Current through Register Vol. 42, No. 5, February 29, 2024
(1) The
review will enable the reviewer to express an opinion of the administrative
controls and the compliance aspects of the Alabama National Guard Educational
Assistance Program at the Alabama Military Department or the approved
institution.
(2) The primary
objectives identified for the reviewer conducting reviews are:
(a) To determine whether the department's or
institution's reports present information accurately and in conformity with the
Alabama National Guard Educational Assistance Program Regulations, and whether
all reports are prepared on a consistent basis from one period to the
next;
(b) To determine whether the
department or institution has implemented, and is utilizing, reasonable
procedures and interval controls for effectively discharging management
responsibilities and for adequately protecting the State's interest;
(c) To review departmental or institutional
records and report on areas of noncompliance; and
(d) Based upon the review, to provide
constructive recommendations to the department or to the institution.
(3) The Alabama Military
Department and the institution shall make all records and information relative
to the Alabama National Guard Educational Assistance Program available to the
reviewer.
(4) A written report
shall be provided by the reviewer to the department or the institution and
shall include:
(a) Any findings of
inaccuracies in departmental or institutional reports;
(b) Any inconsistencies in departmental or
institutional reports;
(c)
Conclusions regarding the adequacy of administrative controls;
(d) Any areas of noncompliance; and
(e) Recommendations for
improvement.
(5) If the
department or approved institution does not concur with all items in the
written review report, a written appeal should be submitted to the executive
director of the Alabama Commission on Higher Education.
(6) When an institutional review reveals
sufficient problems pertaining to the Alabama National Guard Educational
Assistance Program at an institution, the executive director of the Alabama
Commission on Higher Education may:
(a) Impose
a temporary suspension of grant payments to the eligible institution;
(b) Suspend the institution from
participation in the Alabama National Guard Educational Assistance Program for
an indefinite period of time;
(c)
Demand payment of any Alabama National Guard Educational Assistance Program
funds to a student or repayment of funds to the State of Alabama to remedy a
violation of applicable laws, regulations, agreements, or operating procedures;
or
(d) Refer any problem to the
Attorney General of the State of Alabama for appropriate legal
action.
(7) A suspended
institution may request a hearing by the Alabama Commission on Higher
Education. The institution shall be notified in writing of the time and place
of such Alabama Commission on Higher Education hearing.
(8) After such hearing, the Alabama
Commission on Higher Education shall determine (at an official meeting of the
Commission) whether to:
(a) Continue the
suspension pending the receipt of any additional information the Commission may
require;
(b) Continue the executive
director's suspension subject to limitation or exceptions;
(c) Revoke or lift the suspension and restore
the institution or academic program to full participation as authorized under
the regulations;
(d) Terminate the
institution's eligibility for an indefinite period of time;
(e) Demand payment of any Alabama National
Guard Educational Assistance Program funds to a student or repayment of funds
to the State of Alabama to remedy a violation of applicable laws, regulations,
agreements, or operating procedures; or
(f) Take any other appropriate action the
Alabama Commission on Higher Education deems necessary, including referral to
the Attorney General of the State of Alabama for appropriate legal action.
Author:
Statutory Authority:
Code of Ala.
1975, §§
31-10-1,
et seq.
