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§ 30736. Failure to Comply with Applicable Laws and Regulations.

5 CA ADC § 30736Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 4. California Student Aid Commission
Chapter 1. California Student Aid Commission
Article 15. California Military Department GI Bill Award Program
5 CCR § 30736
§ 30736. Failure to Comply with Applicable Laws and Regulations.
Currentness
(a) Except as otherwise specified in Section 30737, a program participant may be withdrawn from the program if the program participant fails to meet the requirements for payment pursuant to the terms of the program, including:
(1) Failure to maintain enrollment in at least three academic units per semester or the equivalent at a qualifying institution;
(2) Loss of status as a California resident;
(3) Failure to submit a Renewal Application each academic year except if the program participant has an approved leave of absence; or
(4) Violation of Commission regulations.
(b) A program participant may be permanently withdrawn from the program if the program participant fails to meet the requirements for payment pursuant to the terms of the program, including:
(1) Failure to maintain a minimum of a 2.0 cumulative grade point average while attending a qualifying institution;
(2) Failure to maintain active status in the California Military Department (the California Army or Air National Guard; California State Guard (Cal State Guard), formerly State Military Reserve; or the California Naval Militia);
(3) Has used all 400% program eligibility;
(4) Falsifying or misrepresenting data that is filed with the Commission, the California Military Department, or the educational institution in connection with the program participant's award payments;
(5) For participants entering the program during or after the 2020-2021 academic year, exceeding a 10-year period to complete a course of study leading to a certificate, degree, or diploma unless extended pursuant to Section 30737(g);
(6) For participants who entered the program during or after the 2020-2021 academic year, receipt of a separate baccalaureate, graduate, or doctoral degree while participating in the program.
(c) If a program participant leaves any branch of the California Military Department (the California Army or Air National Guard; California State Guard (Cal State Guard), formerly State Military Reserve; or the California Naval Militia) while participating in the CMD GI Bill and transfers to the California Army or Air National Guard; California State Guard (Cal State Guard), formerly State Military Reserve; or the California Naval Militia within 60 days, the program participant retains program eligibility.
(d) A program participant must remain within a service branch of the California Military Department throughout the two-year service commitment to receive award payments.
(e) If a program participant is withdrawn pursuant to subsection (a) or (b), the Commission will disburse payments for those semester(s), trimester(s), or quarter(s) that the program participant completed and met all program requirements while in attendance.
(f) The Adjutant General may excuse a program participant from fulfilling the two-year service commitment due to extenuating circumstances on a case-by-case basis.
(1) If a program participant is unable to fulfill the two-year service commitment, the individual may request to be excused from this commitment by submitting a memorandum to the Adjutant General that describes why he or she needs excusal from the commitment requirement. Supporting documentation showing that the program participant cannot continue to serve in the California Military Department may be required. The basis for requesting excusal of the commitment may include, but is not limited to, separation due to dependency or hardship. In order to be relieved of the service commitment, the hardship must meet the following criteria:
(A) Not be of a temporary nature;
(B) Must have developed or become increasingly worse since entry into the CMD GI Bill;
(C) Separation from the California Military Department and release from the service commitment is the only readily available means of alleviation; and
(D) The program participant must have made reasonable effort to relieve the hardship through other means available and appropriate to the family circumstances.
(2) Requests for excusal of the two-year service commitment must be submitted in writing and sent to:
CALIFORNIA MILITARY DEPARTMENT
ATTN: CMD GI BILL COORDINATOR
10601 BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
(3) All requests for excusal must be received by the CMD GI Bill Coordinator within 90 calendar days following the date of discharge.

Credits

Note: Authority cited: Section 69999.22, Education Code. Reference: Sections 69999.16 and 69999.18, Education Code.
History
1. New section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2009 order filed 5-20-2010 (Register 2010, No. 21).
3. New subsection (a)(4), subsection renumbering and amendment of subsections (b)-(d) filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
4. Amendment of subsections (a)-(a)(6), repealer of subsections (b)-(d), redesignation of former subsection 30736(f) as subsection 30738(a) and subsection relettering filed 5-14-2013; operative 7-1-2013 (Register 2013, No. 20).
5. Amendment of section and Note filed 9-21-2021; operative 1-1-2022 (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 5, § 30736, 5 CA ADC § 30736
End of Document