Section 500 IAC 1-1-10 - Applicant's right of appealAuthority: IC 21-18.5-4-9
Affected: IC 4-21.5; IC 21-12-3
Sec. 10.
(a) When the commission determines that an applicant is ineligible for award consideration for reasons specified in IC 20-12-21-6, IC 20-12-21-6.1, and IC 20-12-21-7[IC 20-12 was repealed by P.L. 2-2007, SECTION 390, effective July 1, 2007.] or this rule, to the extent practicable, the commission shall attempt to notify the applicant at the address on record of the denial and of the period of time an applicant has to provide requested data or appeal the denial.(b) An applicant who has been denied may appeal the action in the following manner: (1) An appeal must be made in writing to the director of the grant division. Relevant documentation must accompany the written appeal and be submitted within thirty (30) days of the date the commission sent an edit letter to the student notifying them of their ineligibility for state grant assistance.(2) Decisions made by the director of the grant division regarding the applicant's appeal shall be in writing and shall be mailed to the applicant making the appeal.(3) An appeal decision rendered by the director of the grant division may be appealed in writing to the executive director.(4) Decisions made by the executive director regarding the applicant's appeal shall be in writing and shall be mailed to the applicant making the appeal.(5) An appeal decision rendered by the executive director may be appealed to the appointed members of the commission.(6) Appeals to the appointed members of the commission shall be heard at a regular meeting or a specially called meeting. An applicant appealing to the commission is entitled to advance notice of the date, time, and place of the hearing. The applicant shall receive a copy of the official minutes that contain the decision made by the commission on the appeal.(7) An appeal that has been denied by the commission shall be final within the meaning of IC 4-21.5.(c) An applicant who fails to respond in writing to a request for information in the period of time specified shall be ineligible to receive award consideration for that academic year.Commission for Higher Education of the State of Indiana; 500 IAC 1-1-10; filed Feb 26, 1986, 4:10 p.m.: 9 IR 1579; errata, 9 IR 2208; filed May 11, 1987, 8:45 a.m.: 10 IR 1872; filed Jan 9, 1996, 5:00 p.m.: 19 IR 1365; readopted filed Nov 30, 2001, 10:52 a.m.: 25 IR 1295; readopted filed Nov 30, 2007, 8:58 a.m.: 20071226-IR-585070702RFATransferred from the State Student Assistance Commission ( 585 IAC 1-9-10) to the Commission for Higher Education of the State of Indiana ( 500 IAC 1-1-10) by IC 21-18.5-1-2(c), effective July 1, 2012.