Document Citation: 5 CCR 30736

Header:

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 4. CALIFORNIA STUDENT AID COMMISSION
CHAPTER 1. CALIFORNIA STUDENT AID COMMISSION
ARTICLE 15. CALIFORNIA NATIONAL GUARD EDUCATION ASSISTANCE AWARD PROGRAM


Date:
08/31/2009

Document:

ยง 30736. Failure to Comply with Applicable Laws and Regulations

(a) Except as otherwise specified in subsections (b)-(e), a program participant may be withdrawn from the program and the Commission shall not make any further payments if the program participant fails to meet the requirements for payment pursuant to the terms of the program, including:

(1) failure to maintain enrollment in at least three academic units per semester or the equivalent at a qualifying institution;

(2) failure to maintain a minimum of a 2.0 cumulative grade point average while attending a qualifying institution;

(3) loses status as a California resident;

(4) failure to submit a renewal application each academic year except if the program participant has an approved leave of absence;

(5) is in violation of the Commission regulations; or

(6) Failure to maintain active status in the California National Guard, State Military Reserve, or the Naval Militia.

(b) If a program participant is unable to maintain enrollment in at least three academic units per semester or the equivalent due to serious illness, pregnancy, other natural causes, or is called to active military duty status, the program participant shall submit a written request for a leave of absence and upon The Adjutant General's approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by The Adjutant General for a longer period of time. The Adjutant General may waive the written requirement due to state of emergency enacted or ordered by the Governor. The Commission shall make no further payments under the program until the applicable enrollment requirements specified have been satisfied and the program participant has submitted a renewal application.

(c) If a disaster prevents a program participant from maintaining enrollment, in at least three academic units per semester or the equivalent the program participant shall submit a written request for a leave of absence and upon The Adjutant General's Office approval, shall be excused from this requirement for a period not to exceed one calendar year, unless approved by The Adjutant General for a longer period of time. In a severe case of a disaster, The Adjutant General may wave the requirement for program participants to individually send in written requests for a leave of absence due to state of emergency enacted or ordered by the Governor of California. The Adjutant General may excuse participants from the enrollment requirement for a period not to exceed one calendar year, unless approved for a longer period of time. The Commission shall make no further payments under the program until the applicable enrollment requirements specified have been satisfied and the program participant has submitted a renewal application.

(d) If a program participant is unable to maintain enrollment in at least three academic units per semester or the equivalent due to reasons beyond the control of the program participant, the program participant shall submit a written request for a leave of absence and upon The Adjutant General's approval, shall be excused from this requirement for a period not to exceed one calendar year unless approved by The Adjutant General for a longer period of time. The Commission shall make no further payments under the program until the applicable enrollment requirements specified have been satisfied and the program participant has submitted a renewal application.

(e) At any point in the program, The Adjutant General may submit a list of program participants who no longer satisfy the requirements of the program to the Commission. The Commission shall make no further payments under the program and the participant shall be withdrawn.

(f) If a program participant is withdrawn, the individual may send in a written request for an administrative appeal to The Adjutant General that describes why he or she should be reinstated into the program along with supporting documentation, if applicable, showing that he or she has continually met program eligibility. If The Adjutant General determines the program participant should not have been withdrawn, the individual's program benefits shall be reinstated. The program participant will not be eligible for any benefits for awards years that are closed.