PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 2202.3 of Title 8 NYCRR. This rule is proposed pursuant to [SAPA § 207(3)], 5-year Review of Existing Rules.
Statutory authority:
Education Law, sections 653, 655, 661 and 663
Subject:
Adjustments to income.
Purpose:
To delete incorrect references.
Text of proposed rule:
Subdivision (d) of section 2202.3 is amended to read as follows:
(d) For the purposes of subdivisions (a) and (b) of this section, eligible attendance shall be full-time matriculated attendance in a program of post-secondary study which is approved for receipt of Federal[-guaranteed] student loans[, State-guaranteed student loans] or Federal basic educational opportunity grant program awards, except for institutions, such as military academies, where no student charges for tuition, or room and board are made.
Text of proposed rule and any required statements and analyses may be obtained from:
Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 Washington Avenue, Room 1325, Albany, New York 12255, (518) 474-5592, email: regcomments@hesc.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This statement is being submitted pursuant to subparagraph (i) of paragraph (b) of subdivision (1) of section 202 of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (HESC) Notice of Proposed Rule Making seeking to amend section 2202.3 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
It is apparent from the nature and purpose of this rule that no person is likely to object to the adoption of the rule as written. Section 2202.3(d) provides for adjustments to income for students enrolled in a program of post-secondary study which is approved for the receipt of Federal-guaranteed student loans or State-guaranteed student loans. Pursuant to federal law, the origination of Federal-guaranteed student loans ceased as of July 1, 2010 and all loans are made under the Federal Direct Student Loan program. As a result, the reference to Federal-guaranteed student loans is outdated. This rule corrects this reference. In addition, the statute does not provide for State student loans. Therefore, this rule deletes this incorrect reference.
Consistent with the definition of “consensus rule”, as set forth in section 102(11) of the State Administrative Procedure Act, HESC has determined that this proposal, which deletes two incorrect references, is non-controversial and, therefore, no person is likely to object to its adoption.
Reasoned Justification for Modification of the Rule
This statement is being submitted pursuant to subdivision (3) of section 207 of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (HESC) Notice of Proposed Rule Making seeking to amend section 2202.3 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
Section 2202.3(d) provides for adjustments to income for students enrolled in a program of post-secondary study which is approved for the receipt of Federal-guaranteed student loans or State-guaranteed student loans. Pursuant to federal law, the origination of Federal-guaranteed student loans ceased as of July 1, 2010 and all loans are made under the Federal Direct Student Loan program. As a result, the reference to Federal-guaranteed student loans is outdated. This rule corrects this reference. In addition, the statute does not provide for State student loans. Therefore, this rule deletes this incorrect reference.
Job Impact Statement
This statement is being submitted pursuant to subdivision (2) of section 201-a of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (Corporation) Notice of Proposed Rulemaking seeking to amend section 2201.10 to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
It is apparent from the nature and purpose of this rule that it has no impact on jobs and employment opportunities. This rule deletes an outdated and incorrect reference to Federal-guaranteed student loans, which are no longer originated. This rule also deletes an incorrect reference to State-guaranteed student loans.
The Corporation has determined that this rule will have no substantial adverse impact on any private or public sector jobs or employment opportunities and therefore a full Job Impact Statement is not necessary.
