Title 011 | Chapter 023 | Regulation 010
SUPERSEDED
This document is no longer current.
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY
Division of Student and Administrative Services
(New Administrative Regulation)
11 KAR 23:010.Optometry Scholarship Program.
Section 1.
Definitions.(1)
"Academic term" means the fall or spring semester at an eligible institution and does not include summer sessions.(2)
"Academic year" means a period of time that begins July 1 of a calendar year and ends June 30 of the next succeeding calendar year.(3)
"Eligible institution" is defined in KRS 164.7870(2)(b).(4)
"Eligible student" is defined in KRS 164.7870(2)(d).(5)
"Optometry Scholarship Committee" is defined in KRS 164.7870(2)(e).Section 2.
Application and Award.(1)
In order for an eligible student to be considered for an award under this program, the student shall submit the following via the online Optometry Scholarship portal at https://www.kheaa.com:(a)
An Optometry Scholarship Application;(b)
Documentation that supports a Kentucky residency determination under 13 KAR 2:045; and(c)
An official transcript from each postsecondary institution attended as an undergraduate student.(2)
The application period for this program shall be July 1 through December 1 preceding the academic year for which the initial scholarship is awarded.(3)
Once selected as a scholarship recipient, the scholarship award for an eligible student shall be renewed automatically each year without reapplication provided the eligible student maintains continuous enrollment in an approved program at an eligible institution.(4)
The maximum duration of scholarship receipt is limited to eight academic terms or completion of the approved program of study, whichever occurs first.Section 3.
Optometry Scholarship Committee and Recipient Selection.(1)
At the close of the application period, the authority shall convene the Optometry Scholarship Committee for the purpose of selecting recipients for the next academic year from the pool of applications submitted by eligible students.(a)
The authority shall recommend to the Committee the number and amount of scholarships to be awarded based on the amount of funds available for the program.(b)
The scholarship recipient selection process will conclude on or before January 15 of the year preceding the start of academic year in which the scholarship is awarded.(2)
The committee representative from an eligible institution located outside the Commonwealth shall rotate on a two-year basis in even numbered years.Section 4.
Recipient Notification and Award Acceptance.(1)
The authority shall notify all applicants of the Optometry Scholarship Committee's award or denial determination on or before January 31 preceding the start of the award year.(2)
Eligible students who are selected to receive a scholarship award shall indicate to the authority which eligible institution they will attend by March 1 preceding the start of the award year.Section 5.
Enrollment Verification. At the start of each academic term, the authority will provide a roster to each eligible institution to be completed by the institution to verify each eligible student's enrollment in an approved program of study.Section 6.
Disbursement and Delivery of Funds.(1)
Within thirty (30) days following receipt of the enrollment verification record, scholarship funds shall be disbursed by the authority to the eligible institution for subsequent application to the account of the eligible student.(2)
The amount disbursed by the authority for each academic term shall equal one-half of the annual award amount.(3)
The eligible institution shall:(a)
Be responsible for proper disbursement of scholarship funds to each eligible student during the academic term for which each award is intended;(b)
Not make scholarship funds available to the recipient nor apply those funds to the recipient's account after the end of the academic term for which the funds are received by the institution;(c)
Be liable for disbursement to the wrong individual or to an ineligible student, or for untimely disbursement pursuant to this section; and(d)
Make restitution to the authority of any amount improperly disbursed.(4)
Failure of the institution to make restitution when required shall, without precluding other remedies, be cause for limitation, suspension, or termination of the participation of the institution in accordance with 11 KAR 4:020.Section 7.
Refunds and Returns. Refunds by the institution transmitted to the authority shall be accompanied by:(1)
The student's name and birthdate;(2)
The reason for the refund or repayment;(3)
The date of enrollment status change; and(4)
The semester and year.CATHE DYKSTRA, Chair
APPROVED BY AGENCY: March 17, 2022
FILED WITH LRC: March 25, 2022 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, June 22, 2022, at 10:00 a.m. Eastern Time at 100 Airport Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Hon. Diana L. Barber, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7298, fax (502) 696-7293, email dbarber@kheaa.com.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rebecca Gilpatrick
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for administration of the Optometry Scholarship program as authorized by KRS 164.7870.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set forth the procedures for administration of the Optometry Scholarship program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 164.7870 requires the Authority to promulgate administrative regulations pertaining to the Optometry Scholarship program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing the administrative procedures for the Optometry Scholarship program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The proposed regulation will positively impact all applicants for awards under the Optometry Scholarship program by establishing the procedures for administration of the Optometry Scholarship program.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Applicants for the Optometry Scholarship program will be required to comply with the provisions of this administrative regulation, including submitting the specified application and satisfying the eligibility criteria.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to applicants in order to comply with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants who comply with this administrative regulation will be considered for an award under this program.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None.
(b) On a continuing basis:
See 5(a) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Awards under this program are provided through a General Fund base appropriation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
It does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering was not applied. It is not applicable to this amendment. This administrative regulation is intended to provide equal opportunity to participate, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities. The “equal protection” and “due process” clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution. The regulation provides equal treatment and opportunity for all applicants and recipients.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 164.7870.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
The administrative regulation will result in an additional expenditure by the Authority of $808,400 from a General Fund base appropriation for Fiscal Year 2022.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate any revenue for the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This regulation will not generate any revenue for subsequent years.
(c) How much will it cost to administer this program for the first year?
No additional costs are associated with this regulation for the first year.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are associated with this regulation for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY
Division of Student and Administrative Services
(New Administrative Regulation)
11 KAR 23:010.Optometry Scholarship Program.
Section 1.
Definitions.(1)
"Academic term" means the fall or spring semester at an eligible institution and does not include summer sessions.(2)
"Academic year" means a period of time that begins July 1 of a calendar year and ends June 30 of the next succeeding calendar year.(3)
"Eligible institution" is defined in KRS 164.7870(2)(b).(4)
"Eligible student" is defined in KRS 164.7870(2)(d).(5)
"Optometry Scholarship Committee" is defined in KRS 164.7870(2)(e).Section 2.
Application and Award.(1)
In order for an eligible student to be considered for an award under this program, the student shall submit the following via the online Optometry Scholarship portal at https://www.kheaa.com:(a)
An Optometry Scholarship Application;(b)
Documentation that supports a Kentucky residency determination under 13 KAR 2:045; and(c)
An official transcript from each postsecondary institution attended as an undergraduate student.(2)
The application period for this program shall be July 1 through December 1 preceding the academic year for which the initial scholarship is awarded.(3)
Once selected as a scholarship recipient, the scholarship award for an eligible student shall be renewed automatically each year without reapplication provided the eligible student maintains continuous enrollment in an approved program at an eligible institution.(4)
The maximum duration of scholarship receipt is limited to eight academic terms or completion of the approved program of study, whichever occurs first.Section 3.
Optometry Scholarship Committee and Recipient Selection.(1)
At the close of the application period, the authority shall convene the Optometry Scholarship Committee for the purpose of selecting recipients for the next academic year from the pool of applications submitted by eligible students.(a)
The authority shall recommend to the Committee the number and amount of scholarships to be awarded based on the amount of funds available for the program.(b)
The scholarship recipient selection process will conclude on or before January 15 of the year preceding the start of academic year in which the scholarship is awarded.(2)
The committee representative from an eligible institution located outside the Commonwealth shall rotate on a two-year basis in even numbered years.Section 4.
Recipient Notification and Award Acceptance.(1)
The authority shall notify all applicants of the Optometry Scholarship Committee's award or denial determination on or before January 31 preceding the start of the award year.(2)
Eligible students who are selected to receive a scholarship award shall indicate to the authority which eligible institution they will attend by March 1 preceding the start of the award year.Section 5.
Enrollment Verification. At the start of each academic term, the authority will provide a roster to each eligible institution to be completed by the institution to verify each eligible student's enrollment in an approved program of study.Section 6.
Disbursement and Delivery of Funds.(1)
Within thirty (30) days following receipt of the enrollment verification record, scholarship funds shall be disbursed by the authority to the eligible institution for subsequent application to the account of the eligible student.(2)
The amount disbursed by the authority for each academic term shall equal one-half of the annual award amount.(3)
The eligible institution shall:(a)
Be responsible for proper disbursement of scholarship funds to each eligible student during the academic term for which each award is intended;(b)
Not make scholarship funds available to the recipient nor apply those funds to the recipient's account after the end of the academic term for which the funds are received by the institution;(c)
Be liable for disbursement to the wrong individual or to an ineligible student, or for untimely disbursement pursuant to this section; and(d)
Make restitution to the authority of any amount improperly disbursed.(4)
Failure of the institution to make restitution when required shall, without precluding other remedies, be cause for limitation, suspension, or termination of the participation of the institution in accordance with 11 KAR 4:020.Section 7.
Refunds and Returns. Refunds by the institution transmitted to the authority shall be accompanied by:(1)
The student's name and birthdate;(2)
The reason for the refund or repayment;(3)
The date of enrollment status change; and(4)
The semester and year.CATHE DYKSTRA, Chair
APPROVED BY AGENCY: March 17, 2022
FILED WITH LRC: March 25, 2022 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, June 22, 2022, at 10:00 a.m. Eastern Time at 100 Airport Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Hon. Diana L. Barber, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7298, fax (502) 696-7293, email dbarber@kheaa.com.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rebecca Gilpatrick
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for administration of the Optometry Scholarship program as authorized by KRS 164.7870.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set forth the procedures for administration of the Optometry Scholarship program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 164.7870 requires the Authority to promulgate administrative regulations pertaining to the Optometry Scholarship program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing the administrative procedures for the Optometry Scholarship program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The proposed regulation will positively impact all applicants for awards under the Optometry Scholarship program by establishing the procedures for administration of the Optometry Scholarship program.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Applicants for the Optometry Scholarship program will be required to comply with the provisions of this administrative regulation, including submitting the specified application and satisfying the eligibility criteria.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to applicants in order to comply with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants who comply with this administrative regulation will be considered for an award under this program.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None.
(b) On a continuing basis:
See 5(a) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Awards under this program are provided through a General Fund base appropriation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
It does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering was not applied. It is not applicable to this amendment. This administrative regulation is intended to provide equal opportunity to participate, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities. The “equal protection” and “due process” clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution. The regulation provides equal treatment and opportunity for all applicants and recipients.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 164.7870.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
The administrative regulation will result in an additional expenditure by the Authority of $808,400 from a General Fund base appropriation for Fiscal Year 2022.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate any revenue for the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This regulation will not generate any revenue for subsequent years.
(c) How much will it cost to administer this program for the first year?
No additional costs are associated with this regulation for the first year.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are associated with this regulation for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: