Plans for Negotiated Rulemaking
by: Guest
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From December 12th through 14th,
discussing issues related to and determining regulations for student
financial aid will be priorities at the negotiated rulemaking meetings
to be held at the Marriott Crystal Gateway hotel in Arlington, VA.
Negotiated rulemaking is a process that allows representatives from
different groups to meet with a federal agency to discuss the texts of
proposed rules. The objective of such gatherings is to reach agreements
on regulations by consensus, rather than majority vote. If a consensus
is achieved, the group's decision is used to establish a rule. If it is
not achieved, the federal agency's normal rulemaking activities
continue.
According to its website, prior to scheduling this event,
the Department of Education's Office of Postsecondary Education
announced and held a series of four regional hearings to solicit issues
to be considered for action by the negotiating committees. Information
about these hearings was published in the Federal Register on August
18, 2006. Hearings are open to observation by the public, but typically
only committee members speak during proceedings.
Issues selected for the agenda must meet four major
criteria. First, each issue must be able to be addressed through
regulations. Secondly, solutions need to be identifiable. Thirdly,
there must be a sensible belief that the committee can reach a
consensus about each issue. And, lastly, terms proposed are expected to
be cost-effective.
Based on the aforementioned criteria, the current
tentative agenda for the upcoming conference includes several matters
pertaining to Title IV loan issues: economic hardships, the ICR formula
and family size, and actions appropriate under the HEA. The committee
will also discuss retention of disbursement records supporting MPNs,
certification of e-signatures on MPNs assigned to ED, and the use of
true and exact copies of death certificates for death discharges.
Discussion of retroactive discharges for permanently and totally
disabled borrowers, as well as lender NSLDS reporting timeframes, is on
the table, too.
Additional federal loan topics have been slated to be
addressed. One topic of interest is entrance counseling for Grad/Prof
Plus loan borrowers. Concerns about the Perkins loan, such as
assignment of defaulted loans, eligibility requirements for child and
family service cancellation, and the definition of "reasonable and
affordable" collection costs will need to be resolved, as well.
Lender and GA subjects include identify theft, prohibited
inducements, and the hot-button use of preferred lenders. Again, this
outline is not official, but as soon as it is solidified, the complete
agenda will be published on a soon-to-be launched negotiated rulemaking
website.
Negotiated rulemaking is considered advantageous for
several reasons. The process allows affected parties to voice input
directly, while rules are still being drafted. Ideally, if all those
involved in the negotiation of a rule are satisfied, the rule will go
into effect quickly.
URL
http://www.lawschoolloans.com/articles/plan-negotiated-rulemaking.php
About the Author
Student Financial Aid Regualtions,Title IV loan issues
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