55A-5.008: Supervisory Inspection Review
PURPOSE AND EFFECT: The proposed amendment requires FDVA’s Bureau of State Approving Agency to suspend for 60 days an educational institution from participation in GI Bill educational programs for noncompliance with Federal standards. At the end of the 60 day period, if FDVA finds that the institution has conformed its programs to the standards, then it shall lift the suspension.
SUBJECT AREA TO BE ADDRESSED: The current rule gives FDVA the discretion to impose the penalty of suspension on an educational institution for noncompliance. The current rule also gives FDVA the discretion to lift the suspension after proof of compliance within 60 days.
SPECIFIC AUTHORITY: 292.05(3) FS.
LAW IMPLEMENTED: 295.124 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: David Herman at (850)487-1533
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
55A-5.008 Supervisory Inspection Review.
(1) The Bureau shall conduct an ongoing review of institutions which have a veteran or other eligible person enrolled in an accredited or nonaccredited course or program for the purpose of determining if the approved course or program continues to meet all the conditions for approval. Supervisory and inspection visits shall be coordinated to the extent possible with the schedule of compliance surveys to be conducted by the U.S.D.V.A. in order to avoid duplication of effort. The following priorities shall be observed by the Bureau when scheduling visits:
Priority I – Reports and Visits Requested by the U.S.D.V.A.
Priority II – New Approvals
Priority III – Revision of Existing Approvals
Priority IV – Routine Supervisory Visits
(2) Following each review, the Bureau shall advise the educational institution of its findings. A copy of the inspection report shall be furnished the Secretary of Veterans’ Affairs.
(3) In any case where the Bureau determines that a course or program no longer meets the applicable standards, it shall
may suspend the educational institution for a period of 60 days during which time no new veterans may be enrolled for purposes of receiving benefits. At the end of the 60 day period, if the Bureau finds that the educational institution has conformed its courses or programs to the applicable standards, the Bureau shall may lift the suspension. If the Bureau finds the courses or programs still do not comply with the applicable standards, it shall issue a letter of disapproval to the educational institution and forward a copy of the letter to the U.S.D.V.A.
Specific Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Formerly 9H-5.08, 22S-5.08, 22S-5.008, Amended 10-30-89, 12-5-95,_______.