California Code of Regulations › Title 5 - Education › Division 4 - California Student Aid Commission › Chapter 1 - California Student Aid Commission › Article 11 - Imposition of Civil Penalties, and Limitation, Suspension and Termination of Eligibility, Under the California Guaranteed Student Loan Program (CGSLP) and the California Loans to Assist Students (Clas) Program › Section 30313 - Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A respondent party not prevailing at a hearing may seek final
					 administrative remedy by appealing the Hearing Officer's decision to the eleven
					 member California Student Aid Commission. The decision of the Hearing Officer will
					 remain in effect pending the conclusion of this final administrative review. Request
					 for, and necessity of, appeal shall be presented in writing to the CELP Official
					 within twenty (20) days of the respondent's receipt of the Hearing Officer's
					 decision. The appeal may be scheduled for review by the California Student Aid
					 Commission and the time and place for the appeal, if granted, shall be given to the
					 appellant within sixty (60) days of receipt of the request for appeal by certified
					 mail (return receipt requested). Effective dates of these time restrictions are
					 established by the postmarked dates of requests for appeal.
The respondent party seeking review by appeal shall limit its
					 presentation solely to evidence introduced into the record at the hearing,
					 stipulations of the parties, and matters that may be judicially noticed and shall
					 make a reasonable showing that a prejudicial procedural error was committed in the
					 conduct of the hearing or that the Hearing Officer's decision embodies a finding or
					 conclusion of material fact which is clearly erroneous or embodies a legal
					 conclusion which is erroneous.
In reaching its final administrative decision, the Commission
					 shall consider only evidence introduced into the record at the hearing, stipulations
					 of the parties, and matters that may be judicially noticed.
The Commission's decision may affirm, modify, or reverse the
					 Hearing Officer's decision. The appellant shall be notified of the Commission's
					 decision by mailing a notice by certified mail (return receipt requested) to the
					 appellant within thirty (30) days of the date the appeal was heard by the
					 Commission.
The California Student Aid Commission's decision to grant or not
					 grant final administrative remedy by hearing an appeal, is not subject to judicial
					 review. If, however, the Hearing Officer's decision is upheld by the Commission, or
					 the request for an appeal is denied, such decisions shall be subject to review in
					 accordance with the standards for judicial review established by
					 law.
1. Renumbering of
					 former Section 30313 to Section
					 30314, and renumbering of Section
					 30312 to Section
					 30313 filed 8-23-88; operative 9-22-88
					 (Register 88, No. 35).
Note: Authority cited: Section
						69763, Education
						Code. Reference: 20 U.S.C.
						1078(b)(2),
						1078-2(a);
						34 C.F.R.
						682.401(c)(2)(ii),
						683.31(c)(2)(ii); and
						Section 69763, Education
						Code.