reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.8 - Variable rate program loans

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The corporation shall, on an annual basis, determine whether variable rate
				  program loans shall be offered for the upcoming academic period. For each
				  academic period in which new variable rate program loans are offered, the
				  corporation shall establish lender terms. Such variable rate program loan terms
				  shall be set forth in the program underwriting manual and publicized on the
				  corporation's website.
(b) Lenders
				  shall make variable rate loans based on a borrower's credit score formula
				  consistent with the program underwriting manual.
(c) Variable rate program loan rates shall be
				  calculated using an index to be determined by the corporation on at least an
				  annual basis with respect to program loans to be made for the following
				  academic year plus an amount determined by the corporation and set forth in the
				  program's underwriting manual. The index established shall be publicized.
				  Lenders shall be required to use the index established, as part of the interest
				  calculation, at the time of disbursement to determine the variable
				  rate.
(d) Lenders may limit lending
				  to certain borrowers based on their credit score consistent with the program
				  underwriting manual.
(e) Lenders
				  who elect to limit lending must be consistent with all borrowers having the
				  same credit score criteria, school, and member eligibility.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.9 - Minimum/maximum program loan limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The minimum and maximum individual
				  program loan amounts available to eligible borrowers on an annual basis shall
				  be approved by the corporation, and with respect to program loans that are
				  otherwise eligible for purchase by a public benefit corporation, shall be
				  subject to further approval by such public benefit corporation, on at least an
				  annual basis with respect to program loans to be made for the applicable
				  academic year, or portion thereof, after taking into account applicable
				  financial and/or other relevant market conditions. Such amounts shall be
				  published on the corporation's website.
(b) The maximum aggregate program loan
				  amounts available to eligible borrowers shall be as follows:
(1) $20,000 aggregate for undergraduates
				  attending a two-year institution;
(2) $50,000 aggregate for undergraduates
				  attending a four-year institution; and
(3) $70,000 aggregate total for undergraduate
				  and graduate study.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.10 - Default fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) College
				  default fees.
(1) A default fee associated
				  with a program loan shall be assessed to each college on loans made to or on
				  behalf of students attending such college during an academic year in an amount
				  equal to one percent of the original principal amount of the program loans
				  originated on behalf of students. The corporation and the agency shall
				  determine the mechanism for collecting the assessed fee no less frequently than
				  annually, as prescribed in section 692  of the Education Law.
(2) An entity other than a student or
				  borrower may be permitted to pay the college default fee on behalf of a college
				  consistent with applicable laws. The corporation shall determine how such funds
				  will be transferred, subject to the approval of the agency, or other public
				  benefit corporation authorized to issue bonds under the Public Authorities Law
				  for purpose of this program, with respect to loans that are expected to be
				  financed by such entity.
(3) If the
				  college pays the default fee, the corporation's electronic funds transfer (EFT)
				  process will proportionately reduce the amount of the borrower's
				  disbursement(s) to reflect payment of the college's default fees. Colleges
				  shall, if applicable, credit the student's account to reflect reimbursement of
				  the college default fee. The corporation's EFT process will reflect the amount
				  of the borrowers' disbursements including the college's default fees. The
				  college's default fees will be deducted from the amount deposited in the
				  college's bank account.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.11 - Program loan verification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All eligible borrowers and eligible
				  cosigners shall provide employment and income information as requested by the
				  lender for verification purposes.
(b) Verification requirements for lenders
				  shall be outlined in the program's underwriting manual. Notwithstanding,
				  lenders shall also perform all verification requirements as directed by the
				  corporation in accordance with the policies and procedures established by the
				  corporation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.12 - Prohibited transactions

Current through Register Vol. 46, No. 28, July 10, 2024
Lenders and schools shall comply with all State and Federal
					 laws and regulations pertaining to any unfair or deceptive lending practices
					 for educational loans, any conflicts of interest detrimental to the student,
					 and any other prohibited conduct in connection with student
					 lending.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.13 - College certification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A college shall certify that the
				  information it provides in connection with a program loan is complete and
				  accurate. The college shall rely in good faith on information provided by the
				  student and/or borrower in the absence of contrary information.
(b) When certifying a borrower for a program
				  loan, a college shall certify to the best of its knowledge that:
(1) the borrower is an eligible borrower
				  applying for a program loan to finance the education costs of an eligible
				  student;
(2) the student for whom
				  the program loan is being made has an unmet need for a program loan to pay for
				  higher education expenses, which includes all allowances contained in section
				  472 of the Higher Education Act of 1965, as amended, based on the student's
				  cost of attendance, less all available aid, within the meaning of section
				  2213.9(b) 
				  of this Part; and
(3) on or after
				  February 14, 2010, the borrower has been provided with a self-certification
				  form on private educational loans to be returned to the lender, or its
				  servicer, unless the corporation has agreed to verify that the borrower has
				  been provided with the self-certification form regarding his or her private
				  program loan debt to be returned to the lender or holder or the holder's
				  servicer of the program loan on behalf of the college.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.14 - Processing program loan proceeds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Colleges shall request the disbursement
				  of program loan proceeds through the corporation's electronic funds transfer
				  (EFT) process.
(b)
(1) Program loans may be disbursed in unequal
				  disbursements based on the student's program length and shall be delivered to
				  the borrower or credited to the student's account within three business days of
				  receipt by the college of the proceeds of any program loan
				  disbursement.
(2) A college shall,
				  within 10 additional business days, deliver or credit the program loan funds to
				  the student's account or return the funds to the lender, through the
				  corporation's EFT refund process.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.15 - Processing program loan refunds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Refunds of program loan proceeds shall be
				  processed in accordance with the college's refund policy, including the
				  allocation of such refunds.
(b) If
				  a program loan refund is made by the college prior to the 46th day after
				  disbursement, there will be a proportionate refund of fees that were collected
				  from the borrower and college.
(c)
				  No fees shall be refunded on or after the 45th day after disbursement except in
				  extenuating circumstances as determined by the corporation and, if applicable,
				  the agency. Where a full refund of a program loan disbursement was made beyond
				  the 45th day, borrower fees and college fees may also be returned as determined
				  by the corporation and, if applicable, the agency.
(d) Refunds shall be returned to the holder,
				  through the corporation's electronic funds transfer (EFT) refund process within
				  30 days of the college's determination that the borrower is no longer eligible
				  for such funds.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.16 - Disclosure requirements for participating colleges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Entrance counseling. For purposes of the
				  program, the corporation shall perform entrance counseling, on behalf of
				  participating colleges, through the program's financial literacy modules and
				  disclosures used in the application process.
(b) Exit counseling. For purposes of the
				  program, the corporation shall perform exit counseling, on behalf of
				  participating colleges. As part of exit counseling, the corporation shall
				  provide information on how to obtain the total program loan debt incurred, a
				  reminder that these program loans must be repaid, and the consequences of
				  defaulting on these program loans. Exit counseling shall be performed by the
				  corporation, on behalf of participating colleges, through contact with student
				  borrowers whose principal or principal and interest payments have been deferred
				  during their in-school period, within a reasonable time after the corporation
				  receives notice of the student's graduation, withdrawal, less than half time
				  enrollment, or transfer to a non-title IV eligible college.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.17 - Disclosure requirements for participating lenders

Current through Register Vol. 46, No. 28, July 10, 2024
The disclosure requirements set forth in this section shall
					 occur on or after February 14, 2010. Lenders must also comply with all other
					 disclosure requirements required by applicable New York State and Federal law
					 and regulation (as well as any applicable law and regulation in the state in
					 which the lender is located).
(a)
				  Program loan disclosures at time of program loan approval. At the time of
				  approval of a program loan application, and before program loan consummation,
				  the lender, or its servicer (acting on behalf of the lender), shall clearly and
				  conspicuously disclose to the borrower all of the applicable disclosure
				  requirements contained in the Federal Truth in Lending Act (Regulation Z) as
				  set forth in  12 CFR part 226, subpart F.
(b) Self-certification form.
(1) The lender, or its servicer (acting on
				  behalf of the lender), shall obtain from the borrower the signed
				  self-certification form as prescribed by the Federal Truth in Lending Act
				  (Regulation Z) as set for in  12 CFR part 226, subpart F, as amended from time
				  to time, in written or electronic format, for private educational loans before
				  the lender may consummate a program loan.
(2) The lender, or its servicer (acting on
				  behalf of the lender), shall collect and maintain a copy of the
				  self-certification form.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.18 - Reporting requirements for participating colleges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a school determines a student
				  has dropped to less than half-time attendance, the school must report such
				  information to the National Student Loan Clearinghouse. A school that does not
				  use the Clearinghouse shall report in a manner that has been approved by the
				  corporation.
(b) Whenever a college
				  receives information which would make the borrower or cosigner ineligible to
				  receive program loans due to a default or failure as described in section
				  2213.2(f) 
				  of this Part, the college must report such information to the
				  corporation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.19 - Reporting/retention requirements for participating holders

Current through Register Vol. 46, No. 28, July 10, 2024
A holder, or an entity servicing a program loan, shall
					 maintain current, complete, and accurate records of each program loan made and
					 held.
(a) The holder or servicing
				  entity shall keep:
(1) the program loan
				  application data and all credit information used to determine borrower
				  eligibility and any other credit-related information submitted by the
				  school;
(2) a copy of the signed
				  promissory note;
(3) the repayment
				  schedule;
(4) any record of
				  disbursements;
(5) the student
				  enrollment status;
(6) the
				  borrower's and cosigner's change of address;
(7) information on deferment and forbearance
				  eligibility;
(8) the payment
				  history;
(9) any collection
				  history; and
(10) any other records
				  that verify the validity of a claim.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.20 - Program loan repayment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Repayment. For any program loan made, the repayment period shall begin 60 days
				  after the date the last disbursement is made on the program loan or within one
				  monthly billing cycle thereafter. Interest shall begin to accrue starting the
				  day of disbursement by the lender to the corporation. Repayment options shall
				  be determined by the corporation and set forth in the program's underwriting
				  manual as well as published on the corporation's website. With respect to
				  program loans that are otherwise eligible for purchase by a public benefit
				  corporation, such determinations shall be subject to approval by such public
				  benefit corporation, on at least an annual basis with respect to program loans
				  to be made for the applicable academic year, or portion thereof, after taking
				  into account applicable financial market conditions.
(1) In-school period.
(i) A student borrower's loan principal
				  payment may be deferred during the in-school period. Subject to subparagraph
				  (ii) of this paragraph, student borrowers shall be required to either pay
				  interest or have the accrued interest capitalized at the end of the in-school
				  deferment, set forth in paragraph (c)(1) of this section, or the end of any
				  applicable grace period, set forth in paragraph (2) of this
				  subdivision.
(ii) The availability
				  of interest payment deferment during the in-school period shall be determined
				  by the corporation, and with respect to program loans that are otherwise
				  eligible for purchase by a public benefit corporation shall be subject to
				  approval by such public benefit corporation on at least an annual basis with
				  respect to program loans to be made for the applicable academic year, or
				  portion thereof, after taking into account applicable financial market
				  conditions. The corporation shall inform holders and colleges of, and publish
				  on its website, the availability of the interest payment deferment for program
				  loans to be used for the applicable academic year.
(iii) Non-student borrowers shall pay
				  principal and interest while the student is in college.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.21 - Due diligence for program loan delinquency

Current through Register Vol. 46, No. 28, July 10, 2024
Holders, or entities servicing program loans, shall perform
					 required due diligence activities against a borrower and cosigner as determined
					 by the corporation and set forth in the program's default avoidance and claim
					 manual, and with respect to program loans that are otherwise eligible for
					 purchase by a public benefit corporation as approved by such public benefit
					 corporation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.22 - Default claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A borrower
				  shall be in default on a program loan on the 181st day of delinquency on the
				  program loan.
(b) The holder, or an
				  entity servicing program loans, shall submit a claim to the corporation for
				  reimbursement within 60 days of default.
(c) The holder, or an entity servicing
				  program loans, shall submit a record of all payment and collection activities
				  on the program loan along with all other required documents, as directed by the
				  corporation or as otherwise noted on the program claim form.
(d) All claims deemed acceptable by the
				  corporation based on the program's default avoidance and claim manual shall be
				  reimbursed at 100 percent of the principal, and interest through the claim
				  payment date based on the availability of funds in the applicable default
				  reserve fund.
(e) If a claim is
				  returned to the holder, or an entity servicing program loans, for any reason,
				  the holder shall be allowed one 30 day resubmission period.
(f) Claims not acceptable after the 30 day
				  resubmission period for the error(s) identified shall lose their eligibility
				  for payment by the corporation.
(g)
				  Holders shall receive payment of only the outstanding program loan principal
				  and interest up to claim payment date on a resubmitted claim.
(h) Upon default, the corporation will
				  purchase the loan from the holder and will advise the borrower that his or her
				  loan has been, or is subject to being, purchased and is now in default.
				  Notwithstanding, the borrower is in default on a program loan on the 181st day
				  of delinquency on the program loan. The borrower shall be deemed ineligible for
				  any program loan benefits, except as provided in section
				  2213.2(f) 
				  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.23 - Loan collection efforts

Current through Register Vol. 46, No. 28, July 10, 2024
Collection activities shall be set forth in the program's
					 default avoidance and claim manual. The program's default avoidance and claim
					 manual shall be reviewed periodically for revisions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.25 - Bankruptcy

Current through Register Vol. 46, No. 28, July 10, 2024
Holders, or entities servicing program loans, shall follow
					 the procedures outlined in the program's default avoidance and claim manual for
					 any borrower filing bankruptcy on a program loan. program loans shall be
					 non-dischargeable pursuant to section 523(a)(8) of the U.S. Bankruptcy
					 Code.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.26 - Program loan consolidation

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall annually determine the availability
					 of program loan consolidation. In any year in which program loan consolidation
					 is available the corporation shall determine the terms of such program loan
					 consolidation for the academic year and with respect to program loans that are
					 otherwise eligible for purchase by a public benefit corporation, shall be
					 subject to the approval of such public benefit corporation, based on market
					 conditions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.27 - Program audits

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall regularly provide for audits to be
					 performed on lenders, servicers, holders and eligible schools for program
					 compliance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter D - The New York Higher Education Loan Program (nyhelps) › Part 2213 - The New York Higher Education Loan Program (nyhelps) › Section 2213.28 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following manuals referred
					 to throughout are hereby incorporated by reference and are available at
					 www.hesc.ny.gov/NYHELPs_ Regulations:
(a) from and including October 20, 2009,
				  until superseded, the program's default avoidance and claim manual version
				  number 1, dated October 20, 2009 and the program's underwriting manual version
				  number 1, dated October 20, 2009; and
(b) from and including August 25, 2010, until
				  superseded, the program's default avoidance and claim manual version number 2,
				  dated August 25, 2010, and the program's underwriting manual version number 2,
				  dated August 25, 2010;
(c) from and
				  including January 26, 2011, until superseded, the program's default avoidance
				  and claim manual version number 3, dated January 26, 2011, and the program's
				  underwriting manual version number 3, dated January 26, 2011;
(d) from and including February 27, 2013,
				  until superseded, the program's default avoidance and claim manual version
				  number 4, dated February 27, 2013, and the program's underwriting manual
				  version number 4, dated February 27, 2013;
(e) from and including March 6, 2013, until
				  superseded, the program's default avoidance and claim manual version number 5,
				  dated March 6, 2013, and the program's underwriting manual version number 5,
				  dated March 6, 2013; and
(f) from
				  and including October 2, 2013, until superseded, the program's default
				  avoidance and claim manual version number 6, dated October 2, 2013.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations are promulgated pursuant to General Business Law (GBL), article
				33-B, section 697-a, added by chapter 662 of the Laws of 2005 as amended by
				chapter 706 of the Laws of 2006. They set forth the procedures for the
				operation of an alternative arbitration mechanism (the program) as required by
				GBL section 697-a(c).
(b) These
				regulations are designed to promote the independent, speedy, efficient and fair
				disposition of disputes concerning defective farm equipment.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise stated, terms used in these regulations are as defined in GBL section
				697.
(b) The term
administrator
shall mean a professional arbitration firm or
				individual appointed by the Attorney General to administer the
				program.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.3 - Appointment of administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Attorney General shall appoint an administrator or administrators to a definite
				term not to exceed two years. The term shall be renewable.
(b) The following criteria shall be
				considered in the selection of an administrator: capability, objectivity,
				non-affiliation with a supplier's arbitration program, reliability, experience,
				financial stability, extent of geographic coverage, and fee
				structure.
(c) The Attorney General
				shall give appropriate public notice at least 60 days prior to the expiration
				of an administrator's term inviting any interested qualified party to apply in
				writing for the position of administrator within 30 days from the date of the
				public notice.
(d) Upon a vacancy
				occurring prior to the expiration of an administrator's term, the time periods
				in subdivision (c) of this section shall not apply and the Attorney General
				shall take appropriate steps to assure the continued administration of the
				program.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.4 - Consumer's request for arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Attorney General shall prescribe and make available request for arbitration
				forms for GBL article 33-B claims. To apply for arbitration under the program,
				a consumer shall obtain, complete and submit the appropriate form to the
				Attorney General.
(b) Those
				consumers wishing a hearing on documents only shall so indicate on the
				form.
(c) The consumer shall
				indicate on the form his/her choice of remedy (
i.e.
, either
				refund or comparable replacement equipment), in the event the arbitrator rules
				in favor of the consumer. Such choice shall be followed by the arbitrator
				unless the consumer advises the administrator in writing of a change in his/her
				choice of remedy prior to the arbitrator's rendering of a decision.
(d) Upon receipt, the Attorney General shall
				date-stamp and assign a case number to the form.
(e) The Attorney General shall review the
				submitted form for completeness and eligibility and shall either accept it or
				reject it.
(f) If the form is
				rejected by the Attorney General, the Attorney General shall promptly return
				the form, notifying the consumer in writing of the reason(s) for the rejection
				and, where possible, inviting the consumer to correct the
				deficiencies.
(g) If the form is
				accepted by the Attorney General, he shall refer it to the administrator for
				processing. The Attorney General shall promptly notify the consumer in writing
				of the acceptance of the form and of its referral to the administrator. The
				Attorney General shall prescribe a filing fee and an arbitration fee to be paid
				by the consumer and the supplier, respectively. Such notice shall also advise
				the consumer to pay the prescribed filing fee directly to the
				administrator.
(h) If, after 30
				days from the date of the notice of acceptance, the administrator fails to
				receive the prescribed filing fee, the administrator shall promptly advise the
				consumer in writing that unless such fee is received within 60 days from the
				date of the first notice, the form will be returned and the case marked closed.
				After such time, if the consumer wishes to pursue a claim under the program,
				(s)he must submit a new form to the Attorney General.
(i) Participation in any informal dispute
				resolution mechanism that is not binding on the consumer shall not affect the
				eligibility of a consumer to participate in the program.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.5 - Filing date

Current through Register Vol. 46, No. 28, July 10, 2024
On the day the Administrator receives the prescribed filing
				  fee, the Administrator shall date stamp the request for arbitration form. Such
				  date shall be considered the filing date.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.6 - Notice to the supplier

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				supplier of farm equipment sold to a New York consumer shall notify the
				Attorney General in writing, within 10 days after the effective date of these
				regulations, of the name, address and telephone number of the person designated
				to receive notices under the GBL article 33-B program. Such information shall
				be presumed correct unless updated by the supplier.
(b) Within five days of the filing date, the
				administrator shall send the supplier's designee a notice that a request for
				arbitration has been filed by the consumer and that the supplier must remit the
				prescribed arbitration fee to the administrator within 10 days from the date of
				mailing by the administrator. The date the prescribed arbitration fee is
				received by the administrator is considered the commencement date.
(c) Within five days of the commencement
				date, the administrator shall send the supplier's designee a copy of the
				consumer's completed request for arbitration form along with a notice that it
				may respond in writing. Such response shall be sent in triplicate, within 15
				days of the commencement date, to the administrator, who shall promptly forward
				one copy to the consumer.
(d) If,
				after 10 days from the date of mailing of the first notice to the supplier
				requesting payment of the prescribed arbitration fee, the administrator fails
				to receive such prescribed fee, the administrator shall promptly advise the
				supplier in writing that unless such fee is received within 20 days from the
				date of the first notice, the Attorney General's office will be notified of the
				supplier's non-compliance. In the event that the administrator fails to receive
				the prescribed arbitration fee from the supplier within 20 days of the first
				notice, it shall promptly notify the Attorney General's office in writing of
				such non-compliance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter VIII - New York Lemon Law Arbitration Program › Part 317 - Single Occupancy Bathrooms › Section 317.1 - Single Occupancy Bathrooms on State-operated Campuses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All public
				single-occupancy bathroom facilities at each state-operated institution shall
				be designated as gender neutral for use by no more than one occupant at a time
				or for family or assisted use.
(b)
				Such gender neutral bathroom facilities shall be clearly designated by the
				posting of such on or near the entry door of each facility.
(c) For purposes of this section,
				single-occupancy bathroom shall have the same meaning as paragraph (d) of
				subdivision one of section one hundred forty-five  of the public buildings
				law.
(d) This section shall
				constitute written adoption by each of the state-operated institutions of the
				requirements of subdivision twenty of section three hundred fifty-five  of the
				education law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.1 - Agency administering the annual program plan

Current through Register Vol. 46, No. 28, July 10, 2024
The State educational agency whose official name is the
				  University of the State of New York, The State Education Department, is
				  designated as the State agency which shall, either directly or through
				  arrangements with other State or local public agencies, act as the sole agency
				  for the administration of the annual program plan. The official address is the
				  State Education Department, Albany, New York 12234.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.2 - State staff organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The E.S.E.A. title IV program in New York State will be coordinated by the
				commissioner's office through the office of the Executive Deputy Commissioner
				of Education and the Office for Program Analysis and Evaluation. The
				commissioner's office will have responsibility for staffing the advisory
				council, performing the overall program evaluation function (Office for Program
				Analysis and Evaluation--Bureau for Program Planning and Evaluation), and
				formulating policy for the activities associated with strengthening State
				educational departments. The Board of Regents will have the responsibility for
				approving the program plan.
(b) The
				Deputy Commissioner for Elementary, Secondary and Continuing Education will
				have supervisory responsibility for all components of the program within his
				areas including parts B and C, strengthening local planning and evaluation, and
				those elementary, secondary and continuing education activities under the
				strengthening of State education component of the program. The Assistant
				Commissioner for Regents Examinations, Scholarships and Evaluation will
				coordinate the program in the ESC area for the deputy commissioner and will
				work with the various associate commissioners who will have administrative
				responsibility for the activities in their particular areas.
(c) The Deputy Commissioner for Higher and
				Professional Education will have responsibility for the activities funded to
				strengthen State education agencies in that area. The Associate Commissioner
				for Cultural Education will have like responsibilities in that area.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.5 - Advisory council activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Throughout the second year of title IV of
				the Elementary and Secondary Education Act the State advisory council has been
				very active in fulfilling its advisory role. The title IV of the Elementary and
				Secondary Education Act administrators and evaluators have worked with the
				advisory council in supplying necessary information to council members
				concerning major policy issues associated with the program. Examples of
				advisory activities taken from minutes of council meetings over the past year
				include:
(1) review of the part B formula
				with subsequent recommendations;
(2) consideration of New York's overall part
				C strategy of transferring success;
(3) specific review and recommendations
				concerning part C priorities, allocations and project review and approval
				criteria;
(4) discussions regarding
				the maintenance of effort problem in New York State associated with part
				B;
(5) review of title IV of the
				Elementary and Secondary Education Act-- Strengthening State and Local
				Education Agency programs;
(6)
				advice on the preparation of the title IV of the Elementary and Secondary
				Education Act annual program plan.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.7 - Use of funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Of the funds the State receives under
				section 401 of the Elementary and Secondary Education Act for the first fiscal
				year for which such funds are available, the State educational agency will use
				for administration of the annual program plan not to exceed whichever is
				greater:
(i) five per centum of the amount so
				received, excluding any part of such amount used for purposes of section
				431(a)(3) of the Elementary and Secondary Education Act or (ii) the amount it
				received for the fiscal year ending June 30, 1973, for administration of the
				programs referred to in section 421(b) and 431(b) of the Elementary and
				Secondary Education Act and the remainder of such funds shall be made available
				to local educational agencies to be used for the purposes of parts B and C,
				respectively of title IV of the Elementary and Secondary Education Act,
				and
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.8 - Development of the single application

Current through Register Vol. 46, No. 28, July 10, 2024
Local educational agencies applying for funds under title IV
				  of the Elementary and Secondary Education Act will be required to submit only
				  one application for such funds for any one fiscal year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.9 - Assurance, pupils in private nonprofit schools

Current through Register Vol. 46, No. 28, July 10, 2024
The State educational agency assures that the requirements of
				  section 406 of the Elementary and Secondary Education Act (relating to the
				  participation of pupils and teachers in private nonprofit elementary and
				  secondary schools) will be met.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.10 - No commingling of funds

Current through Register Vol. 46, No. 28, July 10, 2024
The following policies and procedures have been established
				  which gives assurance that Federal funds made available under title IV of the
				  Elementary and Secondary Education Act for any fiscal year will not be
				  commingled with State funds:
(a)
				Provisions for not commingling Federal funds with State funds. The official
				accounts and documents showing receipts and expenditures of funds by the State
				Education Department under the approved annual program plan will be maintained
				and retained by the Department of Audit and Control, State Office Building,
				Albany, New York. The Department of Taxation and Finance and the Education
				Department also maintain and retain accounts which are reconciled with the
				records of the Department of Audit and Control. ESEA title IV of the Elementary
				and Secondary Education Act funds may not be commingled with non-ESEA funds. A
				separate bank account must be established for the receipt and disbursement of
				ESEA monies. A separate control ledger for ESEA IV shall be maintained by the
				New York State Department of Education and by the State comptroller.
(b) Provisions for not commingling Federal
				funds with State or local funds. The official accounts and documents showing
				receipts and expenditures of funds by local public agencies involved in the
				operations of this program, will be maintained by the local educational
				agencies participating in the program. Certified copies of such records are
				maintained by the Division of Educational Finance in the State Education
				Department. The division and the Department of Audit and Control will pre-audit
				the fiscal records of the local educational agencies pertaining to all
				expenditures claimed for Federal financial participation under the provisions
				of title IV of Public Law 93-380. ESEA funds may not be commingled with
				non-ESEA funds. A separate bank account must be established for the receipt and
				disbursement of ESEA monies. Each LEA shall be required to maintain a separate
				ledger for each approved ESEA IV program or project. LEA accounting of ESEA IV
				funds shall be in accordance with the prescribed Uniform System of
				Accounts-Federal Funds, as established by New York State Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.11 - Assurance, facilities to be accessible for handicapped persons

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State Education Department assures that in the
				  case of any project for the repair, remodeling, or construction of facilities,
				  the facilities will be accessible to and usable by handicapped
				  persons.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.12 - Dissemination-part b

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The New York
				State title IV of the Elementary and Secondary Education Act-- part B
				dissemination effort seeks to accomplish two purposes:
(1) to disseminate information regarding
				participation in the title IV-B program to local education agencies
				and
(2) to disseminate the results
				of State advisory council evaluation and State Education Department evaluation.
				The total dissemination effort will improve local planning and decision making
				in order to assure the most effective use of part B funds.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.14 - Dissemination-advisory council evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
Procedures for Dissemination
Calendar
1. The annual report of the advisory council will be
							 submitted to the Commissioner of Education and will contain the evaluation
							 findings of the council.
Jan. 1, 1979
2. The evaluation findings will be reported to and
							 discussed with title IV program officers before the advisory council meetings
							 during fiscal year 1978.
Sept. 1977 Dec. 1977 Feb. 1978 April 1978
3. The entire report of the findings will be compiled
							 and disseminated to Education Department staff having responsibility for the
							 title IV program.
Jan. 1979
4. A summary of the evaluation report will be
							 disseminated to school districts and title IV special interest groups.
Jan. 1979