206-38 Wyo. Code R. § 38-18

Current through April 27, 2019

Section 38-18 - Appeal of Initial and Continuing Eligibility Decisions

(a) The following decisions concerning initial scholarship eligibility are subject to the appeals process described in this section:

(i) Ineligibility because the student did not graduate from an eligible high school and is not otherwise eligible as a home-schooled student or HSEC holder;

(ii) Ineligibility because the student did not apply for a scholarship within forty-eight (48) months of his high school graduation or completing home-based coursework pursuant to W.S. 21-16-1308(b)(iii);

(iii) Ineligibility because the student's coursework does not meet success curriculum requirements; and

(iv) Ineligibility because the student is incarcerated or has been convicted of a felony.

(b) The following decisions concerning continuing scholarship eligibility are subject to the appeals process described in this section:

(i) Ineligibility because the student exceeded the limit of the equivalent of eight (8) full-time semesters;

(ii) Ineligibility because six (6) academic years following the student's initial eligibility have elapsed;

(iii) Ineligibility because the student failed to maintain continuous enrollment for not less than two (2) semesters in each successive academic year;

(iv) Ineligibility because the student failed to maintain satisfactory academic progress;

(v) Ineligibility because the student failed to maintain the cumulative grade point average required by the student's scholarship; and

(vi) Ineligibility because the student becomes incarcerated, adjudged guilty of a felony, or adjudged to have violated the terms of his probation or parole.

(c) Except for decisions regarding felony conviction (or because the applicant violated terms or conditions of probation or parole), an applicant may appeal an institution's eligibility determination by petitioning the institution for a review of its original decision. An applicant may appeal the institution's final decision to the Department as provided in this section.

(d) An applicant who is ineligible due to felony conviction (or because the applicant violated terms or conditions of probation or parole) may appeal directly to the Department without first petitioning the institution for a review of its original decision. The Department shall not grant exceptions unless the applicant is currently meeting all terms and conditions of probation or parole and is otherwise eligible for a scholarship.

(e) When reviewing determinations made by eligible institutions, the Department may consider evidence not considered by the eligible institution.

(f) When reviewing determinations made by eligible institutions, the Department may consider whether good cause is a proper basis for granting exceptions to provisions contained in statute or rules to the extent authorized by law. Good cause determinations shall be made on a case-by-case basis.

(g) The applicant wishing to appeal the final decision of an eligible institution shall submit a request for appeal in writing to the eligible institution within 30 days of the institution's final decision. The eligible institution shall submit the request to the Department. The request shall include:

(i) Name, mailing address, contact information, and scholarship level sought by the student;

(ii) A short, concise statement identifying the exception being requested and the reasons supporting an exception; and

(iii) All documents, papers, or other materials that support the statements made or are in any other way pertinent to the matter.

(h) The Department shall consider all information and materials presented and make an independent decision regarding the request. The Department shall issue its decision in writing within forty-five (45) days of the Department receiving the materials. The Department's decision is final agency action subject to judicial review under W.S. 16-3-114(a).

206-38 Wyo. Code R. § 38-18

Amended, Eff. 8/19/2015.

Amended, Eff. 9/10/2018.