Section 92-44-006 - Filing of ClaimsA claim may be filed only if it arises out of the termination of operation by a private postsecondary career school on or after the effective date of this regulation. Claims by students who ceased to be enrolled in classes which continued to be offered by a school after the student ceased enrollment are not eligible claims. Claims may be filed on forms prescribed by the Department with the Board within one (1) year after termination of operation of a school. Claims filed after one (1) year shall not be considered.
006.01 Claims shall be in writing on forms provided by the Department and must be forwarded to the Nebraska Department of Education, Private Postsecondary Career Schools, and Veterans Education Section.006.02 Claims shall be accompanied by documents such as receipts, canceled checks, or executed enrollment agreements which verify payment of tuition and fees.006.03 Where appropriate documentation is not provided and the availability of documentation is beyond the control of the claimant, the validity of the claim may be determined based on the available evidence.006.04 Following receipt of the claim by the Department, the Commissioner or his or her designee(s) may investigate and shall review the claim and the Commissioner shall make written recommendations regarding the claim to the Board. In arriving at the recommendations, the Commissioner or his or her designee(s) may request that a claimant submit additional documentation, explanation, and/or meet with the Commissioner or his or her designee(s). A copy of the Commissioner's written recommendations to the Board shall be mailed to the claimant, certified mail, return receipt requested.006.05 If the claimant disagrees with the Commissioner's written recommendations, he or she may request a hearing on the recommendations by filing a request with the Board within ten days following receipt of the written recommendations pursuant to 92 NAC 61 (Rule 61).006.06 If no hearing is requested, the Board may act on the recommendation of the Commissioner without further notice to the claimant.006.07 Refunds, if any, shall be made, first, to any lender issuing student financial aid on behalf of the claimant or the guarantor of such aid, and second, to the claimant. In the event there was no financial aid involved, refunds shall be made to the claimant.92 Neb. Admin. Code, ch. 44, § 006
Amended effective 11/8/2016.