N.J. Admin. Code § 9A:9-3.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 9A:9-3.3 - Exercise of institutional professional judgment in the determination of family or student contribution

(a) For purposes of administration of State student aid programs, the Higher Education Student Assistance Authority shall accept eligibility determinations by participating institutions based on the exercise of professional judgment regarding the calculation of the family or student's ability to contribute to the cost of higher education, providing the following conditions are met:

1. Determinations shall satisfy all applicable Federal standards set forth under Title IV of the Higher Education Act of 1965, as amended, and its implementing regulations and rules. Pursuant to Title IV standards, the determination shall relate to a given student's special circumstances and shall be documented in the student's campus file;

2. Individual determinations for State student aid programs shall be made in a manner consistent with the institutional policies regarding the awarding of need-based financial aid, including Federal and State aid; and

3. The institution shall share with the Authority any material findings or audit exceptions related to the exercise of professional judgment at any time they are revealed in the course of an audit or program review.

(b) The institution may be required to refund to the Authority, upon request, any State student aid funds, which are paid to a student as a result of the institution's failure to exercise professional judgment in accordance with (a) above.

(c) The Higher Education Student Assistance Authority shall have final decision making authority over eligibility determinations made by participating institutions based on professional judgment for any student when those determinations are in question.

N.J. Admin. Code § 9A:9-3.3

New Rule, R.1995 d.428, effective 8/7/1995.
See: 27 N.J.R. 2043(a), 27 N.J.R. 2906(a).
Amended by R.2002 d.290, effective 9/3/2002.
See: 34 N.J.R. 1392(a), 34 N.J.R. 3079(c).
Amended by R.2007 d.286, effective 9/4/2007.
See: 39 N.J.R. 1375(a), 39 N.J.R. 3738(a).
In (b), inserted a comma following "funds" and substituted "(a) above" for "this section"; and added (c).