reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.27 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the commission within 30 days after issuance of the
			 proposed decision.
(2)
Review.
The commission may initiate review of a proposed
			 decision on its own motion at any time within 30 days following the issuance of
			 such a decision.
(3)
Notice
			 of appeal
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with the college student aid commission. The notice of
			 appeal must be signed by the appealing party or a representative of that party
			 and contain a certificate of service. The notice shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the commission decision on the existing record and whether, on the
			 basis of the grounds enumerated in subrule 5.27(4), the applicant requests an
			 opportunity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the college student aid commission within 20
			 days after issuance of the final decision.
(4)
Notice to other parties.
A copy of the application shall be timely mailed by the applicant to all
			 parties of record not joining therein. If the application does not contain a
			 certificate of service, the commission shall serve copies on all
			 parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the commission grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.29 - Stays of Commission Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party to a contested case proceeding
			 may petition the college student aid commission for a stay of an order issued
			 in that proceeding or for other temporary remedies, pending review by the
			 commission. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The commission
			 may rule on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
			 may petition the college student aid commission for a stay or other temporary
			 remedies pending judicial review, of all or part of that proceeding. The
			 petition shall state the reasons justifying a stay or other temporary
			 remedy.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.30 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 5 - Contested Cases › Rule 283-5.31 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, and consistent with the Constitution
			 and other provisions of law, the commission may issue a written order in
			 compliance with Iowa Code section
			 17A.18 to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 commission by emergency adjudicative order Before issuing an emergency
			 adjudicative order, the commission shall consider factors including, but not
			 limited to, the following:
a. Whether there
			 has been a sufficient factual investigation to ensure that the commission is
			 proceeding on the basis of reliable information;
b. Whether the specific circumstances which
			 pose immediate danger to the public health, safety or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the commission is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Commission "
means the Iowa college student
				aid commission.
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the commission is prohibited
				by law from making available for examination by members of the public, and
				records or information contained in records that are specified as confidential
				by Iowa Code section
				22.7, or other
				provision of law, but that may be disclosed upon order of a court, the lawful
				custodian of the record, or by another person duly authorized to release the
				record. Mere inclusion in a record of information declared confidential by an
				applicable provision of law does not necessarily make that entire record a
				confidential record.
"Custodian "
means the commission, or a person
				lawfully delegated authority by the commission to act for the commission in
				implementing Iowa Code chapter 22.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information "
means
				information about or pertaining to an individual in a record which identifies
				the individual and which is contained in a record system.
"Record"
means the whole or a part of a
				"public record," as defined in Iowa Code section
				22.1, that is owned
				by or in the physical possession of the commission.
"Record system "
means any group of records
				under the control of the commission from which a record may be retrieved by a
				personal identifier such as the name of an individual, number, symbol, or other
				unique retriever assigned to an individual.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				access to open records. It also seeks to facilitate sound commission
				determinations with respect to the handling of confidential records and the
				implementation of the fair information practices Act. The commission is
				committed to the policies set forth in Iowa Code chapter 22; commission staff
				shall cooperate with members of the public in implementing the provisions of
				that chapter.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule 6.3(17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record may be required to provide
			 proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
			 may require a request to examine and copy a confidential record to be in
			 writing. A person requesting access to such a record may be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 access to the confidential record and to provide any proof necessary to
			 establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
			 injunction.
After the custodian receives a request for access to a
			 confidential record, and before the custodian releases such a record, the
			 custodian may make reasonable efforts to notify promptly any person who is a
			 subject of that record, is identified in that record, and whose address or
			 telephone number is contained in that record. To the extent such a delay is
			 practicable and in the public interest, the custodian may give the subject of
			 such a confidential record to whom notification is transmitted a reasonable
			 opportunity to seek an injunction under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specific period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester If the requester indicates to the custodian
			 that a written notification of the denial is desired, the custodian shall
			 promptly provide such a notification that is signed by the custodian and that
			 includes:
a. The name and title or position
			 of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents, or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any commission proceeding.
				The requester shall send the request to review such a record or the written
				statement of additions, dissents, or objections to the custodian or to the Iowa
				college student aid commission. The request to review such a record or the
				written statement of such a record of additions, dissents, or objections must
				be dated and signed by the requester, and shall include the current address and
				telephone number of the requester or the requester's
				representative.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed (and, where applicable,
				the time period during which the record may be disclosed). The person who is
				the subject of the record and, where applicable, the person to whom the record
				is to be disclosed, may be required to provide proof of identity. (Additional
				requirements may be necessary for special classes of records.) Appearance of
				counsel before the commission on behalf of a person who is the subject of a
				confidential record is deemed to constitute consent for the commission to
				disclose records about that person to the person's attorney.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the commission requests a person to supply information
				about that person, the commission shall notify the person of the use that will
				be made of the information, which persons outside the commission might
				routinely be provided this information, which parts of the requested
				information are required and which are optional, and the consequences of a
				failure to provide the information requested. This notice may be given in these
				rules, on the written form used to collect the information, on a separate fact
				sheet or letter, in brochures, in formal agreements, in contracts, in
				handbooks, in manuals, verbally, or by other appropriate
				means.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.9 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following are considered routine uses of all commission records:
a. Disclosure of officers, employees, and
			 agents of the commission who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request of an officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible prosecution, civil court action, or regulatory
			 order
c. Disclosure to the
			 department of inspections and appeals regarding matters in which it performs
			 services or functions on behalf of the commission.
d. Transfers of information within the
			 commission, to other state agencies, or to local units of government, as
			 appropriate, to administer the program for which the information is
			 collected.
e. Information released
			 to staff of federal and state entities for audit purposes or to determine
			 whether the commission is lawfully operating a program.
f. Any disclosure specifically authorized by
			 the statute under which the record is collected or maintained.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.10 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject.
The subject may consent in writing to commission disclosure
			 of confidential records as provided in rule 6.7(17A,22).
(2)
Complaints to public
			 officials.
A letter from a subject of a confidential record to a
			 public official which seeks the official's intervention on behalf of the
			 subject in a matter that involves the commission may be treated as an
			 authorization to release sufficient information about the subject to the
			 official to resolve the matter
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 6 - Public Records and Fair Information Practices › Rule 283-6.11 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record may file a written request
				to review the subject's confidential records. However, the commission need not
				release the following records to the subject:
1. The identity of a person providing
			 information to the commission when the information is authorized as
			 confidential pursuant to Iowa Code subsection
			 22.7(18).
2. The work product of an attorney or
			 otherwise privileged information.
3. Peace officers' investigative reports,
			 except as required by Iowa Code subsection
			 22.7(5).
4. Those otherwise authorized by
			 law.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.1 - Waiver Process

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for granting waivers
				from rules adopted by the commission.
(1)
Commission authority.
A
			 waiver from rules adopted by the commission may be granted in accordance with
			 this chapter if:
a. The commission has
			 exclusive rule-making authority to promulgate the rule from which a waiver is
			 requested or has final decision-making authority over a contested case in which
			 a waiver is requested; and
b. No
			 statute or rule otherwise controls the granting of a waiver from the rule for
			 which a waiver is requested.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.2 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a waiver means action by the
				commission which suspends in whole or in part the requirements or provisions of
				a rule as applied to an identified person on the basis of the particular
				circumstances of that person.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.3 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the commission in situations where no other more specific applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.4 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may grant a waiver from a rule only if the
				commission has jurisdiction over the rule and the requested waiver is
				consistent with applicable statutes, constitutional provisions, or other
				provisions of law. The commission may not waive requirements created or duties
				imposed by statute.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.5 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may issue an order, in response to a completed
				petition or on its own motion, granting a waiver from a rule adopted by the
				commission, in whole or in part, as applied to the circumstances of a specified
				person if the commission finds, based on clear and convincing evidence,
				that:
(1) Application of the rule
			 would impose an undue hardship or injustice on the person for whom the waiver
			 is requested; and
(2) A waiver of
			 the rule on the basis of the particular circumstances relative to that
			 specified person would be consistent with the public interest; and
(3) A waiver of the rule in the specific case
			 would not prejudice the substantial legal rights of any person.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.6 - Mandatory Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
In response to the timely filing of a completed petition
				requesting a waiver, the commission shall grant a waiver from a rule, in whole
				or in part, as applied to the particular circumstances of a specified person,
				if the commission finds that the application of all or a portion of the
				circumstances of that specified person would not, to any extent, advance or
				serve any of the purposes of the rule.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.7 - Burden of Persuasion

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner shall assume the burden of persuasion to
				demonstrate clear and convincing evidence when a petition is filed for a waiver
				from a commission rule.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.8 - Special Waiver Rule Not Precluded

Current through Register Vol. 47, No. 3, July 24, 2024
This uniform waiver rule shall not preclude the commission from
				granting waivers in other contexts or on the basis of other standards if a
				statute or other commission rule authorizes the commission to do so and the
				commission deems it appropriate to do so.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.9 - Administrative Deadlines

Current through Register Vol. 47, No. 3, July 24, 2024
When the rule from which a waiver is sought establishes
				administrative deadlines, the commission shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all persons participating in a particular program offered by the
				commission.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.10 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				commission's Executive Director, 400 E. 14th Street, Des Moines, Iowa
				50319-0146.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.12 - Contents of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the petitioner:
(1) The name, address, telephone number, and
			 social security number of the person or entity for whom a waiver is being
			 requested and the case number of any related contested case, whether pending or
			 closed.
(2) A description and
			 citation of the specific rule from which a waiver is requested.
(3) The specific waiver requested, including
			 the precise scope and duration.
(4)
			 The relevant facts that the petitioner believes would justify a waiver. This
			 statement shall include a signed statement from the petitioner attesting to the
			 accuracy of the facts provided in the petition and a statement of reasons that
			 the petitioner believes will justify a waiver.
(5) A history of any prior contacts between
			 the commission and the petitioner. The historical summary shall include:
a. A list of all of the programs, contracts,
			 allocations, bond issues, loans, grants, or other activities in which the
			 petitioner has participated or from which the petitioner has received a benefit
			 and which are affected by the proposed waiver.
b. A description of each instance when the
			 petitioner has participated in or benefited from any of the commission's
			 programs or contracts, including but not limited to allocations, grants, or
			 loans held by the petitioner, any notices of noncompliance, other
			 administrative events, whether federal or state, contested case hearings, or
			 investigative reports relating to the program, allocation, grant, or
			 loan.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.13 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
If the petition for waiver is not filed in a contested case and
				prior to issuing an order granting or denying a waiver, the executive director
				may request additional information from the petitioner relative to the petition
				and circumstances relating to the request for waiver. The request may be in the
				form of written questions or oral interview. The executive director may
				interview or direct written questions to other persons in connection with the
				waiver requested. If the petition was not filed in a contested case, the
				commission, or its executive director, may, on its own motion or at the
				petitioner's request, schedule a telephonic or in-person meeting between the
				petitioner and the commission's executive director, a committee of the
				commission's staff, or a quorum or committee of the commission's board to
				consider the petition for waiver.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.14 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall acknowledge a petition upon receipt. The
				commission shall ensure that notice of the pendency of the petition and a
				concise summary of its contents have been provided to all persons to whom
				notice is required by any provision of law within 30 days of the receipt of the
				petition. In addition, the commission may give notice to other persons. To
				accomplish this notice provision, the commission may require the petitioner to
				serve the notice on all persons to whom notice is required and provide a
				written statement that notice has been provided.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.15 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case, and shall otherwise apply to commission
				proceedings for a waiver of a rule only when the commission so provides by rule
				or order or is required by statute to do so.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.16 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to that particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and operative
				period of the waiver if one is issued.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.17 - Commission Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The final decision on whether the circumstances justify the
				granting of a waiver shall be made at the sole discretion of the commission,
				upon consideration of all relevant factors. Each petition for a waiver shall be
				evaluated by the commission based on the unique, individual circumstances set
				out in the petition.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.20 - Time Period of Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver shall not be permanent unless the petitioner can show
				that a temporary waiver would be impracticable. If a temporary waiver is
				granted, there is no automatic right to renewal. At the sole discretion of the
				commission, a waiver may be renewed if the commission finds that grounds for a
				waiver continue to exist.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.21 - Timing for Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall grant or deny a petition for a waiver as
				soon as practicable but, in any event, shall do so within 120 days of its
				receipt, unless the petitioner agrees to a later date. However, if a petition
				is filed in a contested case proceeding, the commission shall grant or deny the
				petition no later than the time at which the final decision in the contested
				case is issued.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.22 - When Deemed Denied

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of the commission to grant or deny a petition within
				the required time period shall be deemed a denial of that petition by the
				commission. However, the commission shall remain responsible for issuing an
				order denying a waiver.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.23 - Service of Order

Current through Register Vol. 47, No. 3, July 24, 2024
Within seven days of its issuance, any order issued under these
				uniform rules shall be transmitted to the petitioner or the person to whom the
				order pertains and to any other person entitled to such notice by any provision
				of law.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.24 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				17A.3(1)
"e,"
the commission shall maintain a record of all
				orders granting and denying waivers under these uniform rules. All records
				pertaining to waivers shall be indexed and available to members of the public
				at the commission's office. Some petitions may contain information the
				commission is authorized or required to keep confidential. The commission may
				accordingly edit confidential information from petitions or orders prior to
				public inspection.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.25 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				is based are not true or if material facts have been withheld. The commission
				may, at any time, cancel a waiver upon appropriate notice and hearing if the
				commission finds that the facts as stated in the petition are not true,
				material facts have been withheld, the alternative means of compliance provided
				in the waiver have failed to achieve the objectives of the statute or rule, or
				the petitioner has failed to comply with the conditions of the
				order.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.26 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in a waiver shall be treated as a
				violation of the particular rule for which the waiver is granted and is subject
				to the same remedies or penalties.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 7 - Uniform Rules for Waivers › Rule 283-7.27 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the commission issues an order granting a waiver, the
				order is a defense within its terms and the specific facts indicated therein
				for the person to whom the order pertains in any proceeding in which the rule
				in question is sought to be invoked. The order is not assignable, and it shall
				not inure to the benefit of the heirs or successors in interest of the person
				first obtaining the waiver.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 8 - All Iowa Opportunity Scholarship Program › Rule 283-8.3 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Applicants for the all Iowa opportunity scholarship program must complete the
			 Free Application for Federal Student Aid (FAFSA) by the date specified by the
			 commission and any additional applications or documents required by the
			 commission. In addition to completing the FAFSA, an applicant must be:
a. An Iowa resident who begins the initial
			 period of postsecondary enrollment within two academic years of graduation from
			 high school or within two academic years of completion of a high school
			 equivalency diploma under Iowa Code chapter 259A; and
b. Enrolled for at least three semester
			 hours, or the trimester or quarter equivalent, in a program eligible for
			 federal student aid under Title IV of the federal Higher Education Act leading
			 to an undergraduate degree, diploma, or certificate from an eligible college or
			 university.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 8 - All Iowa Opportunity Scholarship Program › Rule 283-8.5 - Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
A student who is in default on a Stafford Loan, SLS Loan, or a
				Perkins/National Direct/National Defense Student Loan or who owes a repayment
				on any Title IV grant assistance or state award shall be ineligible for
				assistance under the all Iowa opportunity scholarship program. Eligibility for
				state aid may be reinstated upon payment in full of the delinquent obligation
				or by commission ruling on the basis of adequate extenuating evidence presented
				in an appeal under the procedures set forth in 283-Chapters 4 and 5. Credits
				that a student receives through "life experience credit" and "credit by
				examination" are not eligible for funding.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 10 - Uniform Policies › Rule 283-10.3 - Policies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Restrictions.
A student who is in default on a Stafford Loan,
			 SLS Loan, or a Perkins/National Direct/National Defense Student Loan or who
			 owes a repayment on any Title IV grant assistance or state award shall be
			 ineligible for assistance under the program. The student regains eligibility
			 under this rule by providing documentation to the institution that the student
			 has regained eligibility under Title IV of the Higher Education Act of 1965, as
			 of July 1, 2023.
(2)
			 Reserved.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 11 - Iowa Tuition Grant Program-for-profit Institutions › Rule 283-11.1 - Tuition Grant Based on Financial Need to Iowa Residents Enrolled at Eligible Private Institutions of Postsecondary Education in Iowa

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Financial need.
The need of an applicant for financial
			 assistance under the Iowa tuition grant program-for-profit institutions shall
			 be evaluated annually on the basis of a confidential statement of family
			 finances filed on a form designated by the commission. For the purposes of
			 determining financial need, the commission has adopted the use of the Free
			 Application for Federal Student Aid (FAFSA), a federal form used to calculate a
			 formula developed by the U.S. Department of Education, the results of which are
			 used to determine relative need. The FAFSA must be received by the processing
			 agent by the date specified in the application instructions.
(2)
Tuition and mandatory
			 fees.
Tuition and mandatory fees shall be defined as those college
			 costs paid annually by all students enrolled in eligible institutions on a
			 full-time basis as reported annually to the commission by each participating
			 eligible institution. Each eligible institution also will provide annually its
			 rates for part-time tuition and fees to the commission.
(3)
Student eligibility.
A
			 recipient must be an Iowa resident enrolled for at least three semester hours,
			 or the quarter- or clock-hour equivalent, in a program of study eligible for
			 federal student aid programs authorized under Title IV of the Higher Education
			 Act of 1965, as amended. "Iowa resident" means an individual who meets the
			 residency requirements established in 283-Chapter 10.
a. An eligible student attending a school
			 defined in 11.2(1)
"a"
must be enrolled in a program of study
			 that leads to a degree.
b. An
			 eligible student attending a school defined in 11.2(1)
"b"
must
			 be enrolled in a program of study that prepares the student for licensure as a
			 barber in the state of Iowa as provided in Iowa Code chapter 158, or enrolled
			 in a cosmetology arts and sciences program of study that prepares the student
			 for licensure in the state of Iowa as provided in Iowa Code chapter
			 157.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 11 - Iowa Tuition Grant Program-for-profit Institutions › Rule 283-11.2 - Tuition Grant Institutional Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible institution.
An
			 institution requesting participation in the Iowa tuition grant program must
			 apply to the college student aid commission using the commission's designated
			 application.
a. A college or university
			 participating in the Iowa tuition grant program under 2017 Iowa Acts, House
			 File 642, section 15, must:
(1) Be accredited
			 by the Higher Learning Commission (HLC); and
(2) Be an institution of higher learning
			 located in Iowa which is operated privately and not controlled or administered
			 by any state agency or any subdivision of the state, which is not exempt from
			 taxation under Section 501(c)(3) of the Internal Revenue Code, and which meets
			 all of the criteria described in Iowa Code section
			 261.9(1)
"d"
through
"i"
; and
(3) Annually provide matching aggregate
			 institutional financial aid to Iowa tuition grant recipients equal to a
			 required percentage of the amount received by its students as described under
			 2017 Iowa Acts, House File 642, section 15 (institutional financial aid
			 qualifying as match includes only institutional financial aid provided to
			 students in periods of enrollment during which students are also receiving Iowa
			 tuition grants); and
(4) Effective
			 January 8, 2010, have purchased an accredited private institution that was
			 exempt from taxation under Section 501(c) of the Internal Revenue Code, or have
			 students who were eligible to receive tuition grants in the fiscal year
			 beginning July 1, 2003; and
(5) Be
			 located in Iowa. "Located in Iowa" means a college or university that is
			 accredited by the Higher Learning Commission, that has made a substantial
			 investment in a permanent Iowa campus and staff, that offers a full range of
			 courses leading to the degrees offered by the institution as well as a full
			 range of student services, and that is not required to register under Iowa Code
			 chapter 261B.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 12 - Iowa Tuition Grant Program › Rule 283-12.2 - Tuition Grant Institutional Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Institutional eligibility under
			 Iowa Code section
			 261.9.
An Iowa college or university requesting participation in the Iowa tuition
			 grant program must apply to the college student aid commission using the
			 commission's designated application.
A college or university participating in the Iowa tuition grant
				program (Iowa Code section
				261.9,
				et seq.) must:
a. Be accredited by the
			 North Central Association of Colleges and Schools (NCA); and
b. Be exempt from taxation under Section
			 501(c)(3) of the Internal Revenue Code or, if not exempt under Section
			 501(c)(3), the college or university must have been an eligible participant
			 during the 2003-04 academic year; and
c. Annually provide matching aggregate
			 institutional financial aid to Iowa tuition grant recipients equal to a
			 required percentage of the amount received by its students under the Iowa
			 tuition grant program. (Specialized colleges offering health professional
			 programs affiliated with health care systems located in Iowa are exempt from
			 this requirement.); and
d. Be
			 located in Iowa. "Located in Iowa" means a college or university accredited by
			 the Higher Learning Commission of the North Central Association of Colleges and
			 Schools, that has made a substantial investment in a permanent Iowa campus and
			 staff, and that offers a full range of courses leading to the degrees offered
			 by the institution as well as a full range of student services.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 13 - Iowa Vocational-technical Tuition Grant Program › Rule 283-13.1 - Tuition Grant Based on Financial Need to Iowa Residents Enrolled in Vocational or Technical (career education) Programs at Community Colleges in the State

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Financial need.
a. Financial
			 need is defined as the lesser of the difference between the average expenses
			 for tuition, fees, and books and supplies, as determined by the commission, and
			 the amount of the federal Pell Grant for which the student qualifies or the
			 difference between the average total budget at a community college, as
			 determined by the commission, and the expected family contribution.
b. Financial need shall be evaluated annually
			 on the basis of a confidential financial statement filed on a form designated
			 by the commission. For the purposes of determining financial need, the
			 commission has adopted the use of the Free Application for Federal Student Aid
			 (FAFSA), a federal form used to calculate a formula developed by the U.S.
			 Department of Education, the results of which are used to determine relative
			 need. The FAFSA must be received by the processing agent by the priority date
			 specified in the application instructions.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 14 - Health Care Professional Recruitment Program › Rule 283-14.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Eligible institution"
means an institution of
				higher learning governed by the state board of regents or an accredited private
				institution as defined in Iowa Code section
				261.9. Eligible
				institutions seeking to participate must complete an application provided by
				the commission and agree to place health care professionals in eligible rural
				communities.
"Eligible rural community"
means a medically
				underserved rural Iowa city with a population of less than 26,000 that is
				located more than 20 miles from a city with a population of 50,000 or more.
				Locations and distances between cities will be consistently measured and
				verified by calculating the shortest travel distance on paved roads.
"Health care professional"
means an individual
				who holds a practitioner's license issued by an agency or board under the Iowa
				department of public health and is employed as an athletic trainer,
				occupational therapist, physician, physician assistant, podiatrist, or physical
				therapist.
"Matching funds"
means at least a
				dollar-for-dollar loan repayment match to the state health care professional
				recruitment program award.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 14 - Health Care Professional Recruitment Program › Rule 283-14.2 - Health Care Professional Loan Repayment Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Recruitment.
The
			 eligible institution shall communicate the availability of the health care
			 professional loan repayment program to current students training to become
			 health care professionals and alumni who are health care professionals. The
			 commission will ensure, to the extent possible, that an equal number of new
			 agreements are available to health care professionals in each occupation
			 category. Selection of new applicants within each occupation category will be
			 prioritized as follows:
a. Students in their
			 final year of a degree program leading to a license to practice as a health
			 care professional;
b. The most
			 recent graduates of a degree program leading to a license to practice as a
			 health care professional, with the most recent academic year graduates given
			 priority;
c. Date of
			 application.
Iowa Administrative Code › Agency 283 - College Student Aid Commission › Chapter 14 - Health Care Professional Recruitment Program › Rule 283-14.3 - Osteopathic Forgivable Loan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Physician service
			 requirement.
The physician service requirement for the osteopathic
			 forgivable loan program is one year for borrowers who received up to two annual
			 loans and two years for borrowers who received three or more annual
			 loans.
(2)
Promissory
			 note.
Loans disbursed are subject to the terms and conditions
			 specified in the promissory note. The college student aid commission shall
			 honor master promissory notes signed while a borrower is attending the
			 university and shall enforce the loans according to the terms and conditions
			 provided in the master promissory note.