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Citations: (R)667.6 AsOfDate: 12/31/95 From the Compilation of Regulations through 12/31/95. Sec. 667.6 SPRE selection of institutions for review. (a) A SPRE may review an institution under this part that was not referred by the Secretary if-- (1) The SPRE-- (i)(A) Determines that the institution meets a referral criterion in Sec. 667.5 based on more recent data available to the SPRE; or (B) Has reason to believe the institution is engaged in fraudulent practices; and (ii) Requests the Secretary to approve its review of that institution; and (2) The Secretary-- (i) Approves that request; or (ii) Does not respond to the SPRE's request within 21 days after the date the Secretary receives that request; and (b) If, under paragraph (a)(1)(i)(A) of this section, a State selects an institution for review, before the SPRE may request the Secretary to approve that review, the SPRE must-- (1) Notify the institution of the selection and provide the institution with the reasons for its selection; (2) Delay its review request to the Secretary if the State receives a notice from the institution no later than seven days after the institution receives the notice from the State challenging the accuracy of the information on which the selection was based. (3)(i) If an institution challenges the accuracy of the information on which its selection was based, the institution has the burden of proving that the information was inaccurate. (ii) For purposes of paragraph (c)(3)(i) of this section, the State shall presume that records maintained in the normal course of business by the U.S. Department of Education, a guaranty agency under the FFEL programs, a SPRE, a State licensing agency, or another State agency are accurate. (4) To challenge the accuracy of the information on which its referral was based, the State must receive no later than 30 days after the institution receives the notice described in paragraph (c)(1) of this section the institution's submission, along with any supporting document or record. (c) If the institution timely challenges its referral under paragraph (b) of this section, the State requests a review of the institution from the Secretary unless the institution convinces the State that its selection was based upon inaccurate information. (d)(1) Documents referenced in this section may be hand-delivered or mailed. If documents are mailed, they must be mailed certified mail, return receipt requested, or by next-day mail service. (2) If documents are mailed, proof of receipt shall be evidenced by the delivery date indicated on the United States Postal Service return receipt card (green card), or the pick up date indicated on the next day mail service's bill. (3) For purposes of paragraph (e)(2) of this section, if any submission is sent by next-day mail service, the State shall presume that the document was delivered the day after the date on which it was picked up for delivery. (Authority: 20 U.S.C. 1099a-3) |