45 CFR 2526.30 - How do convictions for the possession or sale of controlled substances affect an education award recipient's ability to use that award?
(a) Except as provided in paragraph (b) of this section, a recipient of an education award who is convicted under pertinent Federal or State law of the possession or sale of a controlled substance is not eligible to use his or her education award from the date of the conviction until the end of a specified time period, which is determined based on the type of conviction as follows:
(iii) For a third or subsequent conviction, indefinitely, as determined by the Corporation according to the following factors—
(I) Recommendations from community members and local officials, including experts in substance abuse and treatment; and
(ii) Two years plus such additional time as the Corporation determines as appropriate for second and subsequent convictions, based on the factors set forth in paragraphs (a)(1)(iii) (A) through (J) of this section.
(1) If the Corporation determines that an individual who has had his or her eligibility to use the education award suspended pursuant to paragraph (a) of this section has successfully completed a legitimate drug rehabilitation program, or in the case of a first conviction that the individual has enrolled in a legitimate drug rehabilitation program, the individual's eligibility to use the education award will be restored.
(2) In order for the Corporation to determine that the requirements of paragraph (b)(1) of this section have been met—
(i) The drug rehabilitation program must be recognized as legitimate by appropriate Federal, State or local authorities; and
(ii) The individual's enrollment in or successful completion of the legitimate drug rehabilitation program must be certified by an appropriate official of that program.
[59 FR 30711, June 15, 1994. Redesignated at 64 FR 37415, July 12, 1999]
Title 45 published on 2012-10-01
no entries appear in the Federal Register after this date.