Section 60. Administration

A. The council. The council retains the right to periodically review institutional administrative practices to determine compliance with this chapter. If the council determines that an institution has failed to rectify substantial compliance errors after an opportunity to do so is provided by the council, or otherwise no longer meets the definition of an eligible institution, the council may, after a written notice of pending action to the institution, suspend or terminate its future participation in the program. In all instances, the council will require the institution to recover and refund to the council any state funds that were expended improperly. An institution that is suspended or terminated from the program may ask for reconsideration by submitting a written appeal within 30 days of the council's decision.

The council shall provide assistance, interpretation of policy and regulations, and guidance to the institution in their handling of administrative matters. The assistance may be in the form of information about the program and preparation of the student application.

If an institution wishes to do so, it may prepare its own application, as long as it is approved by the council.

B. Participating institutions. Institutions shall:

1. Certify student eligibility in all respects;

2. Notify, in writing, students whose applications are rejected that they are not eligible for awards, the reason they are not eligible, and the deadline date for submitting appeals to the council;

3. Use the program Units Web Tool, if available, to verify units used by students prior to making new awards;

4. Secure and provide to the council such information regarding student applicants and award recipients as the council deems necessary for the proper administration of the program;

5. Act, with the student's authorization, as the student's agent to receive and hold program funds for the student's use as tuition assistance;

6. Furnish periodic reports and other pertinent information as may be required by the council. The reports shall include, but not be limited to, copies of institutional financial aid audit reports and audited financial statements;

7. Ensure that each application bears a timestamp indicating the date the application was received by the institution;

8. Retain all records regarding the application and award process for at least three years after the last award year for the student unless directed otherwise by the Library of Virginia's Virginia Records Retention and Disposition, Schedule GS-111; and

9. Withdraw from the program only upon a 60-day written notice to both its student body and the council. Withdrawal shall be effective at the conclusion of the academic year designated by the withdrawing participant.

The institution's chief executive officer shall designate one individual at the institution to act as the primary representative of the institution in all matters pertaining to the administration of the program. The chief executive officer shall, in addition, indicate whether the primary institutional representative may designate a single subordinate who may act as an alternate representative for routine administrative operational matters at the campus. At multi-campus institutions, an alternate representative may be designated for each branch campus if the chief executive officer authorizes the appointment of alternate representatives. If there is a change in the primary representative, the chief executive officer shall designate another individual and notify the council in writing within 30 days of the change. It is the responsibility of the primary representative to advise the council in a similar fashion of changes in alternate representatives, if any.

C. Responsibility of recipients. A recipient of an award under the program shall notify the institution in writing of any name or permanent address change.

Historical Notes

Derived from Volume 28, Issue 02, eff. September 16, 2011.

Statutory Authority

§ 23-38.13 of the Code of Virginia.