No. 36272 (Repeal): Rule R765-607. Utah Higher Education Tuition Assistance Program

(Repeal)

DAR File No.: 36272
Filed: 05/22/2012 04:49:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

By action of the Board of Regents on 05/18/2012, the Regents' rule for this program was repealed to conform with the repeal of this program by the 2012 Utah State Legislature in the General Session. The legislature passed H.B. 285 repealing this grant program and the governor signed the law on 03/20/2012. Thus, the reason for repealing Rule R765-607.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 53B-7-502

Anticipated cost or savings to:

the state budget:

The current year appropriation of $36,200 may be reflected as a savings in future budgets unless the legislature provides increased funding to any other need-based grant or scholarship program.

local governments:

There are no associated costs to local governments in this program. Repealing this program will have no effect to local government budgets.

small businesses:

This program and its repeal has no effect on small businesses since the program is restricted to higher education students.

persons other than small businesses, businesses, or local governmental entities:

Repealing this rule is required by H.B. 285 from the 2012 legislative general session. Students will no longer be able to receive funds from this grant but may still apply for other state grants that could possibly have increased funding as a result of the repeal of the Utah Tuition Assistance Program.

Compliance costs for affected persons:

There are no compliance costs associated with this action for any person as this rule is being repealed.

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

There are no fiscal impact to businesses by the repeal of this rule.

William Sederburg, 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 [e-mail]

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:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

William Sederburg, Commissioner

RULE TEXT

R765. Regents (Board of), Administration.

[R765-607. Utah Higher Education Tuition Assistance Program.

R765-607-1. Purpose.

To provide Utah Higher Education Assistance Authority ("UHEAA") policy and procedures for implementing the Utah Higher Education Tuition Assistance Program ("UTAP," or "program").

 

R765-607-2. References.

2.1. Utah Code. Title 53B, Utah System of Higher Education, Chapter 7, Part 5 (Utah Higher Education Tuition Assistance Program).

2.2. State Board of Regents Policy R601, Board of Directors of the Utah Higher Education Assistance Authority.

2.3. Utah Code Title 53B, Chapter 8-102, Definition of Resident Student.

2.4. Utah Code Title 53B, Chapter 8-106, Resident Tuition - Requirements - Rules.

2.5. State Board of Regents Policy R512, Determination of Resident Status.

 

R765-607-3. Effective Date.

These policies and procedures are effective June 21, 2007.

 

R765-607-4. Policy.

4.1. Program Description - UTAP is a need-based grant program to provide need-based grants at the community colleges and at centers of the Utah State University. The Program recognizes "that tuition and general fee costs to students at Utah community colleges and established branch campuses and centers represent significant challenges for many of the students they serve". Program funds may be used only for need-based grants to students attending higher education institutions as provided herein.

4.2. Program Administration - The Board of Regents has delegated to the UHEAA Board of Directors the authority to govern UTAP on behalf of the Board of Regents. The program is administered by the Associate Commissioner for Student Financial Aid as Executive Director of UHEAA, reporting to the Commissioner of Higher Education.

4.3. Institutions Eligible to Participate - Eligible institutions include Snow College, Dixie State College, the College of Eastern Utah, Utah Valley State College, Salt Lake Community College, and Utah State University on behalf of its off-campus centers.

4.4. Students Eligible to Receive UTAP Grants - To be eligible to receive a need-based grant funded by UTAP, a student must:

4.4.1. Be a resident student of the State Of Utah under Utah Code Section 53B-8-102 and Board Policy R512 or exempt from paying the nonresident portion of total tuition under Utah Code Section 53B-8-106. For purposes of this section, in addition to the qualification methods set forth in Policy R512, an institution may recognize a student, other than a nonimmigrant alien, as a resident student of the State of Utah if the student graduated from a Utah high school within 12 months of enrolling in the institution.

4.4.2. Be unconditionally admitted and currently enrolled in a degree, diploma, or certificate program at the community college entity (specific campus or extension of the specific campus) for which the UTAP grant fund is established, or at a branch campus or center of Utah State University for receipt of a grant from the University's UTAP grant fund.

4.4.3. Be in the first term of the student's enrollment at the institution or be maintaining satisfactory progress, as defined by the institution, toward the degree, diploma, or certificate objective in which enrolled.

4.4.4. Meet all requirements of general eligibility for Federal Higher Education Act Part IV Student Financial Aid Programs, as defined in applicable U. S. Department of Education Regulations and the current edition of the Department of Education Student Aid Handbook.

4.4.5. Have a demonstrated need for financial assistance based on the defined Cost of Attendance for the applicable student category at the institution and the expected family contribution as determined by the Federal need analysis process for Higher Education Act Title IV student financial assistance programs.

4.5. Initial Allocation of Appropriated Funds - Money appropriated to the program for a specific fiscal year, plus any remaining balance at the end of the preceding fiscal year, shall be allocated to eligible institutions as follows:

4.5.1. Fifty percent of the amount available for allocation each fiscal year shall be allocated in equal proportions to:

4.5.1.1. Snow College, for its main campus and extensions;

4.5.1.2. Dixie State College, for its main campus and extensions;

4.5.1.3. College of Eastern Utah, for its main campus and extensions of the main campus;

4.5.1.4. College of Eastern Utah, for its San Juan Campus and extensions of the San Juan Campus;

4.5.1.5. Utah Valley State College, for its main campus and extensions;

4.5.1.6. Salt Lake Community College, for its Taylorsville Campus and extensions of the Taylorsville Campus; and

4.5.1.7. Salt Lake Community College, for its South City Campus and extensions of the South City Campus.

4.5.2. Fifty percent of the amount available for allocation each fiscal year shall be allocated to the Utah State University for its instructional centers at Roosevelt, Blanding, Randolph, Price, Moab, Brigham City, Tooele, Richfield, and Ephraim, and such other centers as UHEAA may determine.

4.5.3. Individual Award Limits -- The total amount of any UTAP grant award to an eligible student in an award year will not exceed $2,500, and the minimum UTAP grant award to an eligible student will be $250, except that:

4.5.3.1. The minimum amount may be the amount of funds remaining in the institution's allotment for the award year in the case of the last eligible student receiving a UTAP grant award for the year; and

4.5.3.2. An eligible student whose period of enrollment is less than the normally-expected period of enrollment within the award year (such as two semesters, three quarters, nine months, or 900 clock hours) will be awarded a minimum or maximum amount in proportion to the portion of the normally-expected period of enrollment represented by the quarter(s), semester(s), or other defined term for which the student is enrolled.

4.6. Institution Participation Agreement -- Participating institutions shall provide a statement that the institution agrees to maintain appropriate financial records, and records regarding the determination of grant awards to qualifying students, and to make such records available upon request for review by UHEAA or State Board of Regents officers or auditors for a period of three years after the applicable transaction dates.

4.6.1. Program Rosters -- Each eligible institution shall, at the conclusion of the awarding cycle, no later than 30 days after the end of the fiscal year, provide UHEAA with a roster of the eligible students who received funds.

4.7. Three Years to Use Allocations -- An eligible institution which receives funds in a fiscal year shall have that fiscal year and the two following fiscal years to award the funds to eligible students. If, by the end of the three-year period, the funds from the first fiscal year have not been awarded to eligible students, the funds shall be returned to the pool of program money available for allocation for the following fiscal year.

4.8. Investment of Program Funds - Funds appropriated for the program shall be invested by UHEAA with the State Treasurer's Public Treasurer Investment Fund, and interest earned prior to disbursement for qualifying proposals shall be retained in the program fund and added to the pool available for allocation in the following fiscal year.

4.9. Disbursement of Funds - UHEAA shall promptly disburse the allocated funds to the institution as soon after July 1 of each Fiscal Year as the funds become available for disbursement.

 

KEY: financial aid, higher education

Date of Enactment or Last Substantive Amendment: August 22, 2007

Notice of Continuation: February 8, 2008

Authorizing, and Implemented or Interpreted Law: 53B-7-501; 53B-7-502]

 

---