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 30301 - Definition of Certain Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Act. Title IV
				  Higher Education Act of 1965, as amended,
				  20 U.S.C.
				  1070 ff, and
				  42 U.S.C.
				  2751-2756(b).
(b) Action. Any proceeding or notification which
				  limits, suspends or terminates the participation of an institution in the CELP,
				  including those taken without the need of conforming to the procedures of this
				  subpart such as a limitation, suspension, termination or other similar action taken
				  as a result of a violation of a Consent Agreement or termination as provided in
				  Section 30300.
(c) Applicable Laws. Applicable laws include, but
				  are not limited to: The Higher Education Act of 1965, as amended; Section
				  69760-
				  69779 of the
				  California Education Code; California Fair Debt Collection Practices Act (California
				  Civil Code, Section
				  1788 ff); Truth in
				  Lending Act (15 U.S.C.
				  1602 ff).
(d) Binding Arbitration. The presentation of
				  issues to a disinterested person chosen by the parties to hear their contention and
				  render a judgment which the institution and the California Student Aid Commission
				  agree to honor.
(e) California
				  Educational Loan Programs (CELP), California Guaranteed Student Loan Program and
				  California Loans to Assist Students.
(f)
				  CELP Official. An official of the CELP who has been delegated by the Director,
				  California Student Aid Commission, the responsibility for initiating and pursuing
				  action under this subpart.
(g) Consent
				  Agreement. A voluntary agreement reached between the institution and the CELP
				  Official which fully or partially settles the dispute(s) between the
				  parties.
(h) Delivery. The release of
				  CELP check to a borrower.
(i) Funds. Any
				  money (including checks, drafts, or other instruments), any commitment to provide
				  money, or any commitment of insurance which has been (or may be) provided under the
				  CELP to a borrower or an institution.
(j) Hearing. The orderly presentation of arguments
				  and evidence before a Hearing Officer.
(k) Hearing Officer. An impartial person,
				  appointed by the Director, California Student Aid Commission, with no prior
				  involvement with the facts giving rise to action under this subpart, who is either;
(1) an attorney who has been admitted to the
				  practice of law in California for at least five (5) years preceding his appointment
				  and possesses any additional qualifications established by the California State
				  Personnel Board for the particular class involved;
(2) a person who is an arbitrator qualified by the
				  American Arbitration Association; or
(3)
				  any other person who meets the qualifications (other than merely testing) for the
				  position of Administrative Law Judge for the Federal Government.