(1) Prior to the adoption, amendment, or repeal of any rule, except a temporary rule, the Oregon Student Assistance Commission shall give public notice in the manner provided in this rule and hold a hearing on the proposed action.
(2) The public notice shall include the following:
(a) Subject matter and purpose of the intended action in sufficient detail to inform a person that the person's interest may be affected;
(b) Time, place, and manner in which interested persons may present their views on the intended action;
(c) A citation of the statutory or other legal authority for the agency's rulemaking;
(d) A citation of the statute or other law the rule is intended to implement;
(e) A statement of need for the rule and a statement of how the rule is intended to meet that need;
(f) A list of principal documents prepared by or relied upon by the agency in considering the need for the rule and a statement of the location at which those documents are available for public inspection;
(g) A statement of fiscal impact; and
(h) A statement concerning the use or non use of an advisory committee.
(3) The public notice shall be provided by:
(a) Publication in the Administrative Rules Bulletin referred to in ORS 183.360 at least twenty-one (21) days before the effective date of the proposed action;
(b) Mailing a copy, along with a copy of the proposed rule, to persons on the agency's mailing list established under ORS 183.335(7) twenty-eight (28) days before the effective date of the proposed action; and
(c) Mailing a copy of the proposed rule to other persons who request such in writing.
Stat. Auth.: ORS 183 & ORS 348
Stats. Implemented: ORS 183 & ORS 348
Hist.: SSC 8(Temp), f. 1-30-76, ef. 2-15-76 thru 6-14-76; SSC 9, f. & ef. 10-21-76; SSC 13-1994, f. 10-7-94, cert. ef. 10-16-94; OSAC 1-1999, f. & cert. ef. 12-8-99
The Attorney General's Model Rules of Procedure under the Administrative Procedure Act, effective March 27, 2000, are hereby adopted as rules of procedure of the Oregon Student Assistance Commission and are made a part of these Administrative Rules.
[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Oregon Student Assistance Commission.]
Stat. Auth.: ORS 183.325
Stats. Implemented: ORS 183, ORS 348, ORS 729 & OL 1999
Hist.: SSC 17, f. & ef. 8-1-77; SSC 1-1979, f. & ef. 1-17-79; SSC 1-1980, f. & ef. 1-31-80; SSC 1-1982, f. & ef. 4-28-82; SSC 3-1983, f. & ef. 11-29-83; SSC 1-1986, f. & ef. 2-21-86; SSC 1-1994, f & cert. ef. 1-25-94; SSC 1-1996, f. & cert. ef. 3-12-96; OSAC 1-1999, f. & cert. ef. 12-8-99; OSAC 1-2001, f. & cert. ef. 3-1-01
(1) Any student or parent in default on any Federal Family Education Loan Program (FFELP) loan (formerly Guaranteed Student Loan/GSL) or any loan made or insured by the Oregon Student Assistance Commission and any student owing a refund on any State grant, or owing a refund or in default on any Title IV federal aid program shall not be eligible to participate in any student assistance program administered by the Commission.
(2) A student or parent who has lost eligibility for the aid programs referenced under section (1) of this rule regains eligibility by meeting the requirements of the Higher Education Act of 1965, as amended, and regulations issued thereunder.
Stat. Auth.: ORS Ch. 183 & 348
Stats Implemented: ORS 348.530
Hist.: SSC 17, f. & ef. 8-1-77; SSC 3-1980, f. & ef. 1-31-80; SSC 2-1982(Temp), f. & ef. 5-4-82; SSC 3-1982, f. & ef. 7-15-82; SSC 1-1985, f. & ef. 4-17-85; SSC 2-1986, f. & ef. 2-25-86; SSC 5-1986, f. & ef. 6-12-86; SSC 1-1990, f. & cert. ef. 2-5-90; SSC 3-1990, f. & cert. ef. 5-1-90; OSAC 1-1999, f. & cert. ef. 12-8-99
Right of Appeal
A student who is denied participation in any student assistance program administered by the Oregon Student Assistance Commission may appeal the denial to the Commission. The appeal shall be submitted in writing a minimum of ten days before the meeting at which the appeal is to be considered.
Stat. Auth.: ORS 348
Stats. Implemented: HB 2249 and the Higher Education Act of 1965 as amended
Hist.: SSC 17, f. & ef. 8-1-77; SSC 2-1986, f. & ef. 2-25-86 ; OSAC 1-1999, f. & cert. ef. 12-8-99; OSAC 1-2005(Temp), f. & cert. ef. 4-4-05 thru 10-1-05; OSAC 2-2005, f. 9-27-05, cert. ef. 10-1-05; OSAC 5-2007, f. & cert. ef. 11-7-07
Licensing, Suspension, and Renewal Requirements
(1) A State of Oregon licensing board, agency, or commission that is authorized by statute shall refuse to renew or may suspend a certificate, license, or registration of a person, or place the person on probation, if the person is in default in repayment of any student loan guaranteed or insured by the Oregon Student Assistance Commission and is not paying in a satisfactory manner as defined by federal regulation.
(2) The Oregon Student Assistance Commission shall identify which entities it is feasible to enter into an agreement with, to design and implement a process for conducting database matches and notification procedures.
(3) The Oregon Student Assistance Commission shall notify the defaulted loan borrower in writing that failure to pay satisfactorily may result in a refusal to issue or renew, a suspension or a placement on probation on any license, certificate or registration. The notice shall provide the defaulted student loan borrower with an administrative process to challenge the default status of any loan and an opportunity to object to the collection of the debt according to 34 CFR 30.20 to 30.33 and 34 CFR 682.410.
(4) The Oregon Student Assistance Commission shall inform defaulted borrowers and participating boards, agencies and commissions as outlined in ORS 348.397 - 348.399.
Stat. Auth.: ORS 183.325, ORS 690.005 - ORS 690.235 & ORS 348
Stats. Implemented: HB 2337, 1995 Legislative Assembly
Hist.: SSC 2-1994, f. & cert. ef. 1-25-94; SSC 2-1996, f. & cert. ef. 6-7-96; OSAC 1-1999, f. & cert. ef. 12-8-99
Appointment and Authority of Executive Director
The Commission shall appoint a qualified person to hold the position of Executive Director of the Oregon Student Assistance Commission. The Executive Director shall have the authority to direct all activities of the agency including, but not limited to, developing the agency's biennial and interim budget requests, overseeing all management functions of the agency such as authorizing expenditures and fees, employing and dismissing staff, entering into contracts and any other activity necessary to direct the functions of the agency on a daily basis.
Stat. Auth.: ORS 183 & ORS 348
Stats. Implemented: ORS 183 & ORS 348
Hist.: OSAC 1-1999, f. & cert. ef. 12-8-99
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
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