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 30311 - Hearing on the Record and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing shall take place in Sacramento, California at a
					 place selected by the CELP Official, shall be attended by the CELP Official and the
					 authorized representative of the institution, shall be limited to legal issues and
					 those matters of fact to which the CELP Official and the institution have been
					 unable to stipulate. The hearing process may be limited as agreed upon by the CELP
					 Official, the institution, and the Hearing Officer in areas such as a restriction on
					 the number of submissions, a hearing by telephone conference call, a review limited
					 to the written records, or a certification by the parties to facts and issues not in
					 dispute. The parties may enter into stipulations during the course of the hearing.
					 Any stipulations agreed to shall be submitted to the Hearing Officer as soon as
					 possible after the stipulation is executed. The institution may be represented by
					 legal counsel at the hearing, but the CELP Official is under no obligation to
					 provide such counsel. Formal rules of evidence and procedures applicable to
					 proceedings in courts of law are not required.
There shall be no discovery proceedings under this subpart, but
					 the parties are encouraged to exchange relevant documents or information, and the
					 Hearing Officer shall only accept evidence that is relevant and material to the
					 hearing. Parties may object to any evidence which they consider to be irrelevant,
					 immaterial, or unduly repetitious.
A record shall be made of the hearing. The record of the hearing
					 shall not be transcribed except upon request of a party. The party requesting the
					 transcription, or seeking a copy of a transcription previously made, shall pay a
					 reasonable fee not to exceed the actual cost thereof.
The Hearing Officer shall issue a written decision within thirty
					 (30) days following the conclusion of the hearing except as otherwise provided in
					 these regulations. A limitation, suspension, or termination, after the hearing, is
					 effective on the second day following the date that a copy of the decision is mailed
					 by certified mail (return receipt requested) to the institution or on the effective
					 date stated in the decision, whichever is later.
The party not prevailing at the hearing shall pay the cost
					 incurred for the employment of the Hearing Officer. If the institution must make
					 payment of hearing expenses, said payment shall be made to the CELP Official within
					 twenty (20) days of the decision. The CELP Official may take whatever action he/she
					 deems appropriate, including offset and legal action, to collect the funds due from
					 the institution. The CELP official may also collect interest on funds due, up to
					 twelve (12) percent per annum, beginning with the date following the expiration of
					 the twenty (20) days referred to above.
1. Renumbering of
					 former section 30311 to section
					 30312, and renumbering of Section
					 30310 to Section
					 30311 filed 8-23-88; operative 9-22-88
					 (Register 88, No. 35).
2. Amendment filed 2-9-90 as an emergency;
					 operative 2-9-90 (Register 90, No. 7). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 6-11-90.
3. Certificate of Compliance as to 2-9-90 order transmitted to
					 OAL 6-8-90 and filed 7-9-90 (Register 90, No. 34).
Note: Authority cited: Section
						69763(a),
						Education Code. Reference: 20
						U.S.C. 1078(b)(1)(T) &(U),
						1082(h) and 1094(c); and 34
						C.F.R. 668.81 -
						668.97.