reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter D - Code of Standards and Procedures for the Administration and Operation of Community Colleges under the Program of State University of New York › Part 606 - Articles Of Organization-faculty Council Of Community Colleges › Section 606.14 - Procedure to amend faculty council regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Proposed amendments of this Part may be
				  recommended to the board of trustees of the university by a two-thirds vote of
				  those faculty delegates present, but in no case shall the total number of
				  confirming votes cast be less than 50 percent of the member community
				  colleges.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter D - Code of Standards and Procedures for the Administration and Operation of Community Colleges under the Program of State University of New York › Part 606 - Articles Of Organization-faculty Council Of Community Colleges › Section 606.15 to 606.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter D - Code of Standards and Procedures for the Administration and Operation of Community Colleges under the Program of State University of New York › Part 606 - Articles Of Organization-faculty Council Of Community Colleges › Section 606.17 to 606.20 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter D - Code of Standards and Procedures for the Administration and Operation of Community Colleges under the Program of State University of New York › Part 607 - Procedure For Amending Regulations › Section 607.1 - Amendments

Current through Register Vol. 46, No. 28, July 10, 2024
Amendments to this Subchapter may be initiated by community
					 college trustees, members of professional staffs of community colleges,
					 community college sponsors, members of their profes sional staffs, State
					 University trustees and by members of the professional staff of State
					 University of New York system administration. Proposed amendments shall be
					 reported to the chancellor or designee, who will be responsible for having the
					 proposals reviewed by the appropriate constituent groups and for reporting
					 recommendations to the State University trustees. The chancellor, or designee,
					 shall initiate review of this Subchapter every five years or in accordance with
					 the State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter D - Code of Standards and Procedures for the Administration and Operation of Community Colleges under the Program of State University of New York › Part 607 - Procedure For Amending Regulations › Section 607.2 to 607.20 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter E - Regulations of the Board of Trustees' Charter Schools Committee › Part 700 › Section 700.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall constitute rules of the committee
					 with respect to the governance, structure and operations of education
					 corporations for which the board of trustees is the charter entity of such
					 education corporations, and regulating the matters contained herein as
					 authorized by law. Nothing in these regulations contained shall be construed to
					 restrict the power of the board of trustees or the committee from time to time
					 to alter, amend, revise or repeal the provisions hereof in whole or in
					 part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter E - Regulations of the Board of Trustees' Charter Schools Committee › Part 700 › Section 700.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall apply only to education
					 corporations, and the schools they operate, for which the board of trustees is
					 the charter entity.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter E - Regulations of the Board of Trustees' Charter Schools Committee › Part 700 › Section 700.5 - Record Keeping Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Records and information regarding an applicant's Instructional Program must be
				  maintained by the applicant. Upon request by the institute, such records and
				  information shall be available for inspection, or for delivery of copies to the
				  institute. The applicant shall also grant the institute access to electronic
				  databases where records or information are stored regardless of whether the
				  applicant is the custodian of such information.
(b) Such records shall include, but not be
				  limited to:
(1) Candidate records including,
				  but not limited to:
(i) clock hour
				  attendance;
(ii) clock hour
				  instructors;
(iii) student teaching
				  dates and classes;
(iv) student
				  teaching clock hour accumulation;
(v) student teaching instructors;
(vi) workshop attendance records;
(vii) records reflecting the number of years
				  of teaching experience;
(viii)
				  college transcripts;
(ix) records
				  reflecting whether a candidate is making adequate progress in the Instructional
				  Program; and,
(x) the date of
				  completion of the Instructional Program and the title of certification earned
				  ("Certification Record").
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter E - Regulations of the Board of Trustees' Charter Schools Committee › Part 700 › Section 700.6 - Additional Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Limitations and Conditions. This Part does not affect any certification
				  approved by NYSED nor does it waive any conditions imposed on holders of such
				  teacher certifications. All teachers in education corporations must continue to
				  comply with the conditions in an education corporation's charter agreement and
				  any conditions imposed by the Act, such as criminal background check
				  requirements.
(b) Teachers of
				  Record. Whether or not an education corporation operates an Instructional
				  Program, when the institute reviews teacher certification, the institute will
				  continue to use the concept of a teacher of record for a classroom of students.
				  By whatever name, if one instructional leader of a classroom is properly
				  certified or exempt from certification under the Act, the other teachers or
				  adults in the classroom, however designated, are not also required to be
				  certified or exempt from certification for the same group of
				  students.
(c) Non-material
				  Revision. The approval, revocation or voluntary cessation of an Instructional
				  Program shall not be a material revision to the charter of the applicant
				  requiring formal revision under subdivision seven of section 2852  of the education law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter E - Regulations of the Board of Trustees' Charter Schools Committee › Part 700 › Section 700.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons or
					 circumstances.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2000 - General Purposes › Section 2000.1 - General purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of the corporation are:
(a) to improve post-secondary educational
				  opportunities of eligible students through centralized administration of New
				  York State financial aid and loan programs; and
(b) to coordinate the State's administrative
				  effort in student financial aid and loan programs with those of other levels of
				  government.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2001 - Definitions › Section 2001.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Chapter, the following terms shall have the
					 following meanings, unless otherwise specified:
(a) Academic year means the regular school
				  year beginning July 1st and ending June 30th.
(b) Board means the board of trustees of the
				  New York State Higher Education Services Corporation.
(c) College shall mean an institution of
				  higher education recognized and approved by the Regents, which provides a
				  course of study leading to the granting of post-secondary degree or
				  diploma.
(d) Commissioner means the
				  Commissioner of Education.
(e)
				  Corporation means the New York State Higher Education Services
				  Corporation.
(f) President means
				  the president of the corporation.
(g) Regents means Board of Regents of the
				  University of the State of New York.
(h) Vocational institution means a business,
				  trade, technical or other occupational school approved as such by the Regents
				  or accredited by a nationally recognized accrediting agency or association
				  accepted as such by the Regents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2002 - Public Access To Records › Section 2002.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
					 following meanings, unless otherwise specified:
(a) Public record shall mean any information,
				  report, file, memoranda or other manual prepared or kept by the corporation
				  which is made available for public inspection and copying by the Freedom of
				  Information Law and is not exempted from disclosure by State or Federal
				  Law.
(b) Records access officer
				  shall be that officer or employee of the corporation, designated by the
				  president, who shall be responsible for the corporation's compliance with the
				  provisions of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2002 - Public Access To Records › Section 2002.2 - Duties of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
In furtherance of his responsibilities under this Part, the
					 records access officer shall:
(a)
				  compile and maintain:
(1) a record of the
				  final vote of each member of the board of trustees of the corporation upon each
				  matter presented to the board;
(2)
				  a record providing the name, title, salary and public office address of each
				  officer and employee of the corporation; and
(3) a current subject-matter listing of all
				  records in the possession of the corporation, whether or not it is available
				  for inspection;
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2002 - Public Access To Records › Section 2002.4 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to records may, within 30 days, appeal, in writing, such denial
				  to the president or the designee of the president.
(b) The president or the designee of the
				  president shall, within seven business days, respond to such appeal by:
(1) fully explaining, in writing, the reasons
				  for further denial of such request; or
(2) notifying, in writing, of the intention
				  of the corporation to provide access to the records sought.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2002 - Public Access To Records › Section 2002.5 - Personal privacy protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General provisions.
The corporation shall maintain in its records only such
					 personal information that is relevant and necessary to accomplish a purpose of
					 the corporation required by statute or executive order, or to implement a
					 program specifically authorized by law. Personal information will be collected,
					 whenever practicable, directly from the person to whom the information
					 pertains, and the corporation shall seek to ensure that all records pertaining
					 to individuals are accurate, relevant and complete.
(b)
Definitions.
As used in this section, the following terms shall have the
					 following meanings, unless otherwise specified:
(1)
Data subject
shall mean
				  any natural person about whom personal information has been collected by an
				  agency.
(2)
Personal
				  information
means any information concerning a data subject which,
				  because of name, number, symbol mark or other identifier can be used to
				  identify that data subject.
(3)
Record
means any item collection or grouping of personal
				  information about a data subject which is maintained and is retrievable by use
				  of the name or other identifier of the data subject. The term
record
shall not include personal information which is not
				  used to make any determination about the data subject if it is:
(i) any compilation of information containing
				  names and addresses only which is used exclusively for the purpose of mailing
				  agency information;
(ii) personal
				  information required by law to be maintained, and required by law to be used,
				  only for statistical research or reporting purposes;
(iii) information requested by the agency
				  which is necessary for the agency to answer unsolicited requests by the data
				  subject for information; or
(iv)
				  correspondence files.
(4) System of records.
The term
system of records
means any group
					 of records under the actual or constructive control of any agency pertaining to
					 one or more data subjects from which personal information is retrievable by use
					 of the name or other identifier of a data subject.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2003 - Procedures For Declaratory Rulings › Section 2003.1 - Petition for declaratory ruling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Petitions for discretionary issuance of a
				  declaratory ruling concerning the applicability to any person, property or
				  state of facts of any rule, regulation or statute which the corporation
				  enforces may be filed by any person.
(b) Such petition shall be in writing,
				  setting forth in a concise manner the state of all pertinent facts, the rule,
				  regulation or statute to be ruled upon, and shall be signed under oath by the
				  petitioner, verifying all facts alleged in the petition. The petition shall set
				  forth the nature of the petitioner's interest in the question to be determined
				  and shall include accurate copies of all documents and supporting materials.
				  When the question to be determined pertains to only one aspect of a larger
				  transaction or fact situation, all relevant facts with respect to the larger
				  transaction or fact situation shall be submitted.
(c) Petitions shall be addressed and mailed
				  to the office of counsel to the corporation, return receipt requested. The
				  counsel shall review such petitions and recommend to the president:
(1) that a declaratory ruling be
				  made;
(2) that the petition
				  received is incomplete and must be completed before a decision can be made as
				  to the issuance of a declaratory ruling; or
(3) that a declaratory ruling should not be
				  made, specifying the reasons for such recommendation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Limitation means the continuance of a
				  college or vocational institution's or a lender's eligibility, subject to
				  compliance with special conditions or restrictions which have been set as a
				  result of a failure to comply with applicable law, regulations or
				  agreements.
(b) Suspension means
				  the removal of an institution's or a lender's eligibility (or portions thereof)
				  for a specified period of time or until the occurrence of one or more specified
				  conditions.
(c) Termination means
				  the unqualified removal of an institution's or lender's eligibility (or
				  portions thereof) for an indefinite period of time.
(d) Exception status means the removal of
				  loan applications from standard processing procedures in order to conduct a
				  further review of such applications, obtain additional information or verify
				  information contained therein from the applicants or others.
(e) Loans shall include New York Higher
				  Education Loan Program (NYHELPs) loans as set forth in article 14 of the New
				  York State Education Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.2 - Possible sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Limitations. A limitation on an institution's or a lender's participation
				  established under this Part may include any of the following:
(1) a limit on the number or total amount of
				  loans which a lender may make;
(2)
				  a limit on the number or percentage of students enrolled in an institution who
				  may receive loans under this Chapter;
(3) a limit on the percentage of an
				  institution's total receipts for tuition and fees which may be derived from
				  loans for a stated period of time; or
(4) such other requirements or conditions as
				  the president, the board or a presiding officer may determine:
(i) are reasonable and appropriate as a
				  direct means of correcting a violation of applicable laws, regulations or
				  agreements;
(ii) have a high
				  probability for successfully correcting such violation or condition;
				  and
(iii) will promote the purposes
				  of the programs provided for in this Chapter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.3 - Effect on prior participation

Current through Register Vol. 46, No. 28, July 10, 2024
An action under this Part resulting in the limitation,
					 suspension or termination of an institution or lender shall not affect any of
					 its responsibilities arising from participation in programs under this Part
					 prior to the date of such action. Nor shall such action impair any benefits or
					 claims to which an institution or lender may be entitled based on its
					 participation prior to such action, except that if such action results in a
					 requirement that such institutions or lenders make payments to the corporation,
					 then such payments may be used as offsets against such benefits or
					 claims.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.4 - Informal compliance procedure

Current through Register Vol. 46, No. 28, July 10, 2024
If the president receives a complaint, or has other
					 information which he believes to be reliable, indicating that a violation of
					 applicable laws, regulations, agreements or limitations has occurred or is
					 occurring, the president may informally call such matter to the attention of
					 the institution or lender involved and give such institution or lender a
					 reasonable opportunity to respond to the allegation and, if the alleged
					 violation occurred, to show that it has been corrected or to submit an
					 acceptable plan as to those measures which will be undertaken to correct the
					 violation and to prevent its recurrence. Undertaking informal compliance
					 procedures under this section shall not prevent the president from instituting
					 limitation, suspension or termination proceedings or from imposing such
					 sanctions, based upon the same allegations or violations.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.6 - Limitation and termination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope
				  and duration. A limitation may be imposed upon a finding that it is necessary
				  to correct or remedy any violation found to have occurred, assure that it does
				  not recur, or to penalize the institution for having committed such violation.
				  Termination may be imposed upon a finding that the institution has knowingly
				  committed fraud, has acted with gross or wanton negligence in the
				  administration of the loan program, has violated a rule or regulation as a
				  result of which a substantial loss of student, lender or government funds has
				  occurred, or has a history of repeated violations of the same or different
				  rules and regulations causing loss of student, lender or government funds. A
				  limitation or termination may extend to all aspects of an institution's or
				  lender's participation in programs under this Chapter or may be limited to
				  portions thereof. The duration of a limitation may be set to extend for a
				  definite period of time or until the president has determined that the basis
				  for the limitation has been removed and that a repetition of such violation
				  appears unlikely. An institution or lender which has been limited or terminated
				  may subsequently seek reinstatement of its full eligibility to participate in
				  programs under this Chapter pursuant to section
				  2004.7(b) 
				  of this Part.
(b) Procedures.
(1) A limitation or termination may be
				  initiated whether or not suspension proceedings have been initiated under
				  section
				  2004.5  of this Part.
				  Limitation or termination procedures shall be initiated by the president
				  mailing to the institution or lender in question a notice, by certified mail
				  with return receipt requested:
(i) informing
				  the institution or lender of the corporation's intent to limit or terminate the
				  institution's or lender's eligibility, the nature of any proposed limitation
				  and the basis of such action;
(ii)
				  specifying the proposed effective date for the limitation or termination and
				  the consequences of such action; and
(iii) informing the institution or lender of
				  its rights, if exercised within a stated period of time, to submit written
				  material and to request a hearing before the limitation or termination takes
				  effect. The notice shall also provide information pertaining to this proceeding
				  as the president may determine to be appropriate. The notice shall also invite
				  voluntary efforts to correct the violation which led to the initiation of this
				  action.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.7 - Application for reinstatement

Current through Register Vol. 46, No. 28, July 10, 2024
An institution or lender against which a final adverse
					 decision has been issued under this Part may at any time request reinstatement
					 of its eligibility (or portion thereof) and may submit to the president such
					 material as it wishes, or as the president requests, to demonstrate that the
					 basis for such decision has been remedied and is unlikely to recur. The
					 president shall respond to such request within 30 days and, if he denies the
					 request, shall provide reasons for such denial. An institution or lender whose
					 request has been denied shall be given an opportunity to show cause why such
					 request should not be denied. However, the president need not consider a
					 request to remove a limitation or termination or grant an opportunity to show
					 cause if such a request is submitted within six months of a previous denial.
					 The reinstatement of an institution or lender which has been terminated may be
					 subject to reasonable and appropriate conditions or limitations relating to the
					 grounds for such termination.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2004 - Limitation, Suspension Or Termination Of Approval Of Loan Or Loan Guarantee Applications › Section 2004.8 - Exception status

Current through Register Vol. 46, No. 28, July 10, 2024
A lender or educational institution may be placed upon
					 exception status whenever the corporation receives complaints or information
					 from the Attorney General, the State or Federal Education Departments, the
					 Consumer Protection Board or other sources which indicate the program is not
					 being properly administered. The lender or institution shall be notified of
					 such status if it is continuously maintained for more than 10 business days
					 unless withholding such notice is necessary to protect the confidentiality of
					 an investigation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Adjudicatory proceeding means any
				  activity which is not a rule making proceeding or a disciplinary action before
				  the corporation in which a determination of the legal rights, duties or
				  privileges of named parties thereto is required by statute to be made only
				  after an opportunity for a hearing.
(b) Person means any individual, partnership,
				  corporation, association or public or private organization of any character
				  other than the corporation.
(c)
				  Party means any person or agency named or admitted as a party or properly
				  seeking and entitled as of right to be admitted as a party; but nothing in this
				  Part shall be construed to prevent the agency from admitting any person as a
				  party for limited purposes.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.2 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In an
				  adjudicatory proceeding, all parties shall be afforded an opportunity for
				  hearing with reasonable time.
(b)
				  All parties shall be given reasonable notice of such hearing, which notice
				  shall include:
(1) a statement of the time,
				  place and nature of the hearing;
(2) a statement of the legal authority and
				  jurisdiction under which the hearings is to be held;
(3) a reference to the particular sections of
				  the statutes and rules involved, where possible;
(4) a short and plain statement of matters
				  asserted. Upon application of any party, a more definite and detailed,
				  statement shall be furnished whenever the corporation finds that the statement
				  is not sufficiently definite or not sufficiently detailed.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.3 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record in
				  an adjudicatory proceeding shall include:
(1)
				  all notices, pleadings, motions, intermediate rulings;
(2) evidence presented;
(3) a statement of matters officially noticed
				  except matters so obvious that a statement of them would serve no useful
				  purpose;
(4) questions and offers
				  of proof, objections thereto, and rulings thereon;
(5) proposed findings and exceptions, if
				  any;
(6) any decision,
				  determination, opinion, order or report rendered.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.4 - Presiding officers

Current through Register Vol. 46, No. 28, July 10, 2024
The president or one or more persons designated and
					 empowered by the corporation to conduct hearings may be presiding officers.
					 Such persons so designated and empowered may be independent contractors or
					 officers or employees of the corporation or governmental hearing officers.
					 Whenever a presiding officer is disqualified or it becomes impractical for such
					 officer to continue the hearing, another presiding officer may be assigned to
					 continue with the case unless it is shown that substantial prejudice to the
					 party will result therefrom.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.5 - Powers of presiding officers

Current through Register Vol. 46, No. 28, July 10, 2024
Presiding officers are authorized to:
(a) Administer oaths and
				  affirmations.
(b) Sign and issue
				  subpoenas in the name of the corporation, requiring attendance and giving
				  testimony by witnesses and the production of books, papers and other
				  documentary evidence and said subpoenas shall be regulated by the Civil
				  Practice Law and Rules.
(c) Provide
				  for the taking of testimony by deposition.
(d) Regulate the course of the hearings, set
				  the time and place for continued hearings, and fix the time for filing of
				  briefs and other documents.
(e)
				  Direct the parties to appear and confer to consider the simplification of the
				  issues by consent of the parties.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.6 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
The presiding officer may provide for discovery and
					 depositions to the extent and in the manner appropriate to its
					 proceedings.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.7 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Irrelevant or
				  unduly repetitious evidence or cross-examination may be excluded. Except as
				  otherwise provided by statute, the burden of proof shall be on the party who
				  initiated the proceeding. No decision, determination or order shall be made
				  except upon consideration of the record as a whole or such portion thereof as
				  may be cited by any party to the proceeding and as supported by and in
				  accordance with substantial evidence. The corporation need not observe the
				  rules of evidence observed by courts, but shall give effect to the rules of
				  privilege recognized by law. Objections to evidentiary offers may be made and
				  shall be noted in the record. Subject to these requirements, the corporation
				  may, for the purpose of expediting hearings, and when the interests of parties
				  will not be substantially prejudiced thereof, adopt procedures for the
				  submission of all or part of the evidence in written form.
(b) All evidence, including records and
				  documents in the possession of the corporation of which it desires to avail
				  itself, shall be offered and made a part of the record, and all such
				  documentary evidence may be received in the form of copies or excerpts, or by
				  incorporation by reference. In case of incorporation by reference, the
				  materials so incorporated shall be available for examination by the parties
				  before being received in evidence.
(c) A party shall have the right of
				  cross-examination.
(d) Official
				  notice may be taken of all facts of which judicial notice could be taken and of
				  other facts within the specialized knowledge of the agency. When official
				  notice is taken of a material fact not appearing in the evidence in the record
				  and of which judicial notice could not be taken, every party shall be given
				  notice thereof and shall on timely request be afforded an opportunity prior to
				  decision to dispute the fact or its materiality.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.8 - Decisions, determinations and orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A final decision, determination or order
				  adverse to a party in an adjudicatory proceeding shall be in writing or stated
				  in the record and shall include findings of fact and conclusions of law or
				  reasons for the decision, determination or order. Findings of fact, if set
				  forth in statutory language, shall be accompanied by a concise and explicit
				  statement of the underlying facts supporting the findings. If a party submits
				  proposed findings of fact, the decision, determination or order shall include a
				  ruling upon each proposed finding. A copy of the decision, determination or
				  order shall be delivered or mailed forthwith to each party and to his attorney
				  of record.
(b) A decision made by
				  the president acting as the presiding officer or upon a recommendation made by
				  a presiding officer shall become final as so ordered.
(c) Unless required for the disposition of ex
				  parte matters authorized by law, members or employees of the corporation
				  assigned to render a decision or to make findings of fact and conclusions of
				  law in an adjudicatory proceeding shall not communicate, directly or
				  indirectly, in connection with any issue of fact, with any person or party,
				  nor, in connection with any issue of law, with any party or his representative,
				  except upon notice and opportunity for all parties to participate. Any such
				  corporation member:
(1) may communicate with
				  other members of the corporation; and
(2) may have the aid and advice of
				  corporation staff other than staff which has been or is engaged in the
				  investigative or prosecuting functions in connection with the case under
				  consideration or factually related case.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2005 - Hearing Procedures › Section 2005.9 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person compelled to appear in person or who voluntarily
					 appears before the corporation shall be accorded the right to be accompanied,
					 represented and advised by counsel. In a proceeding before the corporation,
					 every party or person shall be accorded the right to appear in person or by or
					 with counsel. Nothing in this section shall be construed either to grant or to
					 deny to any person who is not a lawyer the right to appear for or represent
					 others before the agency.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2006 - Suspension And Limitation Of Awards Participation › Section 2006.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Award means
				  general awards, academic performance awards and fellowships as these terms are
				  defined in section
				  2200.2  of this
				  Title.
(b) Institution means
				  college or vocational institution as these terms are defined in section
				  2001.1  of this
				  Title.
(c) Limitation means the
				  continuance of an institution's eligibility, subject to compliance with special
				  conditions or restrictions which have been set by the corporation as a result
				  of an institution's failure to comply with applicable law, regulation or
				  agreements.
(d) Suspension means
				  the cessation of an institution's participation in awards programs for a
				  specific period of time.
(e)
				  Termination means the cessation of an institution's participation in awards
				  programs.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2006 - Suspension And Limitation Of Awards Participation › Section 2006.2 - Possible sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Limitations. A limitation on an eligible institution's participation in the
				  awards program may include any of the following:
(1) The termination of any prepayment
				  arrangement made with the institution pursuant to section 665  of the
				  Education Law.
(2) The requirement
				  that the institution furnish a bond or an undertaking as a condition of
				  continued eligibility for the awards program, the amount and terms of such to
				  be determined by the president.
(3)
				  The requirement that the institution refund overpaid amounts to the
				  corporation, or begin a repayment plan for such amounts, or establish an escrow
				  account with the corporation, the terms and amounts of such plan or account to
				  be determined by the president.
(4)
				  The requirement that payments or prepayments of awards be made in installments,
				  in trust, or under such other terms and conditions as the president may deem
				  necessary to assure such payments or prepayments shall be expended consistent
				  with statutory and regulatory requirements or shall be available for
				  application to the payment of refunds due.
(5) The requirement that the institution
				  comply with cease and desist orders or mandatory administrative directions
				  issued by the corporation.
(6) Such
				  other requirements or conditions as the president or a presiding officer may
				  determine:
(i) are reasonable and appropriate
				  as a direct means of correcting a violation of applicable laws, regulations or
				  agreements; and
(ii) will promote
				  the purposes of the programs provided for in this Chapter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2006 - Suspension And Limitation Of Awards Participation › Section 2006.4 - Application for reinstatement

Current through Register Vol. 46, No. 28, July 10, 2024
An institution, against which a final adverse decision has
					 been issued under this Part, may at any time request reinstatement of its full
					 eligibility and may submit to the president such material as it wishes, or as
					 the president requests, to demonstrate that the basis for such decision has
					 been remedied and is unlikely to recur. The president shall respond to such
					 request within 30 days and, if he denies the request, shall provide reasons for
					 such denial. An institution whose request has been denied shall be given an
					 opportunity to show cause why such request should not be denied. However, the
					 president need not consider a request to remove a limitation, or grant an
					 opportunity to show cause, if such request is submitted within six months of a
					 previous denial.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2006 - Suspension And Limitation Of Awards Participation › Section 2006.5 - Causes for formal sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Limitation or suspension. The president
				  may initiate a limitation or suspension action upon the receipt of sufficient
				  evidence indicating that an institution is:
(1) accepting award funds on behalf of
				  students who are enrolled in unapproved programs, or programs which are not
				  being conducted as approved by the commissioner, or on behalf of students who
				  are otherwise ineligible for the award granted;
(2) administering financial aid programs in a
				  manner which tends to abuse, disadvantage or defraud participating students or
				  the corporation;
(3) failing to
				  fulfill its institutional responsibilities as prescribed in section
				  2205.3 
				  of this Title; or
(4) otherwise
				  failing to comply with applicable law, regulations or agreements.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2007 - Recovery Of Refunds And Overpayments › Section 2007.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Award means
				  general awards, academic performance awards and fellowships as these terms are
				  defined in section
				  2200.2  of Subchapter
				  C of this Chapter.
(b) Institution
				  means college or vocational institution as these terms are defined by section
				  2001.1  of this
				  Subchapter.
(c) Student means any
				  award recipient who has received payment of an award as defined herein either
				  directly or on his behalf.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2007 - Recovery Of Refunds And Overpayments › Section 2007.2 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
The president shall be empowered at his discretion after
					 consideration of relevant circumstances and equity with respect to a refund
					 and/or overpayment owed from a student or institution to:
(a) require immediate and full
				  repayment;
(b) accept a repayment
				  schedule or installment payments over a reasonable period of time;
(c) establish an escrow account with
				  corporation as security for eventual repayment of a liability;
(d) reduce any future award received by such
				  student by the amount of the refund due;
(e) reduce any future payments receivable by
				  the institution on behalf of currently eligible students by the amount of
				  refund due with the direction to the institution to consider each eligible
				  student's account to have been credited with the amount of his award
				  eligibility for that term of attendance; or
(f) immediately, including during the
				  pendency of any proceeding under section
				  2007.4  of this Part,
				  and without prior notice, to suspend all or part of any payments due or payable
				  to an institution for awards or prepayments thereof until payment of the refund
				  due has been made or, if applicable, satisfactory repayment arrangements have
				  been entered into. Written notice of the action shall be transmitted to the
				  institutions within five days thereof.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2007 - Recovery Of Refunds And Overpayments › Section 2007.3 - Grounds for recovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Student refunds. If a student receives payment as a result of:
(1) administrative error by the institution
				  or the corporation;
(2) a false or
				  erroneous statement on his application or financial form;
(3) any other act of omission or commission
				  on the part of the student, his spouse or his parents; or
(4) failure of the student to fulfill the
				  eligibility requirements for an award of section
				  2205.2 
				  of this Chapter;
such that the student would otherwise have been considered
					 by the president ineligible to receive such payment, the student shall be
					 required to refund the improper payment to the State.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2007 - Recovery Of Refunds And Overpayments › Section 2007.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Written notice of demand shall be served on the student or
					 institution indicating the amount owed, reasons owed and method of recovery.
					 The student or institution has 15 days to serve a written response on the
					 corporation indicating agreement with the notice of demand or that it is being
					 disputed and the grounds therefor. If the notice of demand is disputed, the
					 student or institution may submit documentation with the response supporting
					 his claim. The corporation shall act on a claim disputing a notice of demand
					 within 20 days of service of a response and accompanying documentation. With
					 respect to students such action by the corporation shall be considered final
					 agency action. If circumstances warrant, within the judgment of the president,
					 a hearing may be provided by the corporation to an institution, upon its
					 request, with respect to such action, pursuant to the provisions of Part 2005
					 of this Chapter. In no event shall a demand for a refund be waived or the
					 amount demanded reduced by the corporation without the approval of the
					 Comptroller of the State of New York.