Postsecondary Education Commission

3 Barrell Court, Suite 300

Concord, New Hampshire 03301-8543

Tel. No. (603)  271-2555

 

CHAPTER Pos 100  ORGANIZATIONAL STATEMENTS

 

PART Pos 101  DEFINITIONS

 

          Pos 101.01  "Commission" means the postsecondary education commission established by RSA 188-D.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6397, eff 12-16-96

 

          Pos 101.02  "Executive director" means the chief executive officer of the commission.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6397, eff 12-16-96

 

PART Pos 102  DESCRIPTION OF THE COMMISSION

 

          Pos 102.01  Duties and Powers of the Commission.  The commission:

 

          (a)  Pursuant to RSA 188-D:1, conducts studies of postsecondary education in the state and prepares and keeps current plans designed to:

 

(1)  Avoid duplication; and

 

(2)  Make effective use of the state's resources.

 

          (b)  Reviews the plans for incorporation of any proposed institution of higher education and approves or disapproves of such plans pursuant to RSA 292:8-c - f.

 

          (c)  Advises the legislature concerning planning and coordinating higher education including the granting of degrees pursuant to RSA 188-D:8, I.

 

          (d)  Specifies the degrees an institution shall grant.

 

          (e)  Renews, for a set term of years, degree-granting authority granted by the legislature, except those institutions exempted by RSA 292:8-h, I pursuant to RSA 292:8-b, III.

 

          (f)  Conducts periodic re-evaluations of educational institutions under its jurisdiction pursuant to RSA 292:8-ff, I.

 

          (g)  Conducts special re-evaluations of any educational institution under its jurisdiction if:

 

(1)  The institution is:

 

a.  Sold;

 

b.  Transferred to; or

 

c.  Merged with another entity.

 

(2)  There is, pursuant to RSA 292:8-ff, II, a substantial change in the governance of the institution including, but not limited to the following:

 

a.  A 50% change in the composition of the governing board within a one year period;

 

b.  Changes in the operational procedures of the board which would affect the mission, character, or quality of the institution; or

 

c.  The board is replaced or subsumed by another governing body.

 

          (h)  Suspends or revokes the degree-granting authority of any institution which no longer meets the standards established by rules under RSA 188-D:8-a pursuant to RSA 292:8-ff, III.

 

          (i)  Evaluates the plans of any institution which has not conducted regular instruction for 3 consecutive years and whose charter has not been repealed in the same manner, as required by RSA 292:8-f, before that institution can announce a resumption of instruction.

 

          (j)  Evaluates a particular degree which any institution has not awarded for 4 years prior to renewed awarding of that degree pursuant to RSA 292:8-ff, V.

 

          (k)  Exercises authority over branches of out-of-state institutions operating in New Hampshire.  Plans for such branch, branches or extension courses are required to be submitted to the commission for approval prior to being offered pursuant to RSA 186:13-b.

 

          (l)  Works with the New Hampshire members of the New England board of higher education and of other interstate agencies, as funding and staff permits pursuant to RSA 188-D:8, III.

 

          (m)  Assumes responsibilities allocated to it under Public Law 92-318 and other federal programs within its jurisdiction pursuant to RSA 188-D:8, VII.

 

          (n)  Preserves the academic records of institutions of higher education, which either temporarily or permanently cease instruction, whether or not the corporation is dissolved, and provides transcripts of such academic records as requested pursuant to RSA 292:8-kk.

 

          (o)  Regulates private trade, commercial, correspondence schools and correspondence school representatives pursuant to RSA 188- D:19-28.

 

          (p)  Appoints an ad hoc hearings board which holds hearings and makes recommendations to the commission.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6397, eff 12-16-96

 

          Pos 102.02  Programs Administered by the Commission.  The commission administers the following programs:

 

          (a)  New Hampshire incentive program established by 188-D:10-13, which provides grants to financially needy undergraduate residents of the state attending eligible postsecondary institutions.

 

          (b)  The NH veterinary/medical education loan program which made tuition loans to students enrolled under RSA 200-J pursuant to RSA 200-I.  The commission administers the repayment of the loans made under this program.

 

          (c)  The NH veterinary/medical/optometric education program which provides seats, under contracts negotiated by the commission on behalf of the governor, in Dartmouth medical school, certain schools of veterinary medicine and the New England School of Optometry pursuant to RSA 188-D:9-a and RSA 200-J.

 

          (d)  The NH nursing scholarship program pursuant to RSA 188-D:14, which provides financial assistance to qualified individuals to attend nursing programs approved by the commission for:

 

(1)  Basic training in professional nursing in New Hampshire institutions;

 

(2)  Practical nursing training in New Hampshire institutions; or

 

(3)  Graduate courses in nursing.

 

          (e)  The war orphans scholarship program, pursuant to RSA 193:20-22, which provides financial assistance and tuition waivers at state institutions to children of a parent(s) who served in the armed services of the United States:

 

(1)  During the periods:

 

a.  From April 6, 1917 to July 2, 1921;

 

b.  From December 7, 1941 to December 31, 1946;

 

c.  From June 25, 1950 to July 27, 1953; or

 

d.  From the initiation of American involvement in the southeast Asian conflict to the final date of the American withdrawal from that area as certified by the Veterans Administration; and

 

(2)  Who having since died from service connected disability so rated by the federal government; and

 

(3)  Who having been at time of death legal residents of the state.

 

          (f)  The out-of-state students incentive program pursuant to RSA 188-D:29-32; which provides grants to colleges or non-profit associations of colleges which:

 

(1)  Match state funds; and

 

(2)  Utilize the total funds to recruit out-of-state students to New Hampshire colleges.

 

          (g)  The NH leveraged incentive grant program pursuant to RSA 188-D:33-35, which provides grants to New Hampshire colleges which:

 

(1)  Match the grants with funds from private sources; and

 

(2)  Award scholarships to New Hampshire residents who have completed their freshman year.

 

          (h)  The nursing leveraged scholarship loan program pursuant to RSA 188-D:18-a; which provides grants to New Hampshire schools of nursing which:

 

(1)  Match the grants with funds from private sources; and

 

(2)  Award scholarships to New Hampshire residents pursuing nursing studies on a full or part-time basis.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6397, eff 12-16-96

 

          Pos 102.03  Organization.

 

          (a)  The commission is a separate agency of the executive branch of the government of the state of New Hampshire.

 

          (b)  Executive authority is vested in the executive director including the appointing authority described in RSA 188-D:4.

 

          (c)  The commission is composed of 22 members appointed as described in RSA 188-D.

 

          (d)  The chair and vice-chair are elected for one year terms at the September meeting of the commission.

 

          (e)  The executive director serves as secretary-treasurer of the commission.

 

          (f)  The executive committee consists of the chair, the vice-chair and 3 members of the commission, each to serve for one year, re-election permitted, composed as follows:

 

(1)  One representative of a 4 year public institution;

 

(2)  One representative of a 4 year private institution;

 

(3)  One representative of a 2 year public institution;

 

(4)  One representative of a 2 year private institution; and

 

(5)  One representative of the lay public.

 

          (g)  The executive committee acts as a committee to make recommendations to the full commission:

 

(1)  In the preparation of the budget;

 

(2)  In the review of the applications for federal funds when appropriate;

 

(3)  In the selection of members on evaluating committees; and

 

(4)  For the commission in emergency situations.

 

          (h)  The executive committee reports any recommendation it makes at the next regular meeting of the commission, and such recommendation is subject to ratification by the commission.

 

          (i)  The nominating committee:

 

(1)  Consists of 3 members elected by the commission;

 

(2)  Submits its recommendations for officers of the commission and for the election of such other officials as the commission shall determine; and

 

(3)  Fills any vacancy that shall occur on the executive committee.

 

          (j)  Commission meetings are held monthly, at the call of the chair, or at the written request of any five members.

 

          (k)  Commission elections are conducted at the September meeting.

 

          (l)  A majority of the commission members constitutes a quorum.  The number of members which constitutes a majority depends upon the number of members who have been appointed at the time of each meeting.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6397, eff 12-16-96

 

          Pos 102.04  Operations of the Commission.

 

          (a)  The commission operates in accordance with the separate and distinct rules which have been adopted in accordance with the provisions of RSA 541-A in carrying out its duties and responsibilities, and in administering the programs entrusted to it.

 

          (b)  Copies of such rules are available, upon request, at the commission's office located at 3 Barrell Court, Suite 300, Concord, NH 03301-8543.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6397, eff 12-16-96

 

CHAPTER Pos 200  RULES OF PRACTICE AND PROCEDURE - EXPIRED

 

Source.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

CHAPTER Pos 300 through Pos 500 - RESERVED

 

Source.  #1480, eff 11-6-79; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85; EXPIRED: 6-17-91

 

CHAPTER Pos 600  NEW HAMPSHIRE INCENTIVE PROGRAM

 

PART Pos 601  GRANT ADMINISTRATION

 

          Pos 601.01  Definitions.

 

          (a)  "Academic year" means a period of time within the fiscal year starting July 1 and ending the following June 30th, usually 8 to 9 months, during which a full-time student is expected to complete:

 

(1)  At least 24 semester or trimester hours or 36 quarter hours in an educational program whose length is measured in credit hours; or

 

(2) At least 900 clock hours in an educational program whose length is measured in clock hours.

 

          (b)  "Academically qualified student" means an entering freshman or an upper-class applicant with a grade point average of at least 2.00 on a 4.00 basis and who meets satisfactory academic progress as determined by the institution.

 

          (c)  "Central processing system (CPS)" means the U.S. Department of Education's processing facility for Free Applications for Federal Student Aid application data.

 

          (d)  "Clock hour" means a period of instruction as defined in 34 CFR 600.

 

          (e)  "Cost of attendance" means the cost of education as determined by the institution under the provisions of the Higher Education Act of 1965, 20 U.S.C. 1070 et seq, as amended.        

 

          (f)  "Eligible New Hampshire institution" means an institution:

 

(1)  Whose main campus is within the boundaries of the state of New Hampshire; and

 

(2)  Which:

 

a.  Is approved, chartered or licensed by the state to provide an education or training beyond the secondary level;

 

b.  Meets all the rules of eligibility as regards an institution of higher education under the 34 CFR 692;

 

c.  Is regionally or nationally accredited by a recognized accrediting agency; and

 

d.  Has been deemed eligible to receive federal funds under the Pell grant program by the United States Secretary of Education.

 

          (g)  "Eligible out-of-state institution" means an institution:

 

(1)  Whose main campus is within the boundaries of Connecticut, Maine, Massachusetts, Rhode Island or Vermont;

 

(2)  Is accredited by the New England Association of Schools and Colleges;

 

(3)  Whose main campus is in a state which permits its students to utilize their state grants at New Hampshire institutions; and

 

(4)  Which has been deemed eligible to receive federal funds under the Pell grant program by the United States Secretary of Education.

 

          (h)  "Eligible program" means a legally authorized undergraduate postsecondary program of organized instruction offered by an eligible institution which:

 

(1)  Is at least one academic year or its equivalent in length; and

 

(2)  Leads to one of the following:

 

a.  An academic or vocational degree;

 

b.  Certificate; or

 

c.  Other educational credential recognized by the United States Secretary of Education.

 

          (i)  "Eligible student" means a student qualified for a grant under the New Hampshire incentive grant program.

 

          (j)  "Expected family contribution (EFC)" means the amount, as defined in 34 CFR 682, that a student and his or her spouse or civil union partner and family are expected to contribute toward the student's cost of attendance

 

          (k)  "Financial need" means the difference between a student's cost of attendance and his or her EFC.

 

          (l)  "Full-time student" means an enrolled student as defined in 34 CFR 668.

 

          (m)  “Half-time student” means an enrolled student as defined in 34 CFR 682.

 

          (n)  "New Hampshire resident" means a resident of the state as specified by Pos 603.

 

          (o)  “Satisfactory academic progress" means the written standards of an eligible institution that a student is required to meet in order to be eligible to receive federal student aid.

 

          (p)  "Undergraduate student" means a student who is at an institution of higher education as defined in 34 CFR 682.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 601.02  Purpose and Scope of Program.

 

          (a) The New Hampshire incentive program, RSA 188-D:10-13, has been designed to provide increased, equal access and choice for deserving, needy New Hampshire residents seeking the benefits of postsecondary education/training.

 

          (b)  Grants shall not exceed $5,000.  The payment schedule shall be set annually by the commission.  The awards to New Hampshire institutions shall be uniform.  The awards to out-of-state institutions shall be uniform and not exceed that awarded to New Hampshire institutions.

 

          (c)  Grants shall not exceed "financial need" as defined in Pos 601.02 (k).

 

          (d)  Grants shall not be used to replace institutional aid and shall be considered an outside scholarship.

 

          (e)  The New Hampshire incentive program shall be conducted under the rules adopted by the commission.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 601.03  Application Process.

 

          (a)  An applicant for a New Hampshire incentive program grant shall complete a Free Application for Federal Student Aid (FAFSA), as required by the Higher Education Act of 1965, 20 U.S.C. 1070 et seq, as amended, for the year in which the applicant seeks an award.

 

          (b)  Applications shall be received by the CPS by the May 1 deadline.

 

          (c)  Applications shall be available from the U.S. Department of Education by calling 1-800-4-FED-AID (1-800-433-3243).

 

          (d)  Applications may be completed on-line at www.fafsa.ed.gov.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 601.04  Conditions of Grant.

 

          (a)  Grants under the New Hampshire incentive program shall be made only to academically qualified, residents of the state pursuing eligible programs at eligible postsecondary institutions and who are eligible for a Pell grant as determined by the federal government from data supplied by the student on the FAFSA. 

 

          (b)  Grants shall be made only to applicants who have properly completed the application process. Awards shall be restricted to undergraduate students who are enrolled greater than half-time.

 

          (c)  No student's total EFC and grant under the New Hampshire incentive program shall exceed the student's cost of attendance as defined under these rules.

 

          (d)  No payment shall be made on behalf of a student under this program unless the student is eligible to receive financial assistance under the federal Title IV programs.

 

          (e)  Applicants for a grant shall make full and complete application utilizing the FAFSA distributed by the U.S. Department of Education.

 

          (f)  No applicant for a grant shall receive preferential treatment.

 

          (g)  A student shall receive a grant under the New Hampshire incentive program only so long as the student remains eligible and in no case shall a student receive more than the equivalent of 4 annual full-time grant awards.

 

          (h)  Disbursement of grants under this program shall be made on a semester by semester basis in the following manner:

 

(1)  The commission shall provide each approved institution with an electronic roster of students attending the approved institution who have been deemed eligible to receive incentive grants, containing:

 

a.  Their social security numbers;

 

b.  Their first and last names and middle initial;

 

c.  Their EFC;

 

d.  Their year in school, and

 

e.  The anticipated amount of the incentive grant award, assuming full-time enrollment;

 

(2)  The institution shall certify that:

 

a.  The student is enrolled at least half-time as a matriculated student and indicate if the student is enrolled full-time or part-time;

 

b.  The student has not received a bachelor’s degree;

 

c.  The student still has an eligible EFC; and

 

d.  The student is eligible to receive federal Title IV funds.

 

(3)  Upon receipt of the electronic request for payment from the institution, the commission shall process and forward a check payable to the approved institution:

 

a.  On behalf of the students listed; and

 

b.  In an amount equal to the sum of each individual incentive grant for the specified period; and

 

(4)  The approved institution shall credit the grant funds to each of the respective student accounts;

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 601.05  Appeals.

 

          (a)  Appeals of eligibility and award decisions by the commission shall be made in writing to the commission pursuant to Pos 200.

 

          (b)  Applications received after the deadline shall not be appealable.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

        Pos 601.06  Payment Schedule.  The commission shall annually set a payment schedule based upon the relationship of the following 2 factors:

 

        (a)  The available appropriation; and

 

        (b)  The number of applicants.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

PART Pos 602  AWARDS PROCEDURE

 

          Pos 602.01  Determination of Awards.

 

          (a)  All applications received by the central processing system on or before May 1 of each year shall be considered on-time applications. When May 1 occurs on a Saturday or Sunday, the receipt date shall be the Monday immediately following May 1.

 

          (b)  If there are insufficient funds to make awards to all eligible applicants with the same EFC, awards shall be made in application receipt date order, starting with the earliest receipt date and proceeding chronologically until all funds are expended.

 

          (c)  For each student who receives a NHIP award the following shall be subtracted from his/her cost of education:

 

(1)  EFC;

 

(2)  Pell grant awards; and

 

(3)  The scheduled NHIP grant.

 

          (d)  If the remainder after applying (c) above is positive, the NHIP grant shall be awarded, if it is negative the applicant shall not receive the NHIP grant.

 

          (e)  Students enrolled half-time or greater, but less than full-time, shall receive an award one-half that received by a full-time student.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 602.02  Notification of Decision.

 

          (a)  Each applicant with an eligible EFC, as defined in Pos 601.01(j), shall be notified, in writing, by the commission, of the decision on his/her application for a grant under the New Hampshire incentive program.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 602.03  Enrollment Required.  No payment shall be made on behalf of a grant recipient who is not enrolled at the time of disbursement.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09 (from Pos 602.04)

 

          Pos 602.04  Length of Grant.  Grants shall be made for a period of one academic year and disbursed in 2 equal payments, except that grants made to qualified applicants who enroll for less than a full academic year shall be pro-rated correspondingly. There shall be no awards for summer sessions.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09 (from Pos 602.05)

 

          Pos 602.05  Applications Considered Received.  Applications shall be considered received when they are received by the CPS.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09 (from Pos 602.06

 

PART Pos 603  RESIDENCY REQUIREMENTS

 

          Pos 603.01  Definitions.

 

          (a)  "New Hampshire resident" means a student who has been a resident of the state as defined in RSA 21:6.

 

          (b)  "Parent" means:

 

(1)  A person's father or mother, provided both are living;

 

(2)  If one parent is deceased, the remaining parent;

 

(3)  If one parent has custody of an unemancipated person, the parent having custody; or

 

(4)  A guardian or legal custodian, provided that there are no circumstances indicating that such guardianship or custodianship was created for the purpose of conferring the status of an in-state student on such unemancipated person.

 

          (c)  "Residence" means a place of abode or domicile as defined in RSA 21:6-a.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 603.02  Eligibility.

 

          (a)  A student shall be classified as eligible for the New Hampshire incentive program if s/he has been a resident of the state for 12 consecutive months immediately preceding the term for which in-state status is claimed.

 

          (b)  No unemancipated person shall be eligible for in-state status unless his/her parents have established a domicile in this state.

 

          (c)  No person shall be eligible for in-state status unless his/her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education.      

 

          (d)  In all cases of application for in-state status for NHIP purposes, the burden of proof shall be on the applicant.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 603.03  Domicile Determination.

 

          (a)  All evidence relevant to determining domicile shall be considered.

 

          (b)  The following shall be indicia of domicile, but shall not be exclusive, and other evidence may be submitted by the applicant:

 

(1)  Payment or non-payment of any tax levied by the state or any political subdivision on persons resident or domiciled therein;

 

(2)  Residence reported on any federal or state tax return;

 

(3)  Registration of one's automobile;

 

(4)  State issuing one's driver's license;

 

(5)  Receipt of support in whole or in part from parents who are domiciled outside the state of New Hampshire;

 

(6)  Voting residence;

 

(7)  Claim by any non-resident parent that the applicant is a dependent for tax or any other financial purposes;

 

(8)  The filing of any claim for benefits under any policy of insurance or any federal, state, or local benefit legislation based on domicile outside the state of New Hampshire; and

 

(9)  Status in some other state which would qualify a person for in-state tuition in that state.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

          Pos 603.04  Emancipation Determination.

 

          (a)  No person shall be deemed to be emancipated unless his or her parent, as defined in Pos 603.01(b):

(1)  Has entirely surrendered the right to the care, custody and earnings of such person;

 

(2)  Is no longer under any legal obligation to support or maintain such person; or

 

(3)  Having supported and maintained such person even though under no legal obligation to do so, has ceased to support and maintain such person.

 

(b)  The following criteria shall be used by the institution to determine if a student is emancipated:

 

(1)  Lack of financial support of the person by the parent;

 

(2)  Lack of contribution to the parent of any earnings or other income received by the person;

 

(3)  Failure of the parent to claim the person as a dependent on his or her income or other tax forms;

 

(4)  Establishment by the person of a domicile separate and apart from that of the parent;

 

(5)  The person returns to a residence other than the home of the parent during vacations or other recesses from school; and

 

(6)  Any other evidence submitted by the student which is consistent with the theme of the above criteria.

 

          (c)  Emancipation shall not be found unless all the requirements of (a) and (b) have been met.

 

Source.  #1611, eff 7-17-80; amd by #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED: 6-17-91

 

New.  #5187, eff 7-23-91; ss by #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8585, eff 3-17-06; ss by #9423, eff 3-14-09

 

CHAPTER Pos 700  WORKFORCE INCENTIVE PROGRAM - FORGIVABLE LOAN

 

PART Pos 701  ADMINISTRATION

 

          Pos 701.01  Definitions.

 

(a)  "Academic semester" means a period of time within the fiscal year during which a full-time student is expected to complete:

 

(1)  At least 12 semester or trimester hours or 18 quarter hours in an educational program whose length is measured in credit hours; or

 

(2)  At least 4540 clock hours in an educational program whose length is measured in clock hours.

 

(b)  "Anticipated certification, licensure or degree” means the certificate, license or degree that the student expects to receive upon successful completion of his or her current course of study.

 

(c)  "Approved program in a workforce shortage area" means a program which leads to a degree, license or certificate in a workforce shortage area as designated by the commission.

 

(d)  “Authorized official” means the officer of the institution designated by the institution’s board of trustees who is authorized to enter into a grant agreement with the postsecondary education commission within the state of New Hampshire.

 

(e)  "Award" means forgivable loans granted under this program.

 

(f)  "Clock hour" means “clock hour” as defined by the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended.

 

(g)  "Cost of attendance" means the cost of education as determined by the institution under the provisions of the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended.

 

(h)  “Date of requirement for repayment” means if repaying with money, the date of request for monetary repayment by the commission, or if repaying in service, the starting date of the year of service.

 

(i)  "Distribution formula" means the formula developed by the commission under Pos 701.05(d) for distribution of funds under the workforce incentive program.

 

(j)  "Eligible institution" means an institution with an approved program in a workforce shortage area whose main campus is located in the state of New Hampshire.

 

(k)  "Enrollment statistics" means the number of full and part-time students enrolled in an approved workforce shortage program at an eligible institution.

 

(l)  "Enrollment status" means whether a student is a full-time or part-time student as defined by the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended.

 

(m)  "Financial need" means demonstrated need according to the definition cited in Pos 601.01(k).

 

(n)  "Forgivable loan" means financial assistance given to eligible students which is cancelled if the recipient performs specified service.

 

(o)  "Full-time" means full-time as defined for undergraduate students by the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended.

 

(p)  "Full-time graduate student" means full-time as determined by the institution.

 

(q) "Participation agreement" means an agreement signed by an accredited college within the state and the commission which sets out the terms, conditions and responsibilities, including compliance with these rules, to which the college agrees in order to participate in the workforce incentive program.

 

(r)  “Part-time” means a student who is enrolled at least half-time as defined by the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended.

 

(s)  "Period of attendance" means the beginning and ending dates within a specific academic year during which a student is officially enrolled, and currently registered, at an eligible institution.

 

(t)  "Period of award" means the dates during the academic year for which an award is given.

 

(u)  “Pro-rate” means to adjust the length of time of repayment proportional to a recipient’s employment status.

 

(v)  “Resident" means a resident of the state as specified by Pos 706.

 

(w)  "Satisfactory academic progress" means the written standards of an eligible institution that a student is required to meet in order to be eligible to receive federal student aid.

 

(x)  "Service" means employment in the workforce shortage area for which assistance was received.

 

(y)  “Workforce shortage area” means those workforce areas that have been determined by the commission to have a shortage of potential trained employees, pursuant to Pos 705.01.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New. #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 701.02  Description of Program.

 

(a)  The workforce incentive program is designed to assist those New Hampshire students enrolled in approved programs in a workforce shortage area in the state of New Hampshire who demonstrate financial need.

 

(b)  State funds awarded under this program shall be matched dollar-for-dollar by those eligible institutions which participate in this program.

 

(c)  Awards made under this program shall be forgivable loans.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 701.03  Institutional Application.

 

(a)  Each institutional applicant to participate under RSA 188-D:18-f through RSA 188-D:18-h in the workforce incentive program shall complete and execute a commission participation agreement, form PEC 700.

 

(b)  The institutional applicant shall supply the following information on the participation agreement:

 

(1)  The name of the institution;

 

(2)  The amount of funds accepted and to be matched; and

 

(3)  The name and title of institution's authorized official.

 

(c)  The institution’s authorized official shall sign and date the participation agreement.

 

(d)  The institution shall also submit:

 

(1)  A current certificate of good standing issued by the New Hampshire secretary of state; and

 

(2)  A certificate of authority stating who is authorized to sign on behalf of the institution.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 701.04  Institutional Eligibility.  An eligible institution under this program shall:

 

(a)  Have an approved program in a workforce shortage area leading to eligibility for certification or licensure in the shortage area;

 

(b)  Have its main campus within the boundaries of the state of New Hampshire; and

 

(c)  Make available to the commission annually, by October 15th, the number of full-time and part-time students enrolled in their approved workforce shortage area program(s).

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 701.05  Conditions of Grants to Institutions.

 

(a)  Grants to institutions under the workforce incentive program shall be made only to institutions within the state offering approved programs in a workforce shortage area which shall have executed a grant agreement with the commission and provided a certificate of good standing and certificate of authority.

 

(b)  The grantee shall make institutional matching funds of its own available for expenditures under the workforce incentive program on behalf of students who are New Hampshire residents.

 

(c)  The institutional matching funds shall be from sources of funding raised during the fiscal year for which the grant is provided and shall not be reallocated institutional funds.

 

(d)  The commission shall make funds available to the eligible institutions based upon the ratio of an eligible institution's number of New Hampshire residents enrolled in an approved workforce shortage area program to the total number of New Hampshire residents enrolled in similar programs in the state.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 701.06  Obligations of Grantees. Institutional grant recipients shall:

 

(a)  Provide, by the end of the academic year for which funds are provided, the commission with a list of their loan recipients, including the following information for each student:

 

(1)  His or her name, address, and date of birth;

 

(2)  The period of attendance;

 

(3)  His or her enrollment status;

 

(4)  His or her anticipated degree;

 

(5)  His or her anticipated graduation date; and

 

(6)  The amount and period of the award;

 

(b)  Require the recipients to sign 2 copies of the promissory note as stated in Pos 703.01(a) and personal data form and forward one of each to the commission office by the end of the academic year for which funds are provided;

 

(c)  Notify the commission of any change in a recipient's enrollment, award, or degree status; and

 

(d)  If the student consents, provide to the commission the student's social security number.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

PART Pos 702  AWARD PROCEDURES

 

Pos 702.01  Awards to Individual Students.

 

(a)  To be eligible to receive an award under this program a student shall:

 

(1)  Be a resident of New Hampshire;

 

(2)  Be eligible to receive Title IV financial aid;

 

(3)  Be enrolled in an approved workforce shortage area program at an eligible institution; and

 

(4)  Be making satisfactory academic progress according to the standards of that institution.

 

(b)  Receipt of aid from other state funded student financial assistance programs shall not affect a student's award eligibility under this program.

 

Source.  #2054, eff 6-14-82; ss by #2353, eff 4-27-83; ss by #3036, eff 6-17-85, EXPIRED 6-17-91

 

New.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 702.02  Award Amounts and Frequency.

 

(a)  Individual awards by participating institutions shall be based on financial need in accordance with the following:

 

(1)  The institution shall determine financial need through use of the method for determining eligibility in campus-based federal Title IV financial aid programs;

 

(2)  The amount of the award, in addition to the expected family contribution and Title IV aid, shall not exceed the cost of attendance;

 

(3)  Individual awards, both from funds of the State of New Hampshire and from the participating institution, shall not diminish the amount of grant aid to which eligible students are otherwise entitled; and

 

(4)  Participating institutions shall be responsible for ensuring that awards are only made to students who are eligible to receive financial aid and are enrolled in a program leading to certification or licensure in a designated workforce shortage area.

 

(b)  A student shall be eligible to receive awards for a number of full-time equivalent semesters as specified below:

 

(1)  For certificate programs, 2 semesters;

 

(2)  For associate degree programs, 4 semesters;

 

(3)  For baccalaureate programs, 8 semesters; and

 

(4)  For graduate programs, 4 semesters.

 

Source.  #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

PART Pos 703  OBLIGATIONS OF THE RECIPIENT

 

Pos 703.01  Description of Recipient's Obligations.

 

(a) Each recipient shall sign a note payable to the state treasurer in accordance with RSA 188-D:18-g, II and complete a personal data form which includes the recipient’s:

 

1.  First and last name;

 

2.  Mailing address and telephone number;

 

3.  Driver’s license number and expiration date;

 

4.  Name, address and telephone number of mother and father; or

 

5.  Name, address and telephone number of spouse; and

 

6.  Name, address and telephone number of current employer.

 

(b)  Recipients of an award for one academic year shall have their notes canceled upon completion of one year of service in New Hampshire in the workforce area for which funds were received following licensure, certification, or completion of the program for which funding was received. If the award is received for greater than half-time study, the recipient shall repay with full-time service, as determined by the employer, a minimum of 30 hours per week, or part-time service prorated to equal one year of full-time service. If the award is received for half-time study or less, the recipient shall repay with at least half-time service, a minimum of 20 hours per week.

 

(c)  Repayment by service under (b) above shall be completed within 3 years from the date of licensure, certification, or completion of the program.

 

(d)  Recipients of awards for more than one academic year shall have their notes canceled upon completion of 2 years of service in New Hampshire in the workforce area for which funds were received following licensure, certification, or completion of the program for which funding was received. Recipients of an award for greater than half-time study, shall repay with full-time service as determined by the employer, a minimum of 30 hours per week, or part-time service prorated to equal 2 years of full-time service. Recipients of an award for half-time or less, shall repay with at least half-time service, a minimum of 20 hours per week.

 

(e)  Repayment by service under (d) above shall be completed within 5 years from the date of licensure, certification, or completion of the program.

 

(f)  Recipients of awards for one academic semester shall have their notes canceled upon completion of 6 months of full-time service or part-time service prorated to equal 6 months of full-time service in New Hampshire in the career shortage area for which funds were received following licensure, certification, or completion of the program for which funding was received. Recipients of an award for greater than half-time study shall repay with full-time service as determined by the employer, a minimum of 30 hours per week, or part-time service prorated to equal 6 months of full-time service.  Recipients of an award for half-time or less shall repay with at least half-time service, a minimum of 20 hours per week.

 

(g)  Repayment by service under (f) above shall be completed within 1.5 years from the date of licensure, certification, or completion of the program.

 

(h)  If the note is not canceled because of service, the recipient shall, unless ordered by a court, repay the award within 2 years:

 

(1)  After withdrawing from or completing the training program; or

 

(2)  From the date of initial request for repayment after it has been determined that the recipient will be unable to repay with service within the time specified under Pos 703.01(c), (e) and (g).

 

(i)  If repayment has not been canceled through service, the amount of service performed shall be prorated against the total loan amount due.

 

(j)  A repayment schedule shall be established by the commission within 3 months of the recipient’s withdrawal from school or notification to the commission that repayment will not be in service. Recipients of scholarships repaying monetarily shall be notified that pursuant to RSA 188-D:18-h, II, they have 2 years to repay after withdrawing from or completing the training program or from the time that it has been determined by the commission that the obligation will not be canceled through service. If the repayment is not completed within 2 years of withdrawal or completion of the program, or from the time that it has been determined by the commission that the obligation will not be canceled through service, the recipient shall be notified that his/her account is delinquent.

 

(k)  All delinquent accounts shall be referred for collection to a recognized collection agency and the recipient shall be responsible for all charges incurred by the referral.

 

(l)  A recipient shall not be considered in violation of the repayment schedule if he or she is:

 

(1)  Enrolled at least half-time in a degree granting program at a regionally accredited postsecondary institution;

 

(2)  Serving on active duty as a member of the armed services of the United States, service as a member of VISTA, the Peace Corps, or Americorps, for a period not to exceed 3 years;

 

(3)  Temporarily totally disabled, as established by the affidavit of a physician, for a period not to exceed 3 years; or

 

(4)  Unable to secure employment by reason of the care required by a disabled spouse, child, or parent for a period not to exceed 12 months.

 

(m)  To qualify for any exemption specified in Pos 703.01(l), the recipient shall notify the commission of such a claim for exemption and provide any supporting documentation required by the commission to verify such a claim, such as verification of enrollment, affidavit from of physician certifying condition of spouse, child or parent.

 

(n)  During such time as a recipient is qualified for an exemption under Pos 703.01(k), the recipient shall not be required to make payments and the commission shall extend the 2-year repayment period by a period equal to the length of time a recipient meets any of the conditions under Pos 703.01(k).

 

(o)  The commission shall also extend the 2 year repayment period if the commission determines that the recipient is unable to repay due to financial circumstances based on financial data submitted by the recipient to the commission.

 

(p)  The financial data required pursuant to (n) above shall include, but not be limited to:

 

(1)  A signed copy of the most recent IRS form 1040EZ, 1040A or 1040 submitted by the recipient to the Internal Revenue Service;

 

(2)  The most recent pay stub received by the recipient;

 

(3)  A statement of any outstanding loans indicating the balance due and the monthly payments required by the servicer; and

 

(4)  Any statement from a current creditor proving forbearance has been granted on an outstanding obligation.

 

(q)  The recipient of an award who withdraws from the program for which the award was awarded shall refund the full amount of the award.

 

(r)  The recipient shall inform the commission of any change in name or address within 3 months of that change.

 

Source.  #5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

Pos 703.02 Cancellations.  The commission shall cancel a recipient's repayment obligation if it determines that:

 

(a)  The recipient is unable to work due to a permanent total disability, established by the sworn affidavit of a physician;

 

(b)  The recipient has received relief under the federal bankruptcy laws only if the recipient’s loans under Title IV of the Higher Education Act of 1965, 20 U.S.C. 1070 et seq., as amended have been canceled as a result of that bankruptcy; or

 

(c)  The recipient has died, established by a death certificate or other evidence deemed conclusive under state law.

 

Source.  #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

PART Pos 704  REPAYMENT PROCEDURES

 

          Pos 704.01  Description of Repayment Procedures.

 

(a)  All award repayments shall be made directly to the commission in cash or by check made payable to the treasurer, state of New Hampshire.

 

(b)  The state treasurer shall credit all repayments to the workforce incentive program fund for use in granting other awards in accordance with RSA 188-D:18-h, V.

 

Source.  #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

PART Pos 705  WORKFORCE SHORTAGE AREA

 

          Pos 705.01  Determination of Workforce Shortage Area.

 

(a)  The commission shall determine the workforce shortage area(s).

 

(b)  The determination shall be informed by the following:

 

(1)  Information supplied by New Hampshire institutions on the Integrated Postsecondary Education Data System (IPEDS) Completion Survey;

 

(2)  Information available from the New Hampshire department of employment security on projected job openings of labor classifications requiring associate degrees or higher; and

 

(3)  Lists of shortage areas as determined by New Hampshire state agencies.

 

(c)  The determination of the shortage area(s) shall be made from those workforce areas with the highest ratio of projected openings to prior year completions and on the potential positive impact on the New Hampshire economy, health and welfare.

 

Source.  #8042, eff 2-18-04; ss by #8586, eff 3-17-06

 

PART Pos 706  RESIDENCY REQUIREMENTS

Pos 706.01  Definitions.

 

(a)  "New Hampshire resident" means a student who has been a resident of the state as defined in RSA 21:6.

 

(b)  "Parent" means:

 

(1)  A person's father or mother, provided both are living;

 

(2)  If one parent is deceased, the remaining parent;

 

(3)  If one parent has custody of an unemancipated person, the parent having custody; or

 

(4)  A guardian or legal custodian, provided that there are no circumstances indicating that such guardianship or custodianship was created for the purpose of conferring the status of an in-state student on such unemancipated person.

 

(c)  “Residence” means a place of abode or domicile as defined in RSA 21:6-a.

 

Source.  #8586, eff 3-17-06

 

Pos 706.02  Eligibility.

 

(a)  A student shall be classified as eligible for the workforce incentive program if s/he has been a resident of the state for 12 consecutive months immediately preceding the term for which in-state status is claimed.

 

(b)  No unemancipated person shall be eligible for in-state status unless his or her parent shall have established his or her residence in this state.

 

(c)  No person shall be eligible for in-state status unless his or her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education.

 

Source.  #8586, eff 3-17-06

 

Pos 706.03  Domicile Determination.

 

(a)  All evidence relevant to determining domicile shall be considered.

 

(b)  The following shall be indicia of domicile, but shall not be exclusive, and other evidence may be submitted by the applicant:

 

(1)  Payment or non-payment of any tax levied by the state or any political subdivision on persons resident or domiciled therein;

 

(2)  Residence reported on any federal or state tax return;

 

(3)  Registration of one's automobile;

 

(4)  State issuing one's driver's license;

 

(5)  Receipt of support in whole or in part from parents who are domiciled outside the state of New Hampshire;

 

(6)  Voting residence;

 

(7)  Claim by any non-resident parent that the applicant is a dependent for tax or any other financial purposes;

 

(8)  The filing of any claim for benefits under any policy of insurance or any federal, state, or local benefit legislation based on domicile outside the state of New Hampshire; and

 

(9)  Status in some other state which would qualify a person for in-state tuition in that state.

 

Source.  #8586, eff 3-17-06

 

Pos 706.04  Emancipation Determination.

 

(a)  No person shall be deemed to be emancipated unless his or her parent, as defined in Pos 706.01(b):

 

(1)  Has entirely surrendered the right to the care, custody and earnings of such person;

 

(2)  Is no longer under any legal obligation to support or maintain such person; or

(3)  Having supported and maintained such person even though under no legal obligation to do so, has ceased to support and maintain such person.

(b)  The following criteria shall be used by the institution to determine if a student is emancipated:

 

(1)  Lack of financial support of the person by the parent;

(2)  Lack of contribution to the parent of any earnings or other income received by the person;

(3)  Failure of the parent to claim the person as a dependent on his or her income or other tax forms;

(4)  Establishment by the person of a domicile separate and apart from that of the parent;

(5)  The person returns to a residence other than the home of the parent during vacations or other recesses from school; and

(6)  Any other evidence submitted by the student which is consistent with the theme of the above criteria.

(c)  Emancipation shall not be found unless all the requirements of (a) and (b) have been met.

 

Source.  #8586, eff 3-17-06

 

Pos 706.05  Appeal of Residency Determination.  Any appeal of the determination of residency shall be made to the institution and shall be adjudicated by the institution’s published appeal process.

 

Source.  #8586, eff 3-17-06

 

CHAPTER Pos 800  LEVERAGED INCENTIVE GRANT PROGRAM

 

PART Pos 801  GRANT ADMINISTRATION

Pos 801.01  Definitions.

 

(a)  "Central processing systems (CPS)" means the U. S. Department of Education's processing facility for Free Application of Federal Student Aid application data.

 

(b)  "Clock hour" means a period of instruction as defined in 34 CFR 600.

 

(c)  "Cost of attendance" means the cost of education as determined by the institution under the provisions of the Higher Education Act of 1965, 20 U.S.C. 1070 et seq, as amended.

 

(d)  "Distribution formula" means the formula developed annually by the commission under Pos 801.05(e) for distribution of funds under the leveraged incentive grant program.

 

(e)  "Eligible institution" means an institution:

 

(1)  Whose main campus is within the boundaries of the State of New Hampshire; and

 

(2)  Which is:

 

a.  Approved, chartered or licensed by the state to provide an education or training beyond the secondary level;

 

b.  Meets all the rules of eligibility as regards of an institution of higher education under 34 CFR 692; and

 

c.   Regionally or nationally accredited by a recognized accrediting agency.

 

(f)  "Eligible program" means a legally authorized undergraduate postsecondary program of organized instruction offered by an eligible institution which:

 

(1)  Is at least one academic year or its equivalent in length; and

 

(2)  Leads to one of the following:

 

a.  An academic or vocational degree;

 

b.  Certificate; or

 

c.  Other educational credential recognized by the United States Secretary of Education.

 

(g)  "Eligible student" means a student qualified for a grant under the leveraged incentive grant program.

 

(h)  "Expected family contribution (EFC)" means the amount as defined in 34 CFR 668.52 that a student and his or her spouse and family are expected to contribute toward the student's cost of attendance.

 

(i)  "Freshman year" means a period of time during which a full-time student would normally be expected to complete the equivalent of 2 semesters, 3 trimesters or 3 quarters of instruction, usually 8 or 9 consecutive months.

 

(j)  "Financial need" means the difference between a student's cost of attendance and his or her EFC.

 

(k)  "Fiscal year" means the state of New Hampshire's fiscal year, July 1 - June 30.

 

(l)  "Full-time student" means an enrolled student as defined in 34 CFR 668.

 

(m)  "Grant agreement" means an agreement signed by an eligible institution and the commission which sets out the terms, conditions and responsibilities, including compliance with these rules, to which the college agrees in order to participate in the leveraged incentive grant program.

 

(n)  "Institutional matching funds" means additional funds raised by the institution as matching funds pursuant to RSA 188-D:35.

 

(o)  "Merit" means that in the opinion of the participating institution a student exhibits a high level of achievement in at least one of the following areas:

 

(1)  Scholarship;

 

(2)  Leadership; or

 

(3)  Community service.

 

(p)  "New Hampshire resident" means a resident of the state as specified by Pos 803.

 

(q)  "Participating institution" means an eligible institution which has executed a grant agreement with the commission.

 

(r)  "Satisfactory academic progress" means the written standards of a participating an eligible institution that a student is required to meet in order to be eligible to receive federal student aid.

 

(s)  "Undergraduate student" means a student at an institution of higher education as defined in 34 CFR 674. 

 

Source.  #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8587, eff 3-17-06

 

Pos 801.02  Purpose and Scope of Program. 

 

(a)  The leveraged incentive grant program in RSA 188-D:33-35 is designed to provide scholarship assistance on the basis of merit and need to full-time undergraduate students who are New Hampshire residents and who have completed their freshman year at an accredited New Hampshire institution.

 

(b)  Grant distribution shall be determined by the postsecondary institution.

 

(c)  Grants shall not exceed financial need as defined in 801.1(j).

 

(d)  The leveraged incentive program shall be conducted under the rules adopted by the commission.

 

Source.  #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8587, eff 3-17-06

 

Pos 801.03  Institutional Application.

 

(a)  Each institutional applicant to participate under RSA 188-D:33-35 in the leveraged incentive grant program shall complete and execute a grant agreement available from the postsecondary education commission at 3 Barrell Court, Concord, NH  03301-8543.

 

(b)  Institutional applicants shall supply the following information on the grant agreement:

 

(1)  The name of the institution;

 

(2)  The amount of funds accepted and to be matched; and

 

(3)  The name and title of the institution's authorized official.

 

(c)  The institution's authorized official shall sign and date the grant agreement.

 

(d)  The institution shall also submit:

 

(1)  A current certificate of good standing issued by the New Hampshire secretary of state; and

 

(2)  A certificate of authority stating who is authorized to sign on behalf of the institution.

 

Source.  #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8587, eff 3-17-06

 

          Pos 801.04  Conditions of Grants to Institutions.

 

          (a)  Grants to institutions under the leveraged incentive grant program shall be made only to eligible institutions which shall have executed a grant agreement with the commission.

 

          (b)  The grantee shall make institutional matching funds of its own available for expenditures under the leveraged incentive grant program on behalf of full-time undergraduate students who are New Hampshire residents and who have completed their freshman year.

 

          (c)  The institutional matching funds shall:

 

(1) Be from sources of funding raised on or after July 1 of the current fiscal year;

 

(2)  Not have been pre-committed to the institution prior to that date; and,

 

(3)  Not be reallocated institutional funds.

 

          (d)  The commission shall make funds available to participating institutions based on the distribution formula.

 

          (e)  The distribution formula shall be based on the relationship of the enrollment of the institution’s undergraduate students who have completed their freshmen year to the total enrollment as follows:

 

          (f)  For purposes of (e) above:

 

(1)  An undergraduate student who has completed his or her freshmen year means those students, other than freshmen, who were reported on the prior year=s fall enrollment survey form of the Integrated Postsecondary Education Data System (IPEDS) as seeking a degree or certificate at an accredited college within the state; and

 

(2)  Total enrollment means the total number of students, as defined above, enrolled in all accredited institutions in the state.

 

          (g)  After the close of the fiscal year in which a grantee receives funds under the leveraged incentive grant program the grantee shall complete and forward to the commission's office a matching fund report form, PEC form 801 containing the following information:

 

(1)  The name of institution;

 

(2)  The amount of funds accepted;

 

(3)  The amount of matching funds raised;

 

(4)  The name of authorized official; and

 

(5)  The title of authorized official.

 

          (h)  The matching fund report form shall be signed and dated by the certifying official.

 

Source.  #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8587, eff 3-17-06

 

PART Pos 802  AWARDS PROCEDURES

 

Pos 802.01  Awards to Individual Students.

 

(a)  Participating institutions shall select individual New Hampshire residents who are full-time undergraduate students and who have completed their freshman year for awards under the leveraged incentive grant program.

 

(b)  The following criteria shall be applied by the participating institutions in making awards:

(1)  Awards shall be based on need and merit;

 

(2)  Recipients shall make satisfactory academic progress according to the standards of the institutions he or she is attending as specified under 34 CFR 668.43(c);

 

(3)  The maximum award shall not exceed the cost of education;

 

(4)  Awards, both from funds of the State of New Hampshire and from the participating institutions own accounts, shall not diminish the amount of individual grant aid to which eligible students are otherwise entitled under the Higher Education Act of 1965, 20 U.S.C. 1070 et seq, as amended; and

 

(5)  Participating institutions shall ensure that awards are made only to New Hampshire residents.

 

Source.  #6398, eff 12-16-96, EXPIRED: 12-16-04

 

New.  #8587, eff 3-17-06

 

PART Pos 803  RESIDENCY REQUIREMENTS

 

          Pos 803.01  Definitions.

 

          (a)  "Domicile" means a person's true, fixed and permanent home and place of habitation.  It is the place where he or she intends to remain and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere.

 

          (b)  "New Hampshire resident" as cited in RSA 188-D:35, I means a student who has been domiciled in the state for 12 consecutive months immediately preceding the term for which in-state status is claimed.

 

          (c)  "Parent" means one of the following:

 

(1)  A person's father or mother;

 

(2)  If one parent has custody of an unemancipated person, the parent having custody; or

 

(3)  A guardian or legal custodian, provided that there are no circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person.