Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 15 - Student Financial Aid › Article 11 - General Provisions › 20 AAC 15.915 - Complaints and appeals

Current through May 31, 2024
(a) Except as
				provided in AS 44.64.030, a complaint or an
				appeal of a decision of or the program administration by the commission staff is
				governed by this section.
(b) The
				commission staff must answer a written complaint regarding a decision of or the
				program administration by the commission staff within 30 days after the
				commission's receipt. The commission staff shall keep a copy of the complaint and
				response in a complaint file. At each quarterly commission meeting, the
				commission staff shall provide the commission with a synopsis of the written
				complaints received during the preceding quarter and the action taken on the
				complaints.
(c) A response under (b)
				of this section may be appealed in writing to the executive director of the
				commission. The appeal must be postmarked within 40 days after the date of the
				response, must clearly state all objections to that response, and must set out
				any justification for the requested result. The appellant has the burden to prove
				by a preponderance of the evidence that the appellant is entitled to the
				requested result under the statutes and regulations governing the Alaska
				education loan programs. The executive director shall make a written decision on
				the appeal, including findings of fact and conclusions of law, as soon as
				possible after the receipt of the appeal. The executive director may contact the
				appellant to clarify the appeal or obtain additional information. Except as
				provided in (d) of this section, the decision of the executive director
				constitutes final agency action.
(d)
				Within 30 days after the mailing or distribution of the executive director's
				decision, the appellant may appeal to the commission a decision that denies loan
				eligibility under an Alaska education loan program. The appeal must clearly state
				all objections to that decision, and must set out any justification for the
				requested result. The appeal will be determined by the commission at its next
				quarterly meeting. The commission will review the materials reviewed by the
				executive director, the executive director's decision, the appeal, and any
				response by the executive director. The commission may allow the appellant and
				the commission's staff to make brief presentations at its meeting. The appellant
				has the burden to prove by a preponderance of the evidence that the appellant is
				entitled to the loan under the statutes and regulations governing the Alaska
				education loan programs. The executive director shall notify the appellant of the
				commission's decision, including findings of fact and conclusions of law. That
				notification constitutes final agency action.
(e) A request for a hearing on the commission's
				authority to seize a defaulted borrower's permanent fund dividend shall be
				accompanied by a $25 fee to cover costs of retrieval and duplication of the
				borrower's file, mailing of duplicated documents, and research of the borrower's
				payment history. This fee shall be waived if a borrower documents that the
				borrower's total income from all sources falls below the federal poverty
				guidelines for the borrower's family size. To request a waiver of fee under this
				subsection, the borrower must submit a request on a form or in a format provided
				by the commission and include with the request a copy of the borrower's federal
				income tax return for the past year. The commission will refund a fee paid under
				this subsection not later than 30 days after receipt of a decision by a court or
				administrative agency that the seizure was not allowed under
				AS
				14.43.145(a)(2) and
				20 AAC 15.970(e) (3). In this subsection,
				"federal poverty guidelines" means the United States Department of Health and
				Human Services poverty guidelines for this state established in 80 Fed. Reg.
				3236-3237, revised as of January 22, 2015, and adopted by reference.
As of Register 160 (January 2002), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), and in
					 accordance with ch. 85, sec. 45, SLA 2001, to change "student loan" to "education
					 loan" in 20 AAC 15.915(c) and (d).
A copy of the "federal poverty guidelines" adopted by
					 reference in
					 20 AAC 15.915 may be obtained from the Alaska Commission on
					 Postsecondary Education, 3030 Vintage Blvd., Juneau, Alaska
					 99801-7109.
Authority:
AS
					 14.43.100
AS 14.43.105
AS 14.43.320
AS 14.43.630
AS 14.43.640
AS
					 14.43.740