Records, reports, inspection, and audit.
(a) Records and reports.
Each Federal capital contribution and Federal capital loan is subject to the condition that the school must maintain those records and file with the Secretary those reports relating to the operation of its nursing student loan funds as the Secretary may find necessary to carry out the purposes of the Act and these regulations. A school must submit required reports to the Secretary within 45 days of the close of the reporting period.
A school which fails to submit a required report for its Federal capital contribution fund within 45 days of the close of the reporting period:
Shall be prohibited from receiving new Federal capital contributions;
Must place the revolving fund and all subsequent collections in an insured interest-bearing account; and
May make no loan disbursements.
The above restrictions apply until the Secretary determines that the school is in compliance with the reporting requirement.
A school that fails to submit a complete report within 6 months of the close of the reporting period will be subject to termination. The Secretary will provide the school with a written notice specifying his or her intention to terminate the school's participation in the program and stating that the school may request, within 30 days of the receipt of this notice, a formal hearing. If the school requests a hearing, it must within 90 days of the receipt of the notice, submit material, factual issues in dispute to demonstrate that there is cause for a hearing. These issues must be both substantive and relevant. The hearing will be held in the Washington, DC metropolitan area. The Secretary will deny a hearing if:
The request for a hearing is untimely (ie., fails to meet the 30-day requirement);
The school does not provide a statement of material, factual issues in dispute within the 90-day required period; or
The statement of factual issues in dispute is frivolous or inconsequential.
In the event that the Secretary denies a hearing, the Secretary will send a written denial to the school setting forth the reasons for denial. If a hearing is denied, or if as a result of the hearing, termination is still determined to be necessary, the school will be terminated from participation in the program and will be required to return the Federal share of the revolving fund to the Department. A school terminated for failure to submit a complete report within 6 months of the close of the reporting period must continue to pursue collections and may reapply for participation in the program once it has submitted the overdue report.
The following student records must be retained by the school for 5 years after the individual student ceases to be a full-time or half-time student:
Approved student applications for nursing student loans;
Documentation of the financial need of applicants; and
Copy of financial aid transcripts.
The following repayment records for each individual borrower must be retained for at least 5 years from the date of retirement of a loan:
The amount and date of each loan;
The amount and date of each payment or cancellation;
Records of periods of deferment;
Date, nature, and result of each contract with the borrower or proper endorser in the collection of an overdue loan;
Copies of all correspondence to or from the borrower and endorser;
Copies of all correspondence with a collection agency related to the individual borrower;
Copies of all correspondence with a credit bureau related to an individual borrower; and
Copies of all correspondence relating to uncollectible loans which have been written off by the Federal Government or repaid by the school.
The school must also retain other records as the Secretary may prescribe. In all cases where questions have arisen as a result of a Federal audit, the records must be retained until resolution of all questions.
(b) Inspection and audit.
Any application for a Federal capital contribution will constitute the consent of the applicant school to inspection and fiscal audit, by the Secretary and the Comptroller General of the United States or any of their duly authorized representatives, of the fiscal and other records of the applicant school which relate to the Federal capital contribution or Federal capital loan.
The school must comply with the audit requirements of the Department of Health and Human Services' Administration of Grants regulations which are set forth in 45 CFR part 74.
Institutional officials who have information which indicates the potential or actual commission of fraud or other offenses against the United States, involving these loan funds, should promptly provide this information to the appropriate Regional Office of Inspector General for Investigations.
(Approved by the Office of Management and Budget under control number 0915-0047)
[50 FR 34434, Aug. 23, 1985, as amended at 53 FR 46555, Nov. 17, 1988; 56 FR 13772, Apr. 4, 1991; 57 FR 45735, Oct. 1, 1992]