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<regulation prefix="Regulation" num=".15" citation="COMAR 13B.08.10.15" title_num="13B" subtitle_num="08" chapter_num="10" heading="Appeals of Eligibility Decisions.">
  <paragraph num="A.">
    <text>An EA or GA Grant applicant or recipient may appeal an award eligibility decision, and OSFA may grant or deny an appeal of eligibility, pursuant to this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Appeals of Full-time Status.</text>
    <paragraph num="(1)">
      <text>The applicant or recipient may appeal a determination that the applicant or recipient is not enrolled full-time.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To be considered full-time, the actual time spent in the classroom, lab, supervised activity, or clinic shall equal at least 180 clock hours in a regular semester.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An applicant or recipient enrolled for at least 6 credit hours, but fewer than 12 credit hours, may appeal on the basis that the individual is participating in a specific course or activity (such as an internship or a practicum) that is required by the institution to complete the academic program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Appeals to Receive Fifth or Third Year Awards. A student may appeal to hold an award for an additional year on the basis that:</text>
    <paragraph num="(1)">
      <text>In the case of baccalaureate programs, the institution confirms that the student is enrolled in an academic program that requires 5 years to complete; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The student provides to OSFA evidence of extenuating financial, academic, or other circumstances that prevent the student from completing the academic program in 4 years for a baccalaureate program, or 2 years for an associate degree program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Appeals Based Upon Special Financial Circumstances. Subject to the availability of funds, OSFA shall make adjustments, as follows, based upon adequate documentation, that the student has experienced special financial circumstances that directly reduce the family contribution:</text>
    <paragraph num="(1)">
      <text>If the student's parent or spouse dies on or after January 1 of the of the corresponding award year, OSFA shall adjust the FAFSA income information to exclude the income of the parent(s) or spouse affected;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the student or the student's parents divorce or separate on or after January 1 of the corresponding award year, OSFA shall adjust the FAFSA income information to exclude the income of the parent or spouse affected;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the student, student's parent, if dependent, or student's spouse, if the student is married and independent, becomes completely or involuntarily unemployed for at least 10 consecutive weeks in the prior or current year, OSFA shall calculate the student's family contribution and total family income using an estimated income for the current calendar year; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the student or the student's parent loses, as a result of the student reaching the age of majority, benefits from Social Security, TANF, or child support, OSFA shall calculate the student's family contribution and total family income using an estimated income for the current calendar year.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Appeals of GA Grant Eligibility. A GA applicant or recipient may appeal an eligibility determination, in addition to the other grounds set forth in this regulation, on the grounds that the applicant or recipient:</text>
    <paragraph num="(1)">
      <text>Did not complete high school or did not attain an unweighted grade point average of at least 2.5 on a 4.0 scale or its equivalent at the end of the first semester of the senior year in high school due to evidence of extenuating circumstances satisfactory to the Office;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Did not begin college within 1 year of high school graduation or GED attainment due to extenuating circumstances, if demonstrated by evidence satisfactory to the Office;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is a renewal student who no longer is eligible for the GA Grant program because the applicant’s annual family income rises above the 150 percent poverty level; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Did not complete the FAFSA or MSFAA by the March 1 deadline due to extenuating circumstances, if demonstrated by evidence satisfactory to the Office.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Appeals of Credit Completion Requirement. A student who has received an EEA grant for at least 2 academic years and fails to complete at least 24 credits in the prior academic year may appeal an eligibility decision on the basis that:</text>
    <paragraph num="(1)">
      <text>The student completed at least 18 credit hours in the prior academic year and participated in a specific course or activity, such as an internship, practicum, or study abroad program, that is required by the institution to complete the student’s academic program and that, when combined with the 18 credit hours, is the equivalent of 24 credit hours in OSFA’s determination; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The student is an individual with disabilities who completed fewer than 24 credit hours due to a disability.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Appeal Procedures.</text>
    <paragraph num="(1)">
      <text>An individual shall file an appeal under this regulation by submitting to OSFA a completed appeal form prescribed by OSFA.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In addition to the appeal form, the individual shall submit to OSFA the following documentation:</text>
      <paragraph num="(a)">
        <text>If the appeal is of an ineligibility decision due to the student’s lack of full-time status, documentation from the student’s department chair describing:</text>
        <paragraph num="(i)">
          <text>The program requirements for that semester;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The catalog summary of the program and classes; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The number of clock hours required for the student’s activity;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>If the appeal is based upon requiring a fifth year to complete a baccalaureate program, or a third year to complete an associate degree program, documentation, as applicable, consisting of a death certificate, or statement from an attending physician, psychologist, mental health professional, guidance counselor, social worker, or the Dean of Students or other officer at the student's institution confirming the:</text>
        <paragraph num="(i)">
          <text>Serious illness or injury of the student;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Serious illness of a member of the student's immediate family;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Serious emotional difficulties of the student;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Death of a member of the student's immediate family;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Existence of other serious personal circumstances; or</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The institution’s confirmation that the student’s baccalaureate program requires a fifth year to complete;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>If the appeal is based upon special financial circumstances, copies, as applicable, of a death certificate, separation agreement or divorce decree, notice of job termination or layoff, federal tax returns and W-2 forms, termination notices, or unemployment benefits from relevant agencies;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If the appeal is based upon the student not meeting the required GPA in his or her senior year of high school:</text>
        <paragraph num="(i)">
          <text>A letter from the student explaining the extenuating circumstances that caused the student not to obtain the required GPA;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>An unofficial transcript to verify the student’s GPA;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Supporting documentation describing the circumstances that prohibited the student from obtaining the required GPA; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A letter of recommendation from the student’s high school principal;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>If the appeal is from an applicant who was deemed ineligible for not beginning college within 1 year of high school graduation or GED attainment:</text>
        <paragraph num="(i)">
          <text>A letter from the student explaining the extenuating circumstances that caused the student to not begin college within 1 year of high school graduation or GED attainment; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A letter of reference from an employer, teacher, or organization that the applicant is affiliated with describing the applicant’s commitment to attending college and earning a degree;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>If the appeal is from a student who was found to be no longer eligible for the GA program because the student’s annual family income rises above 150 percent of the poverty level, supporting documentation identifying the change in income level that resulted in the family income exceeding the 150 percent poverty threshold and extenuating circumstances demonstrating why the income should be omitted from the award calculation;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>If the appeal is from a student who did not file the FAFSA or MSFAA by March 1 due to extenuating circumstances, a letter from the student explaining the extenuating circumstances that caused the student to miss the deadline;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>If the appeal is of a determination that the student failed to complete 24 credit hours in the prior academic year:</text>
        <paragraph num="(i)">
          <text>A letter from the student’s department chair that describes and confirms the program requirements for the applicable semester and describes the number of clock hours required for each activity, along with a catalog description of the program and classes involved; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Documentation from the student’s medical doctor that confirms that the student is an individual with disabilities, and that the student completed fewer than 24 credits due to disability; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(i)">
        <text>If the individual appeals a determination that an individual failed to complete high school:</text>
        <paragraph num="(i)">
          <text>A letter to OSFA documenting the extenuating circumstance that prevented the student from graduating high school;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A copy of the student’s high school transcript;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>If applicable, a copy of the student’s GED; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A letter of recommendation from the recipient’s high school principal.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Adjustment of Awards. Subject to the availability of funds, the following adjustment of awards shall be made for appeals that are granted:</text>
      <paragraph num="(a)">
        <text>If an appeal is granted prior to awards being made for the upcoming year, the student's amount of an award shall be based upon the information provided in connection with the appeal;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the student has not been awarded an award and submits the appeal after awards has been made for the upcoming year and the appeal is granted, the student shall be placed on the waiting list for an award;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If the student already has been awarded an award and submits an appeal and the appeal is granted, the student shall be placed on a waiting list for any additional funds for which the student may be eligible; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If a student’s appeal based upon 12-credit-hour equivalency is granted, the student shall receive 75 percent of the original award if enrolled in 9 to 11 credits, and 50 percent of the original award if enrolled for 6 to 9 credits.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Upon receipt of a completed appeal, the documentation shall be reviewed and a decision rendered by OSFA within 45 days, and the student shall be notified in writing of the outcome.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>OSFA’s grant or denial of an appeal under this regulation is final and not subject to further administrative or judicial review.</text>
  </paragraph>
</regulation>