Tenn. Comp. R. & Regs. 1640-01-01-.05 - STANDARDS FOR INSTITUTIONAL REVIEWS AND ERROR RESOLUTION
(1)
TSAC shall conduct periodic program reviews to evaluate the general operation
of the financial aid office relative to the institution's management of the
TSAA:
(a) The Chief Executive Officer (CEO)
of the institution typically will be notified of the visit four-to-six weeks in
advance; the exact date for the visit usually will be scheduled with the
Director of Financial Aid. Extenuating circumstances such as a request from the
U.S. Department of Education or the school's regulatory board may preclude TSAC
from scheduling the review in advance.
(b) At the conclusion of the visit, the
reviewer shall meet with the CEO, or his or her representative(s), and the
Director of Financial Aid to discuss the preliminary findings and
recommendations resulting from the visit.
(c) Following the exit interview, a
preliminary report shall be sent to the CEO of the institution requesting a
response within thirty (30) days. One extension of up-to thirty (30) days may
be requested in writing by the institution.
(d) The final report of findings
incorporating the institution's response shall be transmitted to the CEO within
thirty (30) days of receipt of the institution's response or within thirty (30)
days of the date the response should have been received. The final report
shall, when necessary, request restitution and/or corrective action.
(2) TSAC shall resolve disputes
related to the final report of an institution's Program Review as noted below:
(a) The institution shall be allowed an
additional thirty (30) day period to request a hearing and/or to provide
additional documentation for review by TSAC's Executive Director.
1. If the Executive Director's review of the
additional documentation does not resolve the dispute, the institution may
request a hearing within thirty (30) days of the Executive Director's
decision.
2. If a hearing is
requested, such hearing shall be requested in writing and sent to the Executive
Director. The hearing shall be conducted in accordance with Tenn. Comp. R.
& Regs. 1360-04-01, Uniform Rules of Procedure for Hearing Contested Cases
Before State Administrative Agencies, Rules of Secretary of State, by the TSAC
Appeals Committee. Such Appeals Committee, composed of five (5) members of the
TSAC Board of Directors, appointed as needed by the Chairman, shall within a
reasonable period of time, set a date for the hearing. The Appeals Committee
shall, in consultation with U.S. Department of Education officials, when
necessary, render a decision within thirty (30) days of the hearing.
(b) Final resolution, which may
include financial restitution and/or a plan for corrective action to prevent
recurrence, must be made within thirty (30) days of the Appeals Committee's
decision.
(c) Should the
institution fail to respond within forty-five (45) days of the final report or
to take corrective action or to make restitution within thirty (30) days after
the decision from the Appeals Committee hearing, TSAC shall begin proceedings
to suspend the institution from participation in TSAC programs for sixty (60)
days. This suspension will be effective twenty (20) days from receipt by the
school of TSAC's notification of suspension. Notification of suspension, along
with copies of all findings and responses, will be sent to the U.S. Department
of Education.
(d) Should the school
fail to take corrective action or to make restitution within forty-five (45)
days of the suspension, TSAC shall terminate the institution by informing the
institution that within twenty (20) days from receipt of notification, the
institution is terminated from all TSAC programs.
(e) If an institution is suspended or
terminated during a term, all enrolled students attending that institution who
received TSAA award letters before the effective date of the suspension or
termination will be paid for that term.
(f) Reinstatement of eligibility may be
requested of the TSAC Board after a period of one (1) year after date of
termination, but only if the institution is eligible for other Title IV
programs.
Notes
Authority: T.C.A. ยงยง 49-4-201 and 49-4-204.
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