ESC-12-09-00005-P Veterans Tuition Awards Program  

  • 3/25/09 N.Y. St. Reg. ESC-12-09-00005-P
    NEW YORK STATE REGISTER
    VOLUME XXXI, ISSUE 12
    March 25, 2009
    RULE MAKING ACTIVITIES
    HIGHER EDUCATION SERVICES CORPORATION
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. ESC-12-09-00005-P
    Veterans Tuition Awards Program
    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 repeal section 2201.3 of Title 8 NYCRR.
    Statutory authority:
    Education Law, section 669-a
    Subject:
    Veterans Tuition Awards Program.
    Purpose:
    The rule conforms existing regulation with amendments to Education Law section 669-a.
    Text of proposed rule:
    Section 2201.3 of Title 8 of the New York Code, Rules and Regulations is repealed.
    Text of proposed rule and any required statements and analyses may be obtained from:
    George M. Kazanjian, NYS Higher Education Services Corporation, 99 Washington Avenue, Room 1350, Albany, New York 12255, (518) 473-1581, email: regcomments@hesc.com
    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 paragraph (b) of subdivision (1) of section 202 of the State Administrative Procedure Act and in support of New York State Higher Education Services Corporation's (HESC) Notice of Proposed Rule Making seeking to repeal section 2201.3 of 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 no person is likely to object to the adoption of this proposed consensus rulemaking.
    Section 669-a of the Education Law was amended by Chapter 57 of the Laws of 2008 to expand eligibility for combat veterans residing in New York State. Education Law § 669-a now provides comprehensive program details such as new and higher award amounts, designation of non-duplicative awards, pro rata amounts for part time study, and the effective date of applications. Due to the detail of the statute, HESC has determined that the current regulatory provisions are unnecessary and should be repealed.
    Repealing section 2201.3 of 8 NYCRR would have no negative effects on present, past or future recipients.
    HESC has determined that this consensus rulemaking would eliminate duplicative language, and that the statute provides specificity such that regulatory provisions are unnecessary, this action will have no negative effects on present, past or future recipients, no one is like to object to this proposed consensus rule.
    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 New York State Higher Education Services Corporation's "Notice of Proposed Rule Making" seeking to repeal section 2201.3 of 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 will not have any adverse impact on jobs or employment opportunities. The proposal repeals a regulation whose language duplicates statutory language. In addition, legislative revisions have made the current statute specific enough that the existing regulation has become unnecessary for the administration of the Veterans Tuition Awards Program.

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