Regs 101 The Sport of Student Loans - PowerPoint PPT Presentation

Loading...

PPT – Regs 101 The Sport of Student Loans PowerPoint presentation | free to view - id: 236dd8-N2VkY



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Regs 101 The Sport of Student Loans

Description:

Educational Credit Management Corporation. The regs process is like... ...the ... Where to send comments (email or snail mail) Further information contact ... – PowerPoint PPT presentation

Number of Views:34
Avg rating:3.0/5.0
Slides: 32
Provided by: kea92
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Regs 101 The Sport of Student Loans


1
Regs 101- The Sport of Student Loans
2001 NCHELP Fall Training Conference Salt Lake
City, Utah Mike Hawkes Educational Credit
Management Corporation
2
The regs process is like
the Winter Olympic sport of curling.
there are only a few people in the United States
that understand the rules.
3
What You Will Learn
  • The hierarchy of the different types of rules
  • A little bit about reauthorization
  • The regulatory process
  • How to read a Federal Register and regulations
  • Sub-regulatory guidance

4
Hierarchy
  • Some rules take precedence over others
  • Laws
  • Regs
  • Dear Colleague/Dear Partner Letters
  • Private letters
  • Verbal guidance

5
HEA Reauthorization
  • Primary law is Higher Education Act
  • Reauthorization is required each 5-6 years
  • Most recent reauthorization October 7, 1998
  • Next reauthorization? 2003-2004

6
Other Laws
  • HEA can change as a result of other laws.
  • Labor-HHS-Education appropriations bills
  • Work Incentives Improvement Act of 1999
  • Laws not directly related to FFELP can cause big
    changes.
  • E-sign law
  • Gramm-Leach-Bliley

7
The Regulatory Process
  • The bill is signed into law
  • Negotiated rulemaking begins
  • Representatives from many organizations hammer
    out regulatory language
  • Consensus means unanimity

8
The Process
  • Notice of Proposed Rulemaking (NPRM)
  • Public Comment
  • Final Rule Published

9
Identifying an NPRM
10
NPRM Elements
  • Preamble
  • List of regs in NPRM
  • Brief summary statement (why)
  • Public comment deadline
  • Where to send comments (email or snail mail)
  • Further information contact
  • Supplementary information
  • Detail
  • Rationale
  • Proposed Language

11
NPRM Sample
12
The Comment Process
  • Generally 30 60 days
  • Contact Trade Organizations
  • determine coordinate issues
  • ask for a copy of comments
  • Submit Institutional Comments
  • to ED
  • to Trade Organizations
  • ED Counts Comments!

13
The Comment Process
  • How to Comment
  • enlist participation of all appropriate segments
    of your organization
  • cite section and paragraph
  • organize by section
  • describe issue
  • be brief and to the point
  • use an analytical tone
  • suggest alternatives
  • identify aspects you support
  • provide rationale

14
Identifying a Final Rule
15
Final Rules Usual Contents
  • Preamble
  • list of all parts changed
  • brief summary of changes
  • effective date
  • may contain several
  • master calendar (November 1 rule)
  • individual to contact for further info
  • supplementary information

16
Supplementary Information
  • Background historical discussion of process
    NPRM though final

17
Supplementary Information
  • Substantive Revisions optional section
    identifying final regulations which are
    significantly different from proposed

18
Supplementary Information
  • Analysis of comments and changes
  • Summarizes comment
  • Discussion EDs agreement or disagreement
  • Change, if any, from the proposed rule

19
Final Rules Usual Contents
  • Actual regulatory language
  • complete text including context

20
Final Rules Usual Contents
  • Actual regulatory language
  • change only

21
A Word About Preambles
  • Indicator of intent
  • Expanded guidance
  • Vanishes when regulation is re-printed

22
Examining the Final Rules
  • Industry groups examine the final regulations
  • NCHELP Program Regulations Committee has a major
    role

23
Side-By-Side
24
Integrated Regulations
25
Topical Index
26
Reading A Regulation
  • C.F.R. 34
  • Part 682
  • Section .201
  • Subsection (a)
  • Paragraph (1)
  • Subparagraph (i)
  • Division (A)
  • Clause (1)

27
Reading a Reg
  • 34 CFR 682.207(b)(1)(v)(B)(2) Requires
    co-payable PLUS disbursements for checks
  • Read all Lead-Ins!

28
Reading a Reg
  • 682.207 Due Diligence in Disbursing a Loan
  • (b)(1) In disbursing a loan, a lender
  • (v) shall disburse
  • (B) in the case of a Federal PLUS Loan
  • (2) By a check from the lender that is made
    co-payable to the institution and the parent
    borrower directly to the institution.

29
Pitfalls
  • Be Sure To Read
  • all lead ins
  • entire section and
  • cross references
  • Pay Attention
  • May vs. Shall
  • And vs. Or
  • Notwithstanding

30
Subregulatory Guidance
  • DCLs
  • provide operational guidance
  • summarize law changes
  • provide interim guidance
  • DCLs formally distributed to community
  • Private Letter issued to individual or entity

31
You Can Stay AFLOAT!
About PowerShow.com