Ala. Admin. Code r. 300-4-7-.08

Current through Register Vol. 42, No. 10, July 31, 2024

Section 300-4-7-.08 - Review Procedures

(1) The institutional review will enable the reviewer to express an opinion of the administrative controls and the compliance aspects of the Police Officer's and Firefighter's Survivor's Educational Assistance Program at the eligible institution.

(2) The primary objectives identified for the reviewer conducting institutional reviews are:

(a) To determine if the institution's records present information accurately and in conformity with the Police Officer's and Firefighter's Survivor's Educational Assistance Program Regulations, and whether all reports are prepared on a consistent basis from one period to the next;

(b) To determine whether the institution has implemented, and is utilizing, reasonable procedures and internal controls for effectively discharging management responsibilities and for protecting adequately the state's interest;

(c) To review institutional records and reports on areas of noncompliance; and

(d) Based upon the review, to provide constructive recommendations to the institution.

(3) The institution shall make all records and information relative to the Police Officer's and Firefighter's Survivor's Educational Assistance Program available to the reviewer.

(4) A written report shall be provided by the reviewer to the institution and shall include;

(a) Any findings of inaccuracies in institutional reports;

(b) Any inconsistencies in institutional reports;

(c) Conclusions regarding the adequacy of administrative controls;

(d) Any areas of noncompliance; and

(e) Any recommendations for improvement.

(5) If the eligible institution does not concur with all items in the written report, a written appeal should be submitted to the executive director of the Alabama Commission on Higher Education.

(6) When an institutional review reveals sufficient problems pertaining to the Police Officer's and Firefighter's Survivor's Educational Assistance Program at an institution, the executive director of the Alabama Commission on Higher Education may:

(a) Impose a temporary suspension of Police Officer's and Firefighter's Survivor's Educational Assistance Program payments to the institution;

(b) Suspend the institution from participation in the Police Officer's and Firefighter's Survivor's Educational Assistance Program for an indefinite period of time;

(c) Demand payment of any Police Officer's and Firefighter's Survivor's Educational Assistance Program funds to a student or repayment of funds to the state of Alabama to remedy a violation of applicable laws, regulations, agreements, or operating procedures; or,

(d) Refer any problems to the Attorney General for appropriate legal action.

(7) A suspended institution may request a hearing by the Alabama Commission on Higher Education. The institution shall be notified in writing of the time and place of such Alabama Commission on Higher Education hearing.

(8) After such hearing, the Alabama Commission on Higher Education shall determine, at an official meeting of the Commission, whether to:

(a) Continue the suspension pending the receipt of any additional information the Commission may require;

(b) Continue the executive director's suspension subject to limitation or exceptions;

(c) Revoke or lift the suspension and restore the institution to full participation as authorized under the regulations;

(d) Terminate the institution's eligibility for an indefinite period of time;

(e) Demand payment of any Police Officer's and Firefighter's Survivor's Educational Assistance Program funds to a student or repayment of funds to the State of Alabama to remedy a violation of applicable laws, regulations, agreements, or operating procedures; or,

(f) Take any other appropriate action the Commission deems necessary, including referral to the Attorney General for appropriate legal action.

Ala. Admin. Code r. 300-4-7-.08

Filed April 6, 1988.

Author: Joseph T. Sutton

Statutory Authority:Code of Ala. 1975, §§ 36-21-100, etseq.