Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 13B, 164A.700-164A.709
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
164A.704(1) requires the
board to promulgate administrative regulations, set fees, and adopt procedures
to implement
KRS
164A.700 to
164A.709.
KRS
164A.704(6) provides that
the board shall develop requirements, procedures, and guidelines regarding
prepaid tuition contracts. 2003 Ky. Acts ch. 156, Part IX, Section 46, and EO
2003-652 transferred the governance and administration of the Prepaid Tuition
Program from the Department of Treasury to the Kentucky Higher Education
Assistance Authority. This administrative regulation establishes the grievance
procedure for interested parties to request review of a decision by the office
relating to a prepaid tuition contract.
Section
1. Request for Review.
(1) A
purchaser, beneficiary, or related party affected by a decision of the office
may request review of the decision by the board, which shall make a
determination regarding the claim. The request shall be submitted in writing to
the board and shall include the following information:
(a) Name and address of person requesting
relief;
(b) Specific nature of
relief requested;
(c) Name,
address, and Social Security or tax identification number of the purchaser and
beneficiary involved;
(d) Prepaid
tuition contract number;
(e) Date
of request;
(f) Each statute or
administrative regulation involved; and the
(g) Notarized signature of the person
requesting relief.
(2)
The board shall suspend the payment of benefits under the prepaid tuition
contract upon receipt of a request for review, if requested by the purchaser,
beneficiary or related party.
(3)
The board shall inform the purchaser, beneficiary, and related parties of the
board's decision in writing by certified mail citing all applicable terms and
conditions of the prepaid tuition contract, applicable administrative
regulations, and other applicable statutes upon which the board's decision was
based. The board's decision shall be made no later than 120 days following
receipt of the request for review.
Section 2. Request for Administrative
Hearing.
(1) A claim that is denied by the
board may be appealed by the affected party within sixty (60) days of the date
of claim denial by the board. The appeal shall be submitted in writing to the
board.
(2) Upon receipt of a
request for an administrative hearing, the board shall set the date, time, and
place of the hearing and forthwith notify the individual by regular U.S.
mail.
(3) An administrative hearing
conducted pursuant to this section shall be held in accordance with KRS Chapter
13B.
STATUTORY AUTHORITY:
KRS 164A.704(1),
(6), 2003 Ky. Acts ch. 156, Part IX, Sec. 46,
EO 2003-652
