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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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HIGHER EDUCATION COORDINATING COMMISSION
OFFICE OF STUDENT ACCESS AND COMPLETION

 

DIVISION 60

PRIVATELY FUNDED AWARD PROGRAMS

575-060-0005

Definitions

For the purposes of Privately Funded Award Programs which the Commission administers, the following definitions shall be used unless specified otherwise by a donor:

(1) "Academic Year." A period of time, normally beginning in August or September, in which a student would normally be expected to complete at least three-quarters of full-time instruction or the equivalent.

(2) "Commission." The Oregon State Scholarship Commission.

(3) "Cost of Education." The sum of tuition and fees, room and board, books and supplies, transportation personal expenses, and other allowable costs identified by the U.S. Department of Education.

(4) "Dependent/Independent Student." The definitions of dependent/independent student shall be the definition used for the student aid programs under Title IV of the Higher Education Act of 1965 as amended.

(5) "Generally Accredited Institution." An institution accredited by the Northwest Association of Secondary and Higher Schools.

(6) "Resident of Oregon." Residency is established by virtue of the student (in the case of independent students) or the student's parents (in the case of dependent students) having been in continuous residency in this state for the 12 months preceding enrollment. Residency is immediate in the case of a dependent whose parents have moved to this state for a reason other than the student's enrollment. The residency period may be reduced to the preceding six months in the case of an independent student who moved to this state for a purpose other than education:

(a) A dependent resident student whose Oregon domiciled parent(s) move out-of-state shall retain resident classification as long as such student is continuously enrolled at an Oregon high school or postsecondary institution. Continuous enrollment is defined as completion of an academic year within any 12-month period;

(b) An independent resident student shall retain resident classification as long as the student is continuously enrolled at an Oregon postsecondary institution. Continuous enrollment is defined as completion of an academic year within any 12-month period;

(c) A dependent student whose parent(s) are serving on active duty in the United States Armed Forces outside the State of Oregon shall have residency status determined by the parents' declared "home of record." An independent student who is serving on active duty in the United States Armed Forces outside the State of Oregon shall have residency status determined by the student's declared "home of record";

(d) A student from a state other than Oregon, or from the Trust Territories, who is receiving or is eligible to receive financial assistance through the government of that state or the Trust Territories, shall not be considered a resident of Oregon.

(e) Residence Classification of Members of Oregon Tribes:

(A) Students who are enrolled members of federally recognized tribes of Oregon or who are enrolled members of a federally recognized Native American tribe which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon shall be deemed eligible for programs administered by the Oregon Student Assistance Commission that are limited to Oregon residents, regardless of their state of residence.

(B) For purposes of this rule, the federally recognized tribes of Oregon are those recommended by the Oregon University System in OAR 580-010-0037 for purposes of assessing resident tuition:

(i) Burns Paiute Tribe;

(ii) Confederated Tribes of Coos, Lower Umpqua and Siuslaw;

(iii) Confederated Tribes of Grand Ronde Community of Oregon;

(iv) Confederated Tribes of Siletz Indians of Oregon;

(v) Confederated Tribes of the Umatilla Indian Reservation;

(vi) Confederated Tribes of the Warm Springs Indian Reservation;

(vii) Coquille Indian Tribe;

(viii) Cow Creek Band of Umpqua Indians;

(ix) Klamath Tribes.

(C) For purposes of this rule, the federally recognized Native American tribes which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon are:

(i) CALIFORNIA:

(I) Benton Paiute Tribe;

(II) Big Bend Rancheria;

(III) Big Lagoon Rancheria;

(IV) Blue Lake Rancheria;

(V) Bridgeport Indian Colony;

(VI) Cedarville Rancheria;

(VII) Fort Bidwell Indian Tribe;

(VII) Hoopa Valley Tribe;

(IX) Karuk Tribe of California;

(X) Likely Rancheria;

(XI) Lookout Rancheria;

(XII) Lytton Rancheria;

(XIII) Melochundum Band of Tolowa Indians;

(XIV) Montgomery Creek Rancheria;

(XV) Pit River Tribe;

(XVI) Quartz Valley Indian Community;

(XVII) Redding Rancheria;

(XVIII) Roaring Creek Rancheria;

(XIX) Smith River Rancheria;

(XX) Susanville Rancheria;

(XXI) Tolowa-Tututni Tribe;

(XXII) Winnemucca Colony;

(XXIII) XL Ranch;

(XXIV) Yurok Tribe.

(ii) IDAHO:

(I) Nez Perce Tribe of Idaho;

(II) Shoshoni-Bannock Tribes.

(iii) NEVADA:

(I) Duck Valley Shoshone-Paiute Tribes;

(II) Fallon Paiute-Shoshone Tribe;

(III) Fort McDermitt Paiute-Shoshone Tribe;

(IV) Lovelock Paiute Tribe;

(V) Pyramid Lake Paiute Tribe;

(VI) Reno-Sparks Indian Colony;

(VII) Summit Lake Paiute Tribe;

(VIII) Walker River Paiute Tribe;

(IX) Winnemucca Indian Colony;

(X) Yerington Paiute Tribe.

(iv) OKLAHOMA: Modoc Tribe of Oklahoma.

(v) WASHINGTON:

(I) Chehalis Community Council;

(II) Colville Confederated Tribes;

(III) Quinault Indian Nation;

(IV) Shoalwater Bay Tribe;

(V) Yakama Indian Nation.

(D) A student seeking to be deemed eligible under the provisions of this rule shall submit, following procedures prescribed by the Oregon Student Assistance Commission, a photocopy of a tribal enrollment card or other acceptable documentation from a tribe which documents tribal membership.

(7) "Community Foundation" means an organization that is:

(a) A community trust or foundation within the meaning of Section 170 of the Internal Revenue Code of 1986 and Section 1.170 A-9(e)(10) of the treasury regulations thereunder;

(b) Exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986; and

(c) Not a private foundation within the meaning of Section 509 of the Internal Revenue Code of 1986.

Stat. Auth.: ORS 183.325 & 348, OL 1993
Stats. Implemented: ORS 348
Hist.: SSC 4-1985, f. & ef. 4-17-85; SSC 4-1994, f. & cert. ef. 1-25-94; SSC 1-1998, f. & cert. ef. 3-18-98; OSAC 1-2006, f. & cert. ef. 2-8-06

575-060-0007

Policy

The Commission will administer privately funded awards pursuant to the following rules, by authority of ORS 348.530 and pursuant to the donor's intent.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0010

Eligibility

Unless otherwise specified by a donor, an applicant for an award must:

(1) Be a resident of the State of Oregon; and

(2) Be a U.S. citizen or be in the United States for other than a temporary purpose and intend to become a permanent resident of the United States.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 4-1985, f. & ef. 4-17-85; SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0012

Eligible Institutions

A donor must specify which institutions are eligible to receive award recipients. However, only institutions located in a state and recognized by the U.S. Department of Education as eligible to participate in federal Title IV student financial aid programs may be so designated and at least two institutions must be designated.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 – ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91; SSC 1-1998, f. & cert. ef. 3-18-98

575-060-0015

Administrative Responsibility

(1) For an award program established by the proceeds by an estate, the Commission will establish award criteria in accordance with the conditions specified in the donor's last will and testament.

(2) For a program established by employers for their employees and/or dependents of their employees, the donor and the Commission shall be governed by applicable federal Internal Revenue Service regulations.

(3) The Commission shall faithfully execute the terms of any private award program in accordance with ORS 128.055 to 128.100.

(4) The Commission will not deviate from the requirements of award criteria unless the change is made in accordance with section (5) of this rule.

(5) Unless otherwise provided by the donor, the Commission reserves the right, after approval of the Attorney General, pursuant to his or her charitable supervision responsibilities, to amend an award's eligibility requirements if the Commission and the Attorney General believe that the donor's specific request is being frustrated for any reason. In making an amendment, the Commission will continue to endeavor to carry out the donor's overall general intentions.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 4-1985, f. & ef. 4-17-85; SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0020

Accountability and Record Keeping

(1) For a program where the Commission is the disbursing agent, the Commission shall establish a separate account within the State Scholarship Commission Fund (ORS 348.570). All monies in the account shall be placed with the State Treasurer, who will hold and invest these monies as provided in ORS 348.580. Any interest that may accrue to such an account while on deposit with the State Treasurer will be used only for awards and administrative expenses of the account.

(2) Subject to the terms of the governing instruments and applicable law, the Commission may enter into agreements with one or more community foundations in Oregon to assume the management of the privately funded student aid programs of the Commission. The Commission may transfer to the community foundation any or all gifts or scholarship grants received by the Commission from any private donor.

(3) For any scholarship fund whose assets are transferred to the Commission, the prior trustee shall be responsible for any forms, notices, or taxes which should have been filed or paid for the taxable years during which the prior trustee administered the fund.

(4) The Commission shall maintain sufficient records to document its activities relating to each private award program. The Commission shall provide an annual report to each donor or donor's designate. This report shall include a statement of earnings, disbursements made, and fund balances.

Stat. Auth.: ORS 183.325 & ORS 348, OL 1993
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 4-1985, f. & ef. 4-17-85; SSC 1-1991, f. & cert. ef. 12-23-91; SSC 4-1994, f. & cert. ef. 1-25-94

575-060-0025

Approved Application

For awards where the Commission processed applications or selects awardees, applicants will be required to use a private award application specified by the Commission.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0030

Conditions of Award

(1) A student failing to make satisfactory academic progress as defined by the institution for students receiving federal Title IV aid may be denied payment of an award.

(2) No award shall be made to a student in default on any federal Title IV loan or owing a refund on federal Title IV funds previously disbursed.

(3) Awards shall be used only during a regular academic term but upon petition to the Commission and Commission approval, may be used during a summer term.

(4) Former awardees who voluntarily withdraw or fail to maintain satisfactory academic progress according to institutional standards may be considered for reinstatement by providing the Commission with a completed private award application, a transcript of all college work to date and, if required, completing a federally approved need analysis form.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0035

Selection

(1) In administering a private award program, the Commission shall not discriminate against an applicant on the basis of age, sex, sexual orientation, marital status, race, ethnic origin, creed, religion, color, national origin, or the presence of any mental, sensory or physical disability. This rule shall not prevent donors from creating awards for disadvantaged persons or other persons to the extent not prohibited by law, nor shall this rule prevent the Commission from accepting administration of such a program if the Commission, in its discretion, believes the program award criteria are lawful.

(2) For a program where need is used in the selection of an awardee, an applicant shall complete a federally-approved need analysis form. The calculation of need will be determined by the Commission.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0040

Disbursement

(1) Unless otherwise specified by the donor, the Commission shall disburse funds to an institution on behalf of an awardee on an academic term basis.

(2) An institution shall not disburse funds to an awardee who ceases to meet conditions of award identified by the Commission.

(3) An institution shall return undisbursed funds to the Commission within 30 days of receipt.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91

575-060-0045

Administrative Fees

The Commission may charge an annual fee for servicing an award program. The Commission shall set the amount of the fee, based on a percentage of the amount of scholarships awarded annually.

Stat. Auth.: ORS 348.520 - ORS 348.530
Stats. Implemented: ORS 348.520 - ORS 348.530
Hist.: SSC 1-1991, f. & cert. ef. 12-23-91

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