DAR File No. 29141

Regents (Board Of), Administration

R765-610

Utah Higher Education Assistance Authority Federal Family Education Loan Program, PLUS, SLS and Loan Consolidation Programs

NOTICE OF PROPOSED RULE

DAR File No.: 29141
Filed: 10/20/2006, 11:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is not needed as it only references federal law governing student loans and provides definitions which are already provided by federal programs.

Summary of the rule or change:

This rule is repealed in its entirety since it only has only references federal loans and definitions.

State statutory or constitutional authorization for this rule:

Subsection 53B-12-101(6)

Anticipated cost or savings to:

the state budget:

There are no costs nor savings to the state budget since this rule only pertains to definitions of federal student loan programs.

local governments:

There are no costs nor savings associated with the repeal of this rule for any local government entity.

other persons:

There are no costs associated with the repeal of this rule for any individual or private citizen.

Compliance costs for affected persons:

There are no compliance costs for any individual, partnership, corporation, government agency, or any other organization either public or private since this rule is merely one of definition. Any such loan program as defined in this rule is administered according to federal regulations. There are no costs associated with the repeal of this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

Upon reviewing this rule, and the repeal of this rule, I can see no fiscal impacts on any business in Utah or any State. Richard Kendell, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Regents (Board Of)
Administration
BOARD OF REGENTS BUILDING, THE GATEWAY
60 SOUTH 400 WEST
SALT LAKE CITY UT 84101-1284

Direct questions regarding this rule to:

Ronell Crossley at the above address, by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2006

This rule may become effective on:

12/22/2006

Authorized by:

Mark H. Spencer, Associate Commissioner

R765. Regents (Board of), Administration.

[R765-610. Utah Higher Education Assistance Authority Federal Family Education Loan Program, PLUS, SLS and Loan Consolidation Programs.

R765-610-1. Purpose.

To incorporate by reference all statutes, regulations and rules governing the Federal Family Education Loan Program, PLUS, SLS and Loan Consolidation programs.

 

R765-610-2. References.

2.1 Utah Code. Title 53B, Utah System of Higher Education, Chapter 12.

2.2 U.S. Congress, Title IV of the Higher Education Act of 1965, as amended, as of July 1, 2005.

2.3 U.S. Department of Education. Code of Federal Regulations, 34 CFR Parts 600, 668 and 682, as of July 1, 2005.

2.4 "Common Manual, Unified Student Loan Policy" published by Common Manual Guarantors, 2001, as of July 1, 2005.

 

R765-610-3. Definitions.

3.1 "UHEAA" means Utah Higher Education Assistance Authority.

3.2 "SLS" means Federal Supplemental Loans for Students Program.

3.3 "PLUS" means Federal PLUS Program.

3.4 "FFELP" means the Federal Family Education Loan Program. This consists of the Federal Subsidized Stafford Loan Program, the Federal Unsubsidized Stafford Loan Program, the Federal PLUS Program, the Federal Supplemental Loans for Students Program (SLS), and the Federal Loan Consolidation Program.

 

R765-610-4. Incorporation by Reference.

4.1 UHEAA, as the designated guarantor for the FFELP in the state of Utah, hereby incorporates by reference the following documents:

4.1.1 Title IV of the U.S. Higher Education Act of 1965, as amended, as of July 1, 2005.

4.1.2 U.S. Department of Education 34 CFR Parts 600, 668, and 682, as of July 1, 2005.

4.1.3 "Common Manual, Unified Student Loan Policy", published by Common Manual Guarantors, as of July 1, 2005.

 

R765-610-5. Policy.

5.1 Any action taken by UHEAA in accordance with UHEAA policies shall be performed by the Executive Director of UHEAA, or the Executive Director's designee.

5.2 UHEAA shall establish, from time to time, additional policies governing the operation of FFELP in accordance with requirements as referenced in 4.1.1, 4.1.2 and 4.1.3 of this rule. Such policies will be filed as rules in the Utah Administrative Code in accordance with the Administrative Rulemaking Act of this state as found in Title 63, Chapter 46a of the Utah Code.

5.3 Students and parents who are eligible for loans contemplated by this rule, and who wish to apply, shall be expected to comply with these rules. A copy of all federal statutes and regulations, and state rules, directly affecting FFELP, and a copy of the "Common Manual, Unified Student Loan Policy", are available for public inspection, or can be obtained from UHEAA's offices at Board of Regents Building, The Gateway, 60 South 400 West, Salt Lake City, Utah 84101.

 

KEY: higher education, student loans

Date of Enactment or Last Substantive Amendment: December 4, 2001

Notice of Continuation: January 4, 2002

Authorizing, and Implemented or Interpreted Law: 53B-12-101(6)]