Title 20, Chapter 3, Section 316
( 20-3-316)
In addition to all other provisions of this part as set forth in
each subpart of this part and in furtherance of the purposes of the
authority, the authority shall have the following general powers,
duties, and functions: (1) The authority shall establish and administer each student
assistance program provided for in the respective subparts of this
part in accordance with the provisions of this part. Pursuant
thereto, the authority is further authorized: (A) To adopt rules, regulations, and policies necessary,
appropriate, or convenient for the administration of its
affairs; the execution of its powers, duties, and functions; and
the accomplishment of its corporate purposes, as prescribed in
each subpart of this part; (B) To receive all moneys made available by the General Assembly
or otherwise for the purposes of the authority and to use such
moneys in accordance with the subparts of this part; (C) To administer federal funds allotted to the authority or to
the state for use by the authority in respect of student
financial aid programs provided for in federal laws, related
matters, and related administrative costs; (D) To enter into contracts and agreements with schools upon
such terms and conditions as may be prescribed by the authority
or otherwise agreed upon between the authority and the school,
not inconsistent with this part, applicable state or federal
law, or agreements entered into between the authority and any
federal or state agency; (E) To require that schools located in the state shall designate
one or more persons who shall be responsible for receiving and
controlling and disbursing, delivering, or crediting to
accounts, as the case may be, student aid checks or funds that
are required to be or which may optionally be disbursed to,
delivered to, or otherwise provided to the school under this
part, for further disbursement, delivery, or credit to the
account of students enrolled therein; and to provide for matters
relative thereto; (F) To require that schools located in the state or, with
approval of the authority, a combination of schools jointly
shall provide fidelity bond coverage of school employees who
have access to checks or funds that may be routed through the
school under this part to students enrolled therein, in such
sums and conditioned in such respects and as to the insured as
may be reasonably necessary to protect the interests of the
authority; and to provide for matters relative thereto; (G) To provide for remittance to and proper application by the
authority of school refunds to students who are recipients of
financial assistance provided by the authority under this part,
consistent with the requirements of any other federal or state
law, rule, or regulation which provides financial aid to
students; and to provide for the application of school refunds
relative to those programs;
(H) To limit, suspend, or terminate the participation of a
school in any financial assistance program administered by the
authority, in accordance with rules and regulations of the
authority that are consistent with this part, applicable state
or federal laws, and agreements entered into between the
authority and the school or any federal or state agency; and to
provide for such formal and informal procedures in regard
thereto as may be appropriate; (I) To require that reports, in such form and containing such
information as the authority may prescribe, be furnished to the
authority by schools as it may deem necessary for the effective
performance of its powers, duties, and functions under this
part; (J) To require that such administrative and fiscal procedures be
used by the authority and schools as may be necessary to protect
the financial interests of the authority and to ensure proper
and effective administration of programs administered by the
authority; (K) To keep and maintain, and to require that schools keep and
maintain, such records as may be determined to be necessary for
proper and efficient administration of the programs under this
part; and to require that such school records be made available
to employees of the authority for examination and inspection as
may be necessary or appropriate; (L) To secure data, except where specifically prohibited by
state or federal law, from any state agency, department,
instrumentality, political subdivision of the state, or any
other source, for the purpose of verifying information submitted
by a student or a parent when applying for or receiving any
financial assistance provided by the authority under this part;
and to pay costs incurred by the provider of such data; (M) Except where specifically prohibited by state or federal
law, to obtain from each state agency, department,
instrumentality, and political subdivision information contained
in its records relative to the present or last known address and
telephone number of a borrower, comaker, cosigner, or endorser,
identified to the provider by name and social security number,
and to pay costs incurred by the provider of such information;
and each state agency, department, instrumentality, and
political subdivision is authorized and directed to provide the
information specified in this subparagraph to the authority upon
its request; (N) To gather information on all educational financial
assistance funds available from any source to residents of the
state and to disseminate such information through such methods
of mass or individual communication as may be necessary better
to assure that students and parents are aware of the
availability of such financial resources; (N.1) To advertise or otherwise promote the programs, functions,
and purposes of the authority and to expend funds available to
the authority for such purposes; (O) To receive funds from any source, public or private, by
gift, grant, bequest, loan, or otherwise, either absolutely or
in trust, and to hold, use, administer, and expend such funds on
its behalf and for any of its corporate purposes; and to acquire
from any source, public or private, by purchase, lease, gift,
bequest, or devise, any property, real, personal, or mixed,
either absolutely or in trust, and to hold, use, administer, and
dispose of such property on its behalf and for any of its
corporate purposes; (P) To provide procedures for the filing, hearing, and
determination of an appeal made by an aggrieved party of a
decision made by the authority in the administration of
financial assistance programs provided for in this part and for
all matters relative thereto; (Q) To enter into agreements and undertakings as may be
necessary or appropriate in the exercise of its powers, duties,
and functions under this part; (R) To perform such other acts as may be necessary or
appropriate to carry out effectively the purposes of the
authority under this part; (S) To adopt an official seal and alter the seal at its
pleasure; (T) To maintain a principal office and such other offices as may
be appropriate; (U) To adopt bylaws and policies for the regulation of its
affairs and the conduct of its business; (V) To bring and defend actions in the name of the authority and
to plead and be impleaded; (W) To exercise any power usually possessed by private
corporations performing similar functions; and (X) To appoint officers, agents, and employees, to prescribe
their duties and qualifications, and to fix their compensation; (2) Employees of the authority may perform management,
supervisory, administrative, and clerical functions required by
the commission and the corporation, and the authority will be
compensated for such expenses as directed by the board of
commissioners; (3) To service or contract for the servicing of educational loans,
including the servicing of such loans by the authority on behalf
of others, to contract in advance for the servicing of educational
loans, and to contract for the performance by the authority of
educational loans; (4) Each applicant who, as of the date of application for
financial assistance under this part, is required but has not
registered with the Selective Service System of the United States
pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible
to receive financial assistance under this part. Each applicant
shall, under penalty of perjury, certify compliance or
noncompliance with the registration requirements of the Military
Selective Service Act of the United States and provide such other
information as the authority may reasonably require; (5) If any conflict exists between this part and Part 2 of this
article, the federal act, or other federal laws, or any rules or
regulations promulgated under the federal act, which conflict will
result in a loss by the authority of any federal funds or other
funds that would otherwise be available to it for carrying out its
purposes under this part, the authority is authorized and directed
to adopt appropriate rules, regulations, and policies, consistent
with Part 2 of this article, the federal act, or such other
federal laws to remove such conflict and thereby to provide for
the receipt of such funds; provided, however, that such rules,
regulations, or policies are not in derogation of the Constitution
or laws of this state, other than this part, or any contract to
which the authority is a party and are wholly in conformity with
the purposes of the authority as set forth in this part; and (6) To the extent that this part is inconsistent with any other
state general or special law, rule, or regulation, other than Part
2 of this article, this part shall be controlling. |