5 CCR s 31005

Cal. Admin. Code tit. 5, s 31005

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 4.5. SCHOLARSHARE INVESTMENT BOARD
CHAPTER 2. GOVERNOR'S SCHOLARSHIP PROGRAMS
This database is current through 02/02/07, Register 2007, No. 5
s 31005. Forfeiture of Scholarship Award.

(a) The following disqualifying events, if not disproved, will result in
forfeiture by the award recipient of the scholarship award:

(1) the award recipient provided false or misleading information in
claiming the scholarship award;

(2) the award recipient was wrongly identified as receiving a
scholarship award;

(3) one or more of the award recipient's test scores used as the
basis for the scholarship award were invalidated; or

(4) the award recipient failed to provide the documentation
referred to in paragraph (f) of Section 31001 of this Chapter

(b) The Scholarshare Investment Board shall provide the award recipient
with written notice of the disqualifying event which, if not resolved,
would result in forfeiture. The written notice shall inform the award
recipient that he or she has thirty (30) days from receipt of the notice
to resolve the disqualifying event before a final determination of
forfeiture is made by the Executive Director of the Scholarshare
Investment Board and that funds will not be distributed pending resolution
of the disqualifying event. If the award recipient receives an
unsatisfactory final determination, the award recipient may appeal the
determination pursuant to section 31007(b). Such an appeal shall be
submitted within thirty (30) days of receipt of the final determination.

(c) After a final determination of forfeiture has been issued and no
appeal has been submitted or the Scholarshare Investment Board has upheld
the final determination, the Scholarshare Investment Board shall direct
its designee to withdraw the forfeited funds from the respective qualified
scholarship account and deposit the funds into a forfeiture account within
the Scholarshare Trust.

Note: Authority cited: Sections 69981(d), 69996(d) and 69999,
Education Code. Reference: Sections 69995(d), 69996(d) and 69998,
Education Code; and Sections 529 and 117(b), Internal Revenue Code.

HISTORY

1. New section filed 12-1-2000 as an emergency; operative 12-1-2000
(Register
2000, No. 48). A Certificate of Compliance must be transmitted to OAL by
11-
30-2001 pursuant to Education Code section 69999 or emergency language
will
be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-1-2000 order transmitted to OAL
11-30-
2001 and filed 12-21-2001 (Register 2001, No. 51).

3. Amendment of subsections (b) and (c) filed 12-27-2001 as an emergency;
operative 1-1-2002 (Register 2001, No. 52). Pursuant to
Education Codesection 69999, a Certificate of Compliance must be
transmitted to OAL by 1-1-
2003 or emergency language will be repealed by operation of law on the
following day.

4. Editorial correction ofHistory3 (Register 2002, No. 21).

5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL
12-18-
2002 and filed 1-29-2003 (Register 2003, No. 5).

5 CCR s 31005, 5 CA ADC s 31005
1CAC

5 CA ADC s 31005

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