6A-20.0371. Right to Appeal Eligibility Determination


Effective on Tuesday, October 15, 2002
  • 1(1) This rule applies to all state student financial assistance programs administered by the Office of Student Financial Assistance, Florida Department of Education.

    24(2) Actions prior to appeal. An applicant who believes that the Office of Student Financial Assistance, Florida Department of Education, has made an error in determining the applicant’s eligibility to receive a state student financial aid award, or has failed, in error, to transfer an award from one eligible institution to another when the applicant has met the deadline for requesting transfer of an award, should first seek to resolve the matter by contacting the program section of the Office of Student Financial Assistance (OSFA) and providing documentation necessary to resolve the issue.

    117(3) Circumstances for appeal. If the applicant believes that either of the situations identified in subsection (2) of this rule was not resolved with the program section of the Office of Student Financial Assistance, the applicant may file a formal written appeal for review by the Director, Office of Student Financial Assistance, using the following procedure:

    173(a) Submit a written appeal to the Director, Office of Student Financial Assistance, Florida Department of Education, 1940 North Monroe Street, Suite 70, Tallahassee, Florida 32303-4759. The written appeal must fully describe the nature of the error the applicant believes has been made and must contain documentation which supports the applicant’s claim of eligibility to receive a state student financial aid award or to have the award transferred to another eligible institution. A copy of the notice of the applicant’s ineligibility shall be attached to the written appeal.

    261(b) The written appeal shall be postmarked within thirty (30) days of the issue date of the notice of the award denial or notice that the award was not transferred. An applicant who fails to file a timely appeal waives the right of appeal.

    305(c) The Director of the Office of Student Financial Assistance will respond to the applicant in writing within thirty (30) days of receiving the appeal.

    330(d) An applicant who wishes to appeal the decision of the Director of the Office of Student Financial Assistance may request further review by an appeals committee in accordance with subsection (4) of this rule.

    365(4) Appeals committee. If an applicant continues to believe an error has been made after receiving the Director’s response to an appeal submitted in accordance with subsection (3) of this rule, the applicant may request further review by an appeals committee. The request for committee review must be submitted to the Director of the Office of Student Financial Assistance in writing within twenty (20) days of the date of the Director’s response to the applicant’s formal written appeal. A final decision will be issued by the appeals committee within thirty (30) days of receiving the applicant’s request for an appeals committee review. The applicant will be provided a written copy of the appeals committee’s decision in the form of a final order. The decision issued by the appeals committee is final agency action.

    498Rulemaking Authority 5001001.02(1), 5011009.42(1) FS. 503Law Implemented 5051009.42 FS. 507History–New 5082-18-93, 509Amended 10-15-02.

     

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