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Other Hearing-Related Conditions.   

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If an institution, to which a notice is addressed, refuses to accept such notice, the notice shall be deemed to be received by the institution on the date that the institution refuses to accept delivery of the notice from the United States Postal Service.

Action to resolve liability may include an order requiring payment by the institution to the CELP Official, or to designated recipients, of any funds that the institution improperly received, withheld, disbursed, or caused to be disbursed under the CELP.

Nothing in this subpart shall preclude or prohibit the CELP Official and the institution from entering into an agreement to submit to binding arbitration in lieu of the hearing Procedures contained herein.

With the approval and the consent of the CELP Official and the institution, and time schedule specified in this subpart may be shortened or extended unless the hearing has begun. After the hearing has begun, any such changes shall be solely at the Hearing Officer's discretion.

If a decision, based upon a Consent Agreement or upon a hearing or after appeal of a hearing, requires an institution to reimburse or make any other payment to the CELP Official, the CELP Official may offset these sums against any benefits or claim due to the institution.

The California Student Aid Commission's mailings and receipts shall be evidenced by original documents received from the United States Postal Service by the Commission.

Authority cited:

Education Code 69763

Reference:

United States Code, Title 20, Section 1078(b) (2)

United States Code, Title 20, Section 1078-2(a)

Code of Federal Regulations, Title 34, Section 682.401(c)(2)(ii)

Code of Federal Regulations, Title 34, Section 683.31(c)(2)(ii)

Education Code 69763

(Amended by Register 88, No. 35.)