- (a) All persons wishing to testify before the Financial Aid Appeals Committee shall first be placed under oath by the Chair of the Financial Aid Appeals Committee.
(b)
- (1) Each party that wishes to participate in the hearing may take up to fifteen (15) minutes to present its case, beginning with a member of the committee and then the appealing party.
- (2) The chair may allow the parties additional time to present their cases.
(c)
- (1) The committee, at its discretion, shall have the authority to require any person associated with the scholarship application to appear in person before the committee as a witness during the hearing.
(2) The committee may accept testimony by:
- (A) Affidavit;
- (B) Declaration;
- (C) Deposition transcript; or
- (D) Hearing transcript.
- (d) The committee will resolve the appeal based upon the totality of evidence presented.
(e) On appeal, the committee denying scholarship eligibility:
- (1) Bears the burden of justifying its decision; and
- (2) Must overcome that burden with a clear and convincing reason for that decision.
(f) When hearing an appeal, the committee may take one of the following actions:
- (1) Affirm denial of a scholarship eligibility by the institution;
- (2) Overturn the institution’s determination and grant the scholarship; or
- (3) Table the petition for consideration at a future meeting.
- (g) The consideration of a petition under this part shall be conducted in an open meeting.
- (h) The committee shall provide a written decision to the institution and the appealing party within fourteen (14) days of announcing its decision under this section.
- (i) An order from the committee is immediately appealable to the circuit court, pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.