Pennsylvania Code › Title 22 - EDUCATION › Part VIII - Higher Education Assistance Agency › Chapter 121 - STUDENT FINANCIAL AID › Subchapter A - GENERAL PROVISIONS › MISCELLANEOUS › Section 121.8 - Applicant and recipient appeals and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant or recipient who is
					 aggrieved by a determination of the Committee on Appeals denying him
					 eligibility for financial assistance may file an appeal to the Board of
					 Directors.
(b) An appeal to the
					 Board shall be filed on or before the 15th day after the date on which
					 notification of the determination by which he is aggrieved was delivered
					 personally to the applicant or recipient or mailed to him at his last known
					 post office address.
(c) Any
					 written notice that may reasonably be construed as a request for an appeal,
					 delivered or mailed to PHEAA's Office of General Counsel within the prescribed
					 15-day appeal period, advising that the applicant or recipient is aggrieved and
					 requests a review of the determination denying him financial assistance, will
					 be deemed to initiate and constitute an appeal. The date of initiation of an
					 appeal delivered by mail will be determined from the postmark appearing upon
					 the envelope in which the written communication was mailed.
(d) The appeal may be heard by the Board or,
					 at its direction, by a hearing examiner appointed by the Chairperson of the
					 Board of the Agency or, in the event of the unavailability of the Chairperson,
					 by the Vice Chairperson of the Board of the Agency from a list maintained by
					 the President and Chief Executive Officer. The hearing examiner or the Board
					 will schedule the appeal promptly for hearing and give the applicant or
					 recipient at least 7 days' notice of the hearing. The notice will specify the
					 date, hour and place of hearing.
(e) Hearings will be held at the offices of
					 the Agency in Harrisburg. During the hearing, the applicant or recipient will
					 be given the opportunity to submit testimony or evidence, or both, in support
					 of his contentions. The applicant or recipient will also have the right to
					 present oral and written argument and to cross-examine any witnesses offered by
					 the Agency. This subsection supplements 1 Pa. Code §
											35.126 (relating to presentation
					 by the parties).
(f) Where a
					 hearing examiner has been appointed, he shall prepare or cause the preparation
					 of a verbatim transcript of the hearing, develop findings of fact and
					 conclusions of law, and forward these directly to the Board for review and
					 final decision. This subsection supplements 1 Pa. Code §§
											35.131 and
					 35.202 (relating to recording of
					 proceedings; and proceedings in which proposed reports are prepared).
(g) The Board will make an order or
					 determination as appears just and proper from the evidence submitted.
(h) Notice of the decision of the Board will
					 be mailed promptly to the applicant or recipient at his last known post office
					 address.
(i) Where the decision of
					 the Board is in favor of the applicant or recipient, he shall be eligible for
					 retroactive financial assistance payments for the period during which such
					 assistance was temporarily delayed.
(j) The decision of the Board on an appeal
					 will become final 10 days after the date thereof. Within 30 days after the
					 decision of the Board becomes final, the applicant or recipient may file an
					 appeal therefrom with Commonwealth Court.
The provisions of this §
													121.8 issued under section 4 of
						  the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §
														5104); section 1 of the act of January 25,
						  1966 (P. L. 1546, No. 541) (24 P. S. §
														5151); sections 3 and 4(1.2) of the act of
						  July 12, 1981 (P. L. 264, No. 89) (24 P. S. §§
														5102.1 and
						  5104(1.2)); amended under
						  section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §
														5104); sections 1 and 6(e) of the act of
						  January 25, 1966 (P. L. 1546, No. 541) (24 P. S. §§
														5151 and
						  5156(e)); The Institutional
						  Assistance Grants Act (24 P. S. §§
														5181-5189); the Urban and Rural Teacher Loan
						  Forgiveness Act (24 P. S. §§
														5191-5197); and
						  the Agriculture Education Loan Forgiveness Act (24 P. S. §§
														5198.1-5198.7).
This section cited in 22 Pa. Code §
													121.4 (relating to denial of
						  eligibility to loan defaulters); 22 Pa. Code §
													121.53 (relating to forfeiture of
						  award); and 22 Pa. Code §
													121.151 (relating to application
						  of existing Agency regulations); 22 Pa. Code §
													121.201 (relating to application
						  of existing Agency regulations); 22 Pa. Code §
													121.302 (relating to application
						  of existing Agency regulations); and 22 Pa. Code §
													121.401 (relating to application
						  of existing agency regulations).