1640-01-01-.05
Standards For Institutional Reviews And Error Resolution
Cite as Tenn. Comp. R. & Regs. 1640-01-01-.05
(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.
TENNESSEE STUDENT ASSISTANCE PROGRAM
CHAPTER 1640-01-01
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.