Ariz. Admin. Code § 4-39-602

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-39-602 - Claims

A. The Board shall investigate a claim against the Fund and find:

1. The claim is valid if:

a. Student educational records confirm that the claim is filed by a person injured as defined in A.R.S. § 32-3071(6); and

b. The claim is filed within one year after the licensee ceased operations;

2. The claim is invalid because:

a. It is filed more than one year after the licensee ceased operations;

b. The claimant is participating in a teach-out; or

c. The claimant voluntarily transferred to another institution and received different training for the same or greater cost than was paid to the licensee that ceased operations.

B. If the Board finds a claim is valid, the Board shall determine the amount and the party to be paid as follows:

1. The claim payment shall include only the actual amount of tuition and student fees paid in cash or with a student loan. The Board shall not make a claim payment for a grant, scholarship, or debt owed to another state, local, or federal governmental agency.

2. A claim payment shall be made first to a student-loan holder for the amount owed on the loan, and then to the student or other person for the amount already paid on the student loan or cash payments.

C. The Board shall pay a valid claim within 120 days after the public meeting at which the claim is considered.

D. A claimant who is not satisfied with the Board's decision on a claim may file a motion for hearing as allowed under A.R.S. Title 41, Chapter 6, Article 10.

Ariz. Admin. Code § R4-39-602

Adopted effective August 14, 1990 (Supp. 90-3). Amended by final rulemaking at 7 A.A.R. 4256, effective September 12, 2001 (Supp. 01-3). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.