of unlawfully paid funds or if Staff are unable recover demanded funds within 45 days following the demand, Staff will refer the matter to the State Auditor for collection.

W. Va. Code R. § 112-19-12