Fla. Admin. Code Ann. R. 6A-20.0371 - Right to Appeal Eligibility Determination

(1) This rule applies to all state student financial assistance programs administered by the Office of Student Financial Assistance (OSFA), Florida Department of Education (the department).

(2) Actions prior to appeal. An applicant who believes that OSFA 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 OSFA and providing documentation necessary to resolve the issue.

(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 OSFA, the applicant may file a formal written appeal for review by the Director, OSFA, using the following procedure:

(a) Submit a written appeal to the Director, Office of Student Financial Assistance, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. 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.

(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.

(c) The Director of OSFA will respond to the applicant in writing within thirty (30) days of receiving the appeal.

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

(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 OSFA 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.

Notes

Fla. Admin. Code Ann. R. 6A-20.0371

Rulemaking Authority 1001.02(1), 1009.42(1) FS. Law Implemented 1009.42 FS.

New 2-18-93, Amended 10-15-02.

New 2-18-93, Amended 10-15-02.