CHAPTER Csp 100  ORGANIZATIONAL STATEMENTS

 

Statutory Authority:  RSA 195-H:3

 

PART Csp 101  DEFINITIONS

 

          Csp 101.01  Terms Used Throughout Title.  The following terms have the following meanings throughout this title, unless the context requires otherwise:

 

          (a)  Account” means a separate ledger maintained within or for the trust to enable the trustee to make a separate accounting for  holdings of a participant for the benefit of a designated beneficiary and transactions made with respect to units;

 

          (b)  Annual adjusted account base” means, with respect to any designated beneficiary, as of any determination date, the sum of the value of all units held in one or more accounts in existence for such designated beneficiary as of the close of business of the last day of the immediately preceding calendar year plus any contributions to such accounts or additional accounts established for the same beneficiary between such last day and the determination date;

 

          (c)  Commission” means the New Hampshire college tuition savings plan advisory commission established pursuant to RSA 195-H:2, I;

 

          (d)  “Code” means the Internal Revenue Code of 1986, set forth at 26 U.S.C. §§ 1 et. seq., as amended from time to time;

 

          (e)  “Declaration of Trust” means that certain indenture executed by the treasurer of the State of New Hampshire setting forth the rights, privileges and obligations of the trustee and the participants and beneficiaries of the plan;

 

          (f)  “Designated beneficiary” means a person selected by a participant in accordance with a participation agreement as the beneficiary of funds maintained in an account established by such participant;

 

          (g)  “Eligible educational institution” means an “eligible educational institution” as defined in section 529(e)(5) of the Code;

 

          (h)  “Member of the family” means a “member of the family” as defined in section 529(e)(2) of the Code; 

 

          (i)  “Participant” means any person who executes a participation agreement and who makes contributions in an account on behalf of a designated beneficiary, regardless of the residence of such contributor, and any person who is a successor in interest to such contributor;

 

          (j)  “Participation agreement” means the written agreement between a participant and the trust, substantially in the form required by the Declaration of Trust;

 

          (k)  “Plan” means the higher education savings program established through the trust;

 

          (l)  “Qualifying distribution” means any distribution that is made pursuant to a distribution notice that is accompanied by evidence of qualification;

 

          (m)  “Qualified higher education expenses” means “qualified higher education expenses as defined in section 529(e)(3) of the Code;

 

          (n)  “Qualified state tuition program” means a “qualified state tuition savings program” as defined in section 529(b) of the Code;

 

          (o)  “Treasurer” means the treasurer of the State of New Hampshire;

 

          (p)  “Trust” means the New Hampshire Higher Education Savings Plan Trust established pursuant to the trust documents;

 

          (q)  “Trust documents” mean the Declaration of Trust dated January 15, 1998, as amended from time to time, together with all participation agreements executed by participants and which bind such participants to the terms of the trust;

 

          (r)  “Trustee” means the treasurer, acting as fiduciary for the trust;

 

          (s)  “Unit” means a single undivided interest of a determinant quantity in any of the investment portfolios of the trust.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

PART Csp 102  DESCRIPTION OF THE COMMISSION

 

          Csp 102.01  Purpose.  RSA 195-H establishes the commission for the purpose of establishing a plan that will assist both residents of this state and non-residents to save for higher education costs.  RSA 195-H further directs the commission to ensure the proper administration and management of such a savings plan.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.02  Statutory Authority.  The commission is an instrumentality of the state operating as an agency of the state pursuant to RSA 195-H.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.03  Membership.  The commission shall consist of members who shall be appointed from time to time, and who shall serve, in accordance with RSA 195-H:2, I(a).  The commission shall maintain a list of current members of the commission at the treasurer’s office.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.04  Officers.  The commission shall appoint from its membership the following officers:

 

          (a)  One person who shall be a member of the commission to serve as chairperson.  The chairperson shall preside at all meetings of the commission.  The chairperson shall serve until he or she is no longer a member of the commission or until his or her successor is appointed;

 

          (b)  One person who shall be a member of the commission to serve as vice chairperson.  The vice chairperson shall perform the duties of the chairperson in the absence or incapacitation of the chairperson.  The vice chairperson shall serve until he or she is no longer a member of the commission or until his or her successor is appointed; and

 

          (c)  The treasurer shall serve as secretary.  The secretary or the secretary’s designee shall keep the minutes of the proceedings of the commission, ensure that all notices are duly given, be custodian of the minutes of the commission and make such minutes accessible to the public in accordance with RSA 91-A:4, and perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him or her by the commission.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.05  Quarterly Meetings.  Quarterly meetings of the commission shall be held at such time and in such month as shall be fixed by the chairperson.  The commission shall provide notice of the time and place for each meeting of the commission and conduct such meetings in accordance with RSA 91-A:2.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.06  Other Meetings.  The chairperson shall, from time to time, on his or her initiative, and shall, at the request of the state treasurer or any 3 members of the commission, call a meeting of the commission from time to time.  The commission shall provide notice of the time and place for all meetings of the commission and conduct such meetings in accordance with RSA 91-A:2.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.07  Quorum.  A majority of the members of the commission shall constitute a quorum for the transaction of business at any meeting of the commission.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.08  Vote Required for Action.  The act of a majority of members present at a meeting shall be the act of the commission.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

          Csp 102.09  Committees of the Commission.  The commission by resolution shall designate such committees, which shall have such authority as the resolution shall specify to the extent not inconsistent with law.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09

 

PART Csp 103  PUBLIC REQUESTS FOR INFORMATION

 

          Csp 103.01  Access to Public Information.  Copies of the plan’s annual reports or other public information may be obtained or examined at the Office of the State Treasurer at 25 Capitol Street, Room 121, Concord, New Hampshire 03301.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09; ss by 11047, eff 3-2-16

 

          Csp 103.02  Copies of Records.  Persons desiring copies of written records shall submit a request that identifies as particularly as possible the information being sought.  There shall be no charge for the first 10 pages of copied records.  The commission shall charge a reasonable amount for copying with respect to each page over 10, not to exceed the actual cost for providing such copies.  If records are requested which contain both public and confidential information, the commission shall delete the confidential information and provide the remaining information.

 

Source.  #7082, eff 8-26-99; ss by #9583, eff 11-2-09; ss by 11047, eff 3-2-16

 

CHAPTER Csp 200  PRACTICE AND PROCEDURES

 

Statutory Authority:  RSA 195-H:3

 

PART Csp 201  IN GENERAL

 

          Csp 201.01  Practices of the Commission Generally.  The commission’s general practices and proceedings shall take place in accordance with Csp 202, relating to proceedings of the commission, and Csp 203, relating to rulemaking petitions.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9584, eff 11-2-09

 

          Csp 201.02  Actions with Respect to the Trust.  Specific actions of the commission which relate to the establishment, operation and administration of the trust shall take place in accordance with Csp 300.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9584, eff 11-2-09

 

PART Csp 202  RULEMAKING PETITIONS AND DECLARATORY RULINGS

 

          Csp 202.01  Petition for Adoption, Amendment or Repeal of Rules.  Any person, whose interests might be impacted by the commission’s actions, policies, or rules, may petition the commission to adopt, amend, or repeal rules in accordance with the following procedures:

 

          (a)  The petitioner shall submit in writing a detailed request for rulemaking setting forth the proposed language of any rule to be adopted, amended, or repealed, stating which rule or rules, if any, are proposed to be amended or repealed, and describing the reasons for the proposed change;

 

          (b)  A petition for rulemaking shall be signed by the petitioner and shall contain the petitioner’s address or an address to which correspondence may be sent;

 

          (c)  In the event the commission determines that a petition is incomplete, the commission shall return the petition to the petitioner within 7 days with a statement indicating the nature of the deficiencies;

 

          (d)  Petitions for rulemaking received at least 2 weeks prior to the next meeting of the commission shall be placed on the agenda for and considered at that meeting.  Petitions received within 2 weeks of the next meeting of the commission shall be placed on the agenda if the commission will have adequate time to review the petition prior to the meeting.  Notwithstanding the foregoing, any petition for rulemaking received by the commission shall be granted or denied within 30 days of its receipt;

 

          (e)  Petitions for rulemaking that are presented to the commission shall either be denied, if the commission shall determine that the petition for rulemaking does not propose rules that are necessary, desirable or both to achieve the purposes of the commission, or the commission shall initiate rulemaking proceedings in accordance with RSA 541-A:4;

 

          (f)  If a petition for rulemaking is denied, the commission shall state the reasons, and the commission shall provide the petitioner with a written statement of those reasons;

 

          (g)  If the commission decides to initiate rulemaking proceedings, the commission shall so inform the petitioner in writing; and

 

          (h)  In any rulemaking proceeding commenced by the filing of a petition, the commission shall amend, revise, delete or add to the proposal of the petitioner whenever the commission determines such amendment, deletion or addition is necessary or desirable to achieve the purposes of the commission.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9584, eff 11-2-09

 

          Csp 202.02  Requests for Declaratory Rulings.  Persons may request from the commission a declaratory ruling as to the applicability of any statutory provision pertaining to, or rule or order or decision of, the commission in accordance with the following procedures:

 

          (a)  A person requesting a declaratory ruling shall submit, in writing, a detailed request for a declaratory ruling setting forth:

 

(1)  The statutory provision, rule, order, or decision which is questioned;

 

(2)  All facts material to the project or activity in question; and

 

(3)  A description of the action which petitioner wishes the commission to take.

 

          (b)  Any requests for a declaratory ruling shall be typed and legible;

 

          (c)  A request for a declaratory ruling shall be signed by the person requesting same and shall contain the person’s address or an address to which correspondence may be sent;

 

          (d)  After consideration by the commission, the commission shall prepare a written response to the request and the reasons for its decision within 30 days.  However, if the commission determines that an answer to the question necessitates referral of the matter to the department of justice, the commission shall refer the question to the department of justice within 7 days following receipt of request.  Upon receipt of an opinion or ruling from the department of justice, the commission shall within 7 days send a written response to the requestor.

 

          (e)  In the event the commission determines that an application provides insufficient information upon which to make the requested ruling, the commission shall return the application to the applicant within 7 days with a written statement indicating the nature of the deficiencies.  The applicant may resubmit the request for a declaratory ruling after attending to the deficiencies set forth by the commission.

 

          (f)  Within 30 days of the commission’s written response to the requestor, the requestor may appeal such decision by written application to the New Hampshire superior court, in the county in which the requestor resides, or if the requestor does not resided in New Hampshire, in the New Hampshire superior court of Merrimack County.  The superior court shall determine de novo the correctness of the commission’s decision.  If no such written application is filed with the superior court, the commission’s decision shall be final.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9584, eff 11-2-09

 

PART Csp 203  ADJUDICATIVE PROCEEDINGS

 

          Csp 203.01  Adopted Adjudicative Proceedings Rules.  Pursuant to RSA 541-A:30-a, IV, the commission has adopted the text of the model rules for adjudicative proceedings as established by the attorney general in rule Jus 800 which shall be in effect at the time of such adjudicative proceedings.

 

Source.  #9584, eff 11-2-09

 

CHAPTER Csp 300  ESTABLISHMENT, OPERATION AND ADMINISTRATION OF THE PLAN

 

PART Csp 301  ESTABLISHMENT OF THE PLAN

 

          Csp 301.01  Plan Description and Purpose.  The trust was established on January 15, 1998, pursuant to RSA 195-H.  The purpose of the trust is to provide a program of savings for future college costs to help make higher education affordable and accessible to all citizens of New Hampshire and citizens of other states who participate in the program.  The administrative rules set forth in Csp 300 provide for the establishment, operation and administration of the trust and the plan.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 301.02  Applicability.  The rules of this chapter shall apply to the operation of the trust, unless they conflict with federal requirements, in which case, the federal requirements shall apply.

 

Source.  # 11097, eff 5-17-16

 

          Csp 301.03  Form of Organization.  The trust shall be the legal form to establish the plan and shall be an instrumentality of the state.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16 (formerly Csp 301.02)

 

          Csp 301.04  Trustee.  The trustee of the trust shall be the treasurer.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16 (formerly Csp 301.03)

 

          Csp 301.05  Declaration of Trust.  The treasurer shall execute a declaration of trust that shall set forth the rights, privileges and obligations of the trust and the participants and beneficiaries of the trust.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16 (formerly Csp 301.04)

 

          Csp 301.06  Participation Agreement.  The declaration of trust shall provide for a form of participation agreement that requires a participant to agree to the terms of the trust.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16 (formerly Csp 301.05)

 

          Csp 301.07  Construction of Trust Documents and Rules.  The trust shall qualify as a qualified state tuition plan.  The terms of the trust documents and these rules shall be construed by the commission, the treasurer, and the participants consistent with this objective.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16 (formerly Csp 301.06)

 

PART Csp 302  REQUIRED PROVISIONS OF THE TRUST DOCUMENTS

 

          Csp 302.01  Separate Account Requirement.  The trust documents shall require the establishment and maintenance of a separate account for a participant’s holdings on behalf of a designated beneficiary.  Upon acceptance of a completed and executed participation agreement, the trustee shall establish, or shall cause to be established, an account that will be controlled by the participant for the benefit of the designated beneficiary and credit such account with the contributions made by the participant.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 302.02  Form of Contributions.  The trust documents shall require that all contributions to the trust and distributions from the trust shall be in cash only.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 302.03  Contributions Barred in Certain Circumstances.  The trust documents shall provide for a limitation on contributions based on the aggregate value of all accounts in existence for the benefit of a particular designated beneficiary.  This limitation, which shall be reviewed and determined annually by the commission, shall not exceed an amount that is reasonably necessary to provide for the higher education expenses of the designated beneficiary.  The contribution limitation shall satisfy the prohibition on excessive contributions as set forth in the Code.  The trustee or the trustee’s representative shall not accept any portion of  a contribution to any account in existence for the benefit of a designated beneficiary to the extent that such contribution exceeds the difference between the contribution limit for such calendar year and the annual adjusted account base as of December 31 of the year preceding the year in which the proposed contribution is received by the trustee or the trustee's representative.  The provisions of this rule shall meet the requirements of, and shall be construed consistent with, section 529(b)(6) of the Code by the trustee, the commission, each participant and each beneficiary.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 302.04  No Investment Direction.  The trust documents shall prohibit each of the participant and the designated beneficiary from directing the investment of any amounts held in an account.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 302.05  No Pledge or Assignment.  The trust documents shall prohibit the transfer or assignment of any interest in a trust account as security for a loan or for any other purpose.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 302.06  Substitution of Designated Beneficiaries.  Subject to the provisions of Csp 302.03, the trust documents shall permit a participant to substitute a new designated beneficiary from time to time and shall include such restrictions as shall be necessary to ensure that such substitution does not result in adverse federal income tax consequences.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 302.07  Amendments.  The trust documents shall provide that the trustee shall amend the trust documents at any time if the trustee determines that such an amendment is required to maintain qualification of the plan as a qualified state tuition program.  The trust documents shall further provide that the trustee shall amend the trust documents upon the direction of the commission, subject to approval by the governor and executive council, by giving notice of such amendment to the participants, subject to such restrictions as shall be expressly set forth in the trust documents.  The commission shall give such direction, if necessary to encourage additional college savings and to keep the New Hampshire plan competitive with those sponsored by other states.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09 (from Csp 302.07); ss by #11097, eff 5-17-16

 

PART Csp 303  OPERATION OF THE PLAN

 

          Csp 303.01  Trust Documents.  The trustee shall operate the plan at all times in accordance with the terms of the trust documents.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 303.02  Participation Agreement and Account Application Required.  The trustee shall accept contributions to an account by a person only if such person has completed and executed a participation agreement and account application form requesting such information as necessary and appropriate for the purposes of the plan.  Contributions to an account made by a third party shall be accepted but shall be treated for purposes of the plan as though they had been made by the person who has executed a participation agreement with respect to the account.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 303.03  Disclosure Document.  The trustee shall take necessary action to ensure that all persons who receive a participation agreement and account applications receive a disclosure document setting forth all material aspects of participation in the plan, including:

 

          (a)  The operating procedures of the trust;

 

          (b)  The investment strategy of the various investment portfolios of the trust;

 

          (c)  The identity and qualifications of any private vendor that provides services to the trust; and

 

          (d)  The assessments and expenses associated with an account with the trust.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 303.04  Statements.  The trustee shall provide each participant with regular statements of amounts held in an account.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 303.05  Annual Assessments.  The trustee shall assess and collect assessments with respect to the accounts and allocate such assessments among accounts so each account bears its fair and proportionate share of the assessments subject to the following provisions:

 

          (a)  The daily charge imposed under the trust documents shall not exceed an amount equal to an annual rate of 0.30 percent of the value of the units held in the account;

 

          (b)  The trust documents shall provide for reduction or waiver of annual assessments if the value of an account exceeds a certain amount as set forth in the participation agreement, if a participant elects to make automatic contributions to an account, or in such other circumstances that the commission determines would further the purposes of the trust, as specified in Csp 301.01; and

 

          (c)  All proceeds from assessments shall be used by the trustee to reimburse the state for such costs and expenses incurred by the treasurer in serving as trustee, including:

 

(1)  Costs and expenses incurred in connection with the establishment and commencement of the trust;

 

(2)  To compensate any private vendor or vendors selected to provide services to the trust;

 

(3)  To defray any other costs and expenses incurred by the trust, including costs and expenses incurred in connection with the establishment and commencement of the trust; or

 

(4)  For such other purposes as the commission shall from time to time determine to further the purposes of the trust, as specified in Csp 301.01 and the scholarship programs described in Csp 600 and Csp 700.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 303.06  Distributions from Accounts.

 

          (a)  Contributions to accounts by any participant shall be voluntary.  The participant may terminate an account at any time in accordance with the provisions of the trust documents, and subject to the rules in this chapter.

 

          (b)  Participant shall submit a notice of distribution before the trustee makes a distribution from any account.  Such notice of distribution shall indicate the name and address of the designated beneficiary, the amount of the proposed distribution, and the nature of the purpose for the distribution.  A notice of distribution may propose a distribution of some or all of the funds held in the account.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 303.07  Termination of an Account.  Notwithstanding any other provision of these rules, the trustee shall terminate an account if he or she determines that the participant or the designated beneficiary has provided materially false or misleading information to the trust, a vendor to the trust charged with administrative duties for the plans, or an eligible educational institution.  Upon such a finding and a termination, the trustee shall assess a penalty equal to 10 percent of the account balance at the time of termination.  Any penalty assessed against an account pursuant to this paragraph shall be charged against the account and paid to the trustee.  The trustee shall pay the balance of funds remaining after such penalty assessment to the participant.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

PART Csp 304  ADMINISTRATION OF THE PLAN

 

          Csp 304.01  Trustee.  The trustee shall be responsible for the administration of the plan in accordance with the terms of the trust documents.  Except for the determinations expressly set forth in Csp 304.02, all determinations required with respect to the administration of the trust shall be made by the trustee in his or her sole discretion.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 304.02  Determinations Reserved for Commission Action.  All determinations set forth below shall be made by the trustee only upon approval of the commission in accordance with Csp 102:

 

          (a)  Establishing or amending the trust documents;

 

          (b)  Designing the marketing and promotional program for the plan;

 

          (c)  Designing all trademarks, service marks, trade names and other promotional indications for the plan;

 

          (d)  Selection of the investment vehicles for the plan;

 

          (e)  Selection of any private vendor to provide services to the plan;

 

          (f)  Establishing or amending any agreement between the trust and any private vendor;

 

          (g)  Designing any program to expend general funds held by the trust that are not held for the benefit of a designated beneficiary;

 

          (h)  Resolving any dispute concerning an interpretation of the terms of the trust documents that arise between the trustee and a participant or a designated beneficiary;

 

          (i)  Authorizing the payment of assessment proceeds to the treasurer to reimburse the treasurer for costs and expenses incurred as trustee; and

 

          (j)  Using any funds that the trustee determines are not required for the administration and operation of the trust.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 304.03  Private Vendors.  The trust shall enter into one or more agreements with a private vendor or vendors with respect to the establishment, operation and administration of the trust.  The private vendor or vendors shall provide such services as shall be specified in the agreements.  In negotiating such agreements, the trust shall negotiate specific, case by case, contract terms with each private vendor in order to advance the best interest of the trust, as specified in Csp 301.01.  After these negotiations are complete, the terms shall be approved by the commission then sent to the governor and executive council for their approval.  For purposes of these administrative rules, actions indicated as taken or to be taken by the “trustee” shall include actions taken by such a private vendor or vendors in accordance the terms of such agreements.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 304.04  Reports to Commission.  The trustee shall make quarterly reports regarding the status of the trust to the commission.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 304.05  Reports to State Library.  The commission shall make annual reports regarding the status of the trust to the state library.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 304.06  Confidentiality of Records.  All records of the trust identifying participants or designated beneficiaries, or amounts deposited, held or withdrawn with respect to individual accounts shall be confidential financial information.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16 

 

          Csp 304.07  Abandoned Accounts.  Abandoned accounts shall be subject to RSA 471-C.

 

Source.  #7083, eff 8-26-99, EXPIRED: 8-26-07

 

New.  #9585, eff 11-2-09; ss by #11097, eff 5-17-16

 

          Csp 304.08  Standard of Conduct.  No commission member shall:

 

          (a)  Use confidential information regarding the investments of the plan in a manner not exclusively in the interest of the plan, its participants and beneficiaries; 

 

          (b)  Buy or sell a security or other investment if the commission member knows that the plan is, or anticipates, buying, selling, or trading such security or other investment;

 

          (c)  Accept offers to buy, sell or trade in any security or other investment that the plan holds or intends to purchase on terms more favorable than those offered to similarly situated investors unrelated to the plan; and

 

(d)  Accept an extension of credit from an outside service provider, except and unless:

 

(1)  Such outside service provider extends credit to the general public in the ordinary course of its business; and

 

(2)  The terms of the extension of credit are no better than the terms normally offered to similarly situated borrowers unrelated to the plan.

 

Source.  #11097, eff 5-17-16

 

CHAPTER Csp 400  GOVERNOR’S SCHOLARSHIP PROGRAM

 

REVISION NOTE:

 

        Pursuant to 2019, 346:437, effective 7-1-19, the rules Stra 1100 on the Governor’s Scholarship Program were transferred from the Office of Strategic Initiatives, formerly the Office of Energy and Planning, to the College Tuition Savings Plan Advisory Commission (Commission).  The rules “shall continue in effect and shall be enforced by the commission until such rules expire or are repealed or amended in accordance with applicable law.”  The Commission was granted rulemaking authority under RSA 4-C:34, IV pursuant to 346:446, effective 7-1-19.

 

          The Commission subsequently filed Document #13144, effective 12-9-20, which readopted with amendments and renumbered Chapter Stra 1100 as Chapter Csp 400.  Chapter Csp 400 replaced all prior filings for rules under the former Chapter Stra 1100.  The prior filings affecting the former Chapter Stra 1100 included the following documents:

 

                  #12446, INTERIM, effective 1-3-18

                  #12550, effective 6-19-18

 

PART Csp 401  PURPOSE AND SCOPE OF THE PROGRAM

 

          Csp 401.01  Purpose.  The governor’s scholarship program is designed to provide financial assistance to eligible high school graduates or recent high school graduates who meet the definition of eligible student set forth in Csp 402.05 to attend an eligible postsecondary educational or training program of their choice within the state of New Hampshire.  The program provides scholarships which a recipient applies to the direct costs of an education at a participating postsecondary institution.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          PART Csp 402  DEFINITIONS

 

          Csp 402.01  “Commission” means the college tuition savings plan advisory commission established in RSA 195-H:2.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.02  “Direct costs” means the participating postsecondary institution’s determined cost of attendance based on federal regulations associated with the Pell Grant program.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.03  “Eligible institution” means “eligible institution” as defined in RSA 4-C:31,II, namely “a postsecondary educational institution or training program within the university system of New Hampshire as defined in RSA 187-A, a postsecondary educational institution within the community college system of New Hampshire as defined in RSA 188-F, or a private postsecondary institution approved to operate in this state that:

 

          (a)  Is approved by the higher education commission pursuant to RSA 21-N:8-a and accredited by the New England Commission of Higher Education; and


          (b)  Is a not-for-profit organization eligible to receive federal Title IV funds”.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.04  “Eligible program” means any eligible associate degree program, any eligible bachelor’s degree program, or any eligible certificate program offered by participating institutions.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.05  “Eligible student” means “eligible student” as defined in RSA 4-C:31, III, namely “a first-year, full-time, Pell Grant-eligible student who meets the eligibility and residency requirements of RSA 4-C:33. "First-year" means a student who has never enrolled in an eligible institution”.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.06 “Expected family contribution” means the amount, determined by a formula established in Part F of Title IV of the Higher Education Act of 1965, as amended, that a student and his or her spouse and family are expected to contribute toward the student’s cost of attendance.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.07  “Full time student” means  “full time student” as defined in RSA 4-C:31,IV, namely “an enrolled student who is carrying an academic course load that is determined to be full  time by the eligible institution based on a standard applicable to all students enrolled in a particular educational program. The student's course load may include any combination of courses, work, research, or special studies that the eligible institution considers sufficient to classify the student as full time”.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.08  “Governor’s scholarship fund” means the governor’s scholarship fund established in RSA 4-C:32.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.09 “Participating postsecondary institution” means an eligible postsecondary institution which has executed a participation agreement with the commission.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.10 “Participation agreement” means an agreement between a participating postsecondary institution and the commission entered into pursuant to the provisions of Csp 408.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.11  “Public academy” means an independent school which contracts with one or more school districts to provide education services to such districts in compliance with RSA 194:23.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

Csp 402.12  “Scholarship” means a governor’s scholarship awarded pursuant to Csp 400 and RSA 4-C:31-34.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 402.13  “Scholarship program” means the governor’s scholarship program.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 403  ELIGIBILITY

 

          Csp 403.01  Scholarship Recipient Eligibility.

 

          (a)  Any person who is eligible to receive a Pell Grant and is pursuing or will pursue, as a first-time, full time student with continuous enrollment beginning in the fall of 2018 or later, an eligible program degree at a participating postsecondary institution, and who meets the requirements in Csp 403.01 (b)-(e), shall be eligible for a scholarship.

 

          (b)  A person shall meet the residency requirements listed in RSA 4-C:33, I (a)-(d), which shall be verified annually by the applicable participating postsecondary institution using either:

 

(1)  A valid New Hampshire driver’s license for the parent, guardian, or eligible student;

 

(2)  A New Hampshire vehicle registration for the parent, guardian, or eligible student;

 

(3)  A New Hampshire non-driver photo identification for the parent, guardian, or eligible student;

 

(4)  An armed services identification, or other photo identification issued by the United States government for the parent, guardian, or eligible student;

 

(5)  The eligible student’s “Free Application for Federal Student Aid” form; or

 

(6)  Any other documentation or actions by a person who is domiciled in New Hampshire and who if temporarily absent, demonstrates an intent to maintain New Hampshire residency indefinitely and to return to New Hampshire, coupled with an act or acts consistent with that intent.

 

          (c)  A person shall not have been adjudicated delinquent or convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state, or under the laws of the United States, except that an otherwise eligible person who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to a second or subsequent alcohol or drug-related misdemeanor offense shall be eligible or continue to be eligible for a scholarship after the expiration of one academic year from the date of adjudication, conviction, or plea.  The participating postsecondary institution shall verify this component of eligibility by using the eligible’ person “Free Application for Federal Student Aid” form.  Verification by the participating postsecondary institution shall be completed by June 1st.

 

          (d)  A person shall have either graduated from high school, or equivalent home school program accepted by the New Hampshire board of education or obtained a New Hampshire high school equivalency certificate based on the HiSet test or other high school equivalency test accepted by the New Hampshire board of education no more than 3 years prior to his or her application for a scholarship.

 

          (e)  A person shall meet the qualifications for academic performance as set forth in Csp 406.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 403.02  Institution Eligibility. 

 

          An eligible institution wishing to participate in the scholarship program shall:

 

          (a)  Enter into a participation agreement with the commission, as described in Csp 408, and provide a certificate of authority stating who is authorized to sign on behalf of the institution;

 

          (b)  Make available to the commission annually, by November 1st, the number of full-time undergraduate New Hampshire residents who are enrolled in the institution; and

 

          (c)  Provide documentation confirming that as a private postsecondary institution:

 

(1)  It has been approved to operate in the state by the higher education commission pursuant to RSA 21-N:8-a;

 

(2)  It is eligible to receive federal Title IV funds;

 

(3)  It has been accredited by the New England Commission of Higher Education; and

 

(4)  It is exempt under section 501(c) of the U.S. Internal Revenue Code.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 403.03  Compliance.  In order for a participating postsecondary institution to continue its eligibility in the governor’s scholarship program, the participating postsecondary institution shall submit annually by  June 1, a letter to the commission certifying that the institution remains in compliance with the requirements outlined in Csp 400 and shall attest to the validity of all information gathered by the participating postsecondary institution for the determination of student eligibility having signed the participation agreement set forth in Csp 408.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 404  FUNDING ALLOCATIONS FOR ELIGIBLE PROGRAMS

 

          Csp 404.01  Eligible Programs.  The commission shall determine annual funding allocations for each eligible institution. Eligible bachelor’s degree program shall be limited to 4 years. Eligible associate degree programs shall be limited to 2 years. Eligible certificate programs shall be limited to one year.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 404.02  Funding Allocations. 

 

          (a)  The commission shall determine annually the total amount available for awards in the upcoming academic year and shall create allocations based on a formula to be recalculated each November for the subsequent academic year.

 

          (b)  The formula, as calculated by the commission, shall be based on the total full time undergraduate enrollment of New Hampshire residents, as reported by eligible institutions on or before November 1st.

 

          (c)  The participating institution’s allocation percentage shall be determined by dividing the institution’s total full time undergraduate New Hampshire enrollment by the sum of the full time undergraduate New Hampshire enrollment of all participating institutions.

 

          (d)  Each participating institution’s allocation shall be equal to the institution’s percentage multiplied by the total funds available for distribution.

 

          (e)  Notwithstanding the forgoing, scholarship funds shall be distributed to a participating institution based on the number of eligible students awarded a scholarship and upon receipt of a request for reimbursement for such scholarship funds accompanied by appropriate documentation as described in Csp 407.04.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 405  SCHOLARSHIP AWARDS

 

Csp 405.01  New Hampshire Scholar Designation.  Eligible students who are determined by their awarding postsecondary institution to be on track to receive a New Hampshire scholar designation in the second semester of their senior year of high school shall be considered to have earned the New Hampshire scholar designation for purposes of a scholarship award.  If an eligible student who is awarded a scholarship of $2,000.00 per year fails to earn the New Hampshire scholar designation, that student’s scholarship shall be reduced to $1,000.00 per year.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 405.02  Eligible Students.  Any eligible student who earns the New Hampshire scholar designation and meets the academic standards set forth in Csp 406.01 shall be eligible for a scholarship award of $2,000.00 per year for the length of their program which shall not exceed 4 years.  All other eligible students who meet the academic standards set forth in Csp 406.02 shall be eligible for a scholarship award of $1,000.00 per year for the length of their program which shall not exceed 4 years.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 405.03  Direct Costs.  Scholarship awards may only be used to cover direct costs associated with an eligible program. Eligible students shall not receive the cash equivalent of a governor’s scholarship.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 405.04  Award Transfer.  An eligible student shall not transfer his or her governor’s scholarship award to another postsecondary institution, unless the eligible student initially attends a community college and then transfers directly to a participating eligible institution without a break in attendance.  Such student shall remain an eligible student for a maximum of 4 years of total eligibility.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 405.05  Scholarship Award.  Scholarships shall be awarded in a lump sum to the eligible student for the entire length of the eligible program consistent with Csp 407, to be held by the commission to be disbursed by the awarding participating postsecondary institution on an annual, semester, trimester, or quarterly basis on a date set by the awarding institution. An eligible student shall receive a governor’s scholarship award after the student has earned 100% of Title IV aid in order to earn 100% of governor’s scholarship program funds for each term. Eligible students shall be awarded only a single scholarship by the governor’s scholarship program, except that a student who transfers from a New Hampshire community college to an eligible institution without a break in attendance shall have his or her 2-year scholarship extended to 4 years to allow for completion of the 4-year institution as provided in Csp 405.04.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 406  ACADEMIC STANDARDS

 

          Csp 406.01  New Hampshire Scholar GPA Requirement.  Scholarship recipients who have earned the New Hampshire scholar designation and received a scholarship award of $2,000.00 per year shall maintain at least a 2.5 cumulative GPA, verified by the participating postsecondary institution on an annual basis in order to retain their scholarship.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 406.02  Non New Hampshire Scholar GPA Requirement.  Scholarship recipients who have a received a scholarship award of $1,000.00 per year shall maintain at least a 2.0 cumulative GPA, verified by the institution on an annual basis in order to retain their scholarship.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 406.03  Verification.  Participating postsecondary institutions shall be responsible for verifying, on an annual basis, that each of their scholarship recipients are meeting the academic standards required in Csp 406.01 and Csp 406.02 using the participating postsecondary institution’s academic reports.  If at the time of annual verification a scholarship recipient fails to meet the academic standards set forth in Csp 406.01, the recipient’s scholarship amount shall be adjusted by the participating postsecondary institution to the amount with the same requirements listed in Csp 406.02.  If at the time of annual verification a scholarship recipient fails to meet the academic standards set forth in Csp 406.02, then any remaining portion of that recipient’s scholarship award shall be forfeited and if any funds for the benefit of that recipient were distributed to the participating postsecondary institution, funds shall be returned to the governor’s scholarship fund. Verification of academic standards shall be completed by the participating postsecondary institution by June 1st.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 407  DISTRIBUTION PROCEDURES

 

          Csp 407.01  Responsibilities of Participating Postsecondary Institutions.  Scholarships shall be awarded and distributed by the participating postsecondary institution.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 407.02  Financial Aid Package.  Participating postsecondary institutions shall include a scholarship in a student’s annual financial aid package and shall meet the requirements established in Csp 407.04 if subsequent reimbursement is sought from the commission.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 407.03  Establishment of Procedures by the Participating Institution.  Each participating postsecondary institution may establish its own procedures for awarding and distributing scholarships consistent with Csp 400, RSA 4-C:31-34, and the provisions of the institution’s participation agreement.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 407.04  Reimbursement. 

 

          (a)  Each participating postsecondary institution shall submit a reimbursement request for the number of eligible students enrolled in the current semester or term who are receiving a scholarship and a list of scholarship recipients to the commission on or before November 30th and April 30th of each academic year.

 

          (b)  The list of scholarship recipients shall include:

 

(1)  Student name;

 

(2)  State of residency;

 

(3)  Expected family contribution;

 

(4)  Whether the student earned the New Hampshire scholar designation in high school;

 

(5)  Whether the student transferred from a community college and remained eligible for a scholarship;

 

(6)  Cumulative grade point average achieved in the prior academic year and used to verify the student eligibility;

 

(7)  Award year or year when the student was first awarded the scholarship;

 

(8)  Whether the reimbursement is a fall or spring reimbursement;

 

(9)  Amount awarded; and

 

(10)  Amount requested for reimbursement.

 

          (c)  Within 30 days of each submittal date, the commission shall reimburse each participating postsecondary institution for half of the scholarship amount awarded to each student in the applicable academic year.

 

          (d)  In the event the state does not reimburse the participating eligible institution for scholarship amounts paid to an eligible student receiving a scholarship, the eligible institution shall agree not to seek additional payments from the eligible student and to absorb the loss of funds without any consequences to the eligible student.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

          Csp 407.05  Reimbursement Procedures for Accelerated Programs.  Participating postsecondary institutions that offer an eligible program that takes less than a semester or an academic year shall seek full reimbursement consistent with Csp 407.04.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 408  PARTICIPATION AGREEMENTS

 

Csp 408.01  Participation Agreements.  Each participating postsecondary institution shall, as a condition of participating in the program, enter into a participation agreement with the commission which provides, that:

 

          (a)  Scholarship awards shall not be used to replace any merit or need-based scholarships or grants that would otherwise have been provided to a student.  Formal institutional aid programs may, but shall not be required to, use scholarship awards to meet or exceed the full cost of tuition;

 

          (b)  The participating postsecondary institution shall meet all the requirements described in Csp 406.04 for scholarship funds reimbursement.  The participating postsecondary institution shall not seek reimbursement from any student if the commission fails to reimburse the institution for any scholarship award funds;

 

          (c)  The participation agreement may be terminated by either party upon 90 days’ notice to the other party;

 

          (d)  The participating postsecondary institution shall be responsible for verifying that a scholarship recipient meets all requirements set forth in Csp 400 and RSA 4-C:31-34;

 

          (e)  The participating postsecondary institution shall market the program to all of the institution’s prospective students. The participant shall ensure that such marketing shall be both reasonable and effective. Such marketing shall indicate that students might be eligible for the program and that awards are not guaranteed; and

 

          (f)  The participating institution shall not discriminate in the awarding of scholarships on the basis of race, religion, creed, color, national origin, dependents, gender, marital status, sexual orientation, age, genetic history, honorably discharged veteran or military status, disability, or use of a trained dog guide or service animal.

 

Source.  #13144, eff 12-9-20 (see Revision Note at chapter heading for Csp 400)

 

PART Csp 500 – RESERVED

 

CHAPTER Csp 600  NEW HAMPSHIRE COLLEGE TUITION SAVINGS PLAN UNIQUE ANNUAL ALLOCATION PROGRAM

 

PART Csp 601  GRANT ADMINISTRATION

 

          Csp 601.01  Purpose and Scope of Program.  The New Hampshire college tuition savings plan UNIQUE annual allocation program (UAAP), has been designed as one method to fulfill the statutory obligation in RSA 6:38, to provide increased, equal access and choice for deserving, needy New Hampshire residents seeking the benefits of postsecondary education at a New Hampshire institution.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

          Csp 601.02  Definitions.

 

          (a)  "Academic year" means a period of time within the fiscal year starting July 1 and ending the following June 30th, during which a full-time undergraduate student is expected to complete at least 24 semester or trimester hours or 36 quarter hours in an educational program whose length is measured in credit hours.

 

          (b)  "Academically qualified student" means an undergraduate student who meets satisfactory academic progress as determined by the institution.

 

          (c)  “Allocation” means the annual allocation that is received by the participating institution under the New Hampshire UAAP.

 

          (d)  “Allocation agreement” means an agreement signed by an eligible institution’s authorizing official that has met the criteria as specified in Csp 601.04 and has been accepted by the commission.

 

          (e)  “Authorized official” means the officer of the eligible institution designated by the institution’s board of trustees who is authorized to enter into an allocation agreement with the commission within the state of New Hampshire.

 

          (f)  “Award” means scholarships granted to eligible students as specified in Csp 602.

 

          (g)  "Central processing system (CPS)" means the U.S. Department of Education's processing facility for Free Application for Federal Student Aid application data.

 

          (h)  "Clock hour" means a period of instruction as defined in 34 CFR 600.

 

          (i)  "Commission" means the New Hampshire college tuition savings plan advisory commission.

 

          (j)  "Cost of attendance" means the cost of education as determined by the institution under the provisions of the Higher Education Act of 1965, as amended.

 

          (k)  “Distribution formula” means the formula used to distribute funds to eligible institutions under this program as specified in Csp 602.01.

 

          (l)  "Eligible institution" means an institution who meets the criteria specified in Csp 601.04.

 

          (m)  "Eligible program" means a legally authorized undergraduate postsecondary program of organized instruction offered by an eligible institution which:

 

(1)  Is at least one academic year or its equivalent in length; and

 

(2)  Leads to one of the following:

 

a.  An academic or vocational degree; or

 

b.  Other educational credential recognized by the United States Secretary of Education.

 

          (n)  "Eligible student" means a student qualified for an award under the New Hampshire UAAP.

 

          (o)  "Expected family contribution (EFC)" means the amount, determined by a formula established in 34 CFR 668.52, that a student and his or her spouse and family are expected to contribute toward the student's cost of attendance.

 

          (p)  "Financial need" means the difference between a student's cost of attendance and his or her EFC.

 

          (q)  “Fiscal year” means the state of New Hampshire’s fiscal year, July 1 through June 30.

 

          (r)  "Full-time student" means an enrolled student as defined in 34 CFR 668.

 

          (s)  "New Hampshire resident" means resident of the state as defined by RSA 21:6. 

 

          (t)  “Participating institution” means an eligible institution which has executed an allocation agreement with the commission.

 

          (u)  "Part-time student" means a student enrolled in an eligible institution and carrying an academic workload that amounts to at least one-half the workload of a full-time student, as determined by the institution.

 

          (v)  “Satisfactory academic progress” means the written standards of an eligible institution that a student is required to meet in order to be eligible to receive federal student aid.

 

          (w)  "Undergraduate student" means a student at an institution of higher education as defined in 34 CFR 674.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

          Csp 601.03  Institutional Application.

 

          (a)  To participate in the New Hampshire UAAP, each eligible institutional applicant shall complete an allocation agreement as prescribed by the commission.

 

          (b)  The institutional applicant shall supply the following information on the allocation agreement:

 

(1)  The name and address of the institution; and

 

(2)  The name and title of institution’s authorized official.

 

          (c)  The institution’s authorized official shall sign and date the allocation agreement.

 

          (d)  The institution shall also submit:

 

(1)  A current certificate of good standing issued by the New Hampshire secretary of state; and

 

(2)  A certificate of authority stating who is authorized to sign on behalf of the institution.

 

Source.  #7339, eff 8-3-00; ss by #8622 eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

 

          Csp 601.04  Institutional Eligibility.  An eligible institution under this program shall:

 

          (a)  Be approved, chartered or licensed by the state to provide an education degree program at a minimum at the undergraduate level;

 

          (b)  Have its main campus within the boundaries of the state of New Hampshire;

 

          (c)  Meet all the rules of eligibility as regards an institution of higher education under federal regulations under 34 CFR 600;

 

          (d)  Be regionally or nationally accredited by a U.S. Department of Education recognized accrediting agency established under the guidelines set out in 34 CFR 602;

 

          (e)  Be deemed eligible to receive federal funds under the Pell grant program by the United States Secretary of Education;

 

          (f)  Submit annually by June 1, a letter to the commission certifying that the institution remains in compliance with the eligibility requirements of Csp 601.04(a)-(e) and current documentation included in Csp 601.03(d)(1)-(2);

 

          (g)  Make available to the commission annually, by November 1st, the number of full-time and part-time undergraduate New Hampshire residents who are enrolled in the institution;

 

          (h)  Meet all the conditions for requesting additional funds pursuant to Csp 601.05(c); and

 

          (i)  Report on the status of the UAAP as provided in Csp 601.05(d).

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 4-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

          Csp 601.05  Conditions of Allocations to Institutions.

 

          (a)  Allocations to institutions under the New Hampshire UAAP shall be made only to eligible institutions within the state which shall have executed an allocation agreement with the commission, provided a certificate of good standing and certificate of authority, and meet all the requirements of Csp 601.04.

 

          (b)  The commission shall make funds available to the eligible institutions based upon the distribution formula as described in Csp 602.01 and shall grant additional funds if the institutions comply with Csp 601.05(c).

 

          (c)  Participating institutions distributing awards in an amount exceeding the UAAP funds allocated in July shall apply for reimbursement and provide annually, by April 30, a report on the status of the UAAP.

 

          (d)  The report in (c) shall include the following information for each scholarship recipient:

 

(1)  His or her name and state of residency;

 

(2)  The period of attendance;

 

(3)  His or her enrollment status, either full time or part-time, during the period of attendance;

 

(4)  The amount of the award; and

 

(5)  The expected family contribution.

 

          (e)  All participating institutions shall provide annually, by October 15 following the end of the fiscal year for which an allocation has been distributed, a final report on the status of the UAAP, including all the information listed in Csp 601.05(d).

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

PART Csp 602  ALLOCATION PROCEDURES

 

          Csp 602.01  Allocations to Participating Institutions.

 

          (a)  The commission shall allocate funds to eligible institutions based on the distribution formula, which is recalculated each November and used to determine the initial institutional allocations for the subsequent fiscal year.

 

          (b)  The commission shall determine annually, the total amount available for initial and subsequent allocation in the upcoming fiscal year, the maximum EFC, the date of receipt of the Free Application for Federal Student Aid (FAFSA) by the federal processor and the amount of the individual student award.

 

          (c)  Initial institutional allocations shall be distributed in July of each fiscal year.

 

          (d)  The distribution formula, as calculated by the commission, shall be based on the total full-time equivalent (FTE) undergraduate enrollment of New Hampshire residents, as reported by the eligible institution on or before November 1st.

 

          (e)  Total FTE undergraduate New Hampshire resident enrollment shall be calculated by adding the full-time undergraduate New Hampshire resident enrollment to the total part-time FTE undergraduate New Hampshire resident enrollment. The part-time enrollment figure is multiplied by a factor used by the U.S. Department of Education’s National Center for Educational Statistics (NCES), as defined by the glossary for the IPEDS surveys, to compute the FTE for the part-time enrollment figure.

 

          (f)  The participating institution’s initial allocation distribution percentage shall be determined by dividing the institution’s total FTE undergraduate New Hampshire enrollment by the sum of the FTEs of all participating institutions.

 

          (g)  Each participating institution’s initial allocation shall be equal to the institution’s distribution percentage multiplied by the total funds available for initial distribution.

 

          (h) Additional funds requested pursuant to Csp 601.05(c) and approved by the commission shall be paid by June 30 of the fiscal year for which an initial allocation has been distributed.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-01-08; ss by #11098, eff 5-17-16

 

          Csp 602.02  Awards to Individual Students.

 

          (a)  Awards to students made under this program shall be designated as UNIQUE scholarships.

 

          (b)  Awards made under the New Hampshire UAAP shall be made only to academically qualified, needy, residents of the state pursuing eligible programs at eligible postsecondary institutions.

 

          (c)  Award recipients shall:

 

(1)  Have an EFC no higher than the amount most recently determined pursuant to Csp 602.01(b);

 

(2)  Be eligible to receive aid under the federal Title IV programs; and

 

(3)  Be enrolled as a full-time or part-time undergraduate student as defined in Csp 601.02 during the academic year or its equivalent.

 

          (d)  Disbursement of awards under this program shall be made as indicated in Csp 602.02 (g).  No student shall receive more than the equivalent of 4 full-time academic years worth of awards, as defined in Csp 601.02(a).  Awards for a student shall not be required to be consecutive.

 

          (e)  Awards under this program shall be treated by the institution in the same manner as the state grants for purposes of financial aid packaging.

 

          (f)  Any funds received by the institution that remain after all eligible undergraduate students have been awarded shall be returned to the endowment trust fund established in RSA 6:38 prior to the end of the fiscal year.

 

          (g)  Grants may be used to attend summer sessions or other sessions of shorter duration than a semester, but the total amount of grant award for the academic year or its equivalent shall not exceed the award amount determined by the commission for the fiscal year.

 

Source.  #7339, eff 8-3-00; ss by 8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

PART Csp 603  RESIDENCY REQUIREMENTS

 

          Csp 603.01  Definitions.

 

          (a)  New Hampshire resident” means a student who is a resident as defined in Csp 601.02(s).

 

          (b)  "Parent" means a person's:

 

(1)  Father or mother;

 

(2)  If one parent has custody of an unemancipated person, the parent having custody; or

 

(3)  A guardian or legal custodian provided that there are no circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person.

 

          (c)  "Residence" means a place of abode or domicile as defined in RSA 21:6-a.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

          Csp 603.02  Eligibility.

 

          (a)  A student shall be eligible for purposes of the New Hampshire UAAP if he or she has been a resident of the state for 12 consecutive months immediately preceding the term for which in-state status is awarded.

 

          (b)  No person shall be eligible for in-state status unless his or her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education.

 

          (c)  In all cases of application for in-state status for UAAP, the burden of proof shall be on the applicant.

 

          (d)  No unemancipated person shall be eligible for in-state status unless his or her parents have established a domicile in this state.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

          Csp 603.03  Domicile Determination.

 

          (a)  All evidence relevant to determining domicile shall be considered.

 

          (b)  The following shall be indicia of domicile in New Hampshire or outside of New Hampshire, but shall not be exclusive, and the applicant may submit other evidence:

 

(1)  Payment or non-payment of any tax levied by the state or any political subdivision on persons resident or domiciled therein;

 

(2)  Residence reported on any federal or state tax return;

 

(3)  Registration of one's automobile;

 

(4)  State issuing one's driver's license;

 

(5)  Receipt of support in whole or in part from parents who are domiciled outside the state of New Hampshire;

 

(6)  Voting residence;

 

(7)  Claim by any non-resident parent that the applicant is a dependent for tax or any other financial purposes;

 

(8)  The filing of any claim for benefits under any policy of insurance or any federal, state, or local benefit legislation based on domicile outside the state of New Hampshire; and

 

(9)  Status in some other state which would qualify a person for in-state tuition in that state.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

          Csp 603.04  Emancipation Determination.

 

          (a) The following shall be indicia of emancipation, but shall not be exclusive, and an applicant may submit other evidence:

 

(1)  Lack of financial support of the student by the parent;

 

(2)  Lack of contribution to the parent of any earnings or other income received by the student;

 

(3)  Failure of the parent to claim the student as a dependent on the parent's income or other tax returns;

 

(4)  Establishment by the student of a domicile separate and apart from that of the parent; and

 

(5)  Failure of the student to return to the home of the parent during vacations.

 

Source.  #7339, eff 8-3-00; ss by #8622, eff 5-4-06; ss by #9220, eff 8-1-08; ss by #11098, eff 5-17-16

 

CHAPTER Csp 700  NEW HAMPSHIRE COLLEGE TUITION PLAN UNIQUE ENDOWMENT ALLOCATION PROGRAM

 

PART Csp 701  PROGRAM ADMINISTRATION

 

          Csp 701.01  Purpose and Scope of Program.  The New Hampshire college tuition savings plan UNIQUE endowment allocation program (UEAP), has been designed as one method to fulfill the statutory obligation in RSA 6:38, to provide eligible New Hampshire institutions of higher education with endowment allocations, the earnings from which shall be used to provide awards to New Hampshire residents who are attending the participating institution.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 701.02  Definitions.

 

          (a)  “Academically qualified student” means an undergraduate or graduate student who meets satisfactory academic progress as determined by the institution.

 

          (b)  “Allocation” means the annual endowment allocation that is received by the participating institution under the New Hampshire UEAP.

 

          (c)  “Allocation agreement” means an agreement signed by an eligible institution’s authorizing official which has met the criteria set by and has been accepted by the commission.

 

          (d)  “Authorized official” means the officer of the eligible institution designated by the institution’s board of trustees who is authorized to enter into an allocation agreement with the commission within the state of New Hampshire.

 

          (e)  “Award” means scholarships granted to eligible students as specified in Csp 702.

 

          (f)  “Commission” means the New Hampshire college tuition savings plan advisory commission.

 

          (g)  “Cost of attendance” means the cost of education as determined by the institution under the provisions of the Higher Education Act of 1965, as amended.

 

          (h)  “Distribution formula” means the formula that is used by the commission to determine the amount of the institutional endowment allocation under this program as specified in Csp 702.01.

 

          (i)  “Eligible institution” means an institution which meets the specifications in Csp 701.04.

 

          (j)  “Eligible student” means a student qualified for an award under the New Hampshire UEAP program as specified in Csp 702.02(b).

 

          (k)  “Expected family contribution (EFC)” means the amount, determined by a formula established in 34 CFR 668.52, that a student and his or her spouse and family are expected to contribute toward the student’s cost of attendance.

 

          (l)  “Financial need” means the difference between a student’s cost of attendance and his or her EFC.

 

          (m)  “Fiscal year” means the state of New Hampshire’s fiscal year, July 1 through June 30.

 

          (n)  “Full time student” means an enrolled student as defined in 34 CFR 668.

 

          (o)  “Graduate student” means a student enrolled in a graduate course of study at an eligible institution.

 

          (p)  “Merit” means that in the judgment of the participating institution a student exhibits a high level of achievement in at least one of the following areas:

 

(1)  Scholarship;

 

(2)  Leadership; or

 

(3)  Community service.

 

          (q)  New Hampshire resident” means a resident of the state as defined by RSA 21:6.

 

          (r)  “Participating institution” means an eligible institution which has executed an endowment allocation agreement with the commission.

 

          (s)  “Part-time student” means a student enrolled in an eligible institution and carrying an academic workload that amounts to at least one-half the workload of a full-time student as determined by the institution.

 

          (t)  “Satisfactory academic progress” means the written standards of an eligible institution that a student is required to meet in order to be eligible to receive federal student aid.

 

          (u)  “Undergraduate student” means a student enrolled in an undergraduate course of study at a participating institution who:

 

(1)  Is in an undergraduate course of study which usually does not exceed 4 academic years, or is enrolled in a 4 to 5 academic year program designed to lead to a first degree; or

 

(2)  Is a student enrolled in a program of any other length is considered an undergraduate student for only the first 4 academic years of that program.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 701.03  Institutional Application.

 

          (a)  Each institutional applicant seeking to participate in the UEAP shall complete and execute an endowment allocation agreement;

 

          (b)  The institutional applicant shall supply the following information on the allocation agreement:

 

(1)  The name and address of the institution; and

 

(2)  The name and title of the institution’s authorized official.

 

          (c)  The institution’s authorized official shall sign and date the endowment allocation agreement;

 

          (d)  The institution shall also submit:

 

(1)  A current certificate of good standing issued by the New Hampshire secretary of state;

 

(2)  A certificate of authority stating who is authorized to sign on behalf of the institution;

 

(3)  A letter of exemption under section 501(c) of the U.S. Internal Revenue Code; and

 

(4)  A letter confirming accreditation by the New England Association of Schools and Colleges (NEASC).

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 701.04  Institutional Eligibility.  An eligible institution under this program shall:

 

          (a)  Be approved, chartered or licensed by the state to provide an education degree program at a minimum at the undergraduate level;

 

          (b)  Have its main campus within the boundaries of the state of New Hampshire;

 

          (c)  Be a public or private not-for-profit institution;

 

          (d)  Be accredited by NEASC;

 

          (e)  Meet all the rules of eligibility as regards an institution of higher education under federal regulations under 34 CFR 600;

 

          (f)  Submit annually by June 1, a letter to the commission certifying that the institution remains in compliance with the eligibility requirements of Csp 701.04(a)-(e) and current documentation included in Csp 701.03(d)(1)-(4);

 

          (g)  Make available to the commission annually, by November 1st, the number of full-time and part-time New Hampshire residents who are enrolled in the institution; and

 

          (h)  Report on the status of the UEAP as provided in Csp 701.05(e).

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 701.05  Conditions of Allocations to Institutions.

 

          (a)  Allocations to institutions under the UEAP shall be made only to eligible institutions within the state which shall have executed an endowment allocation agreement with the commission and provided a certificate of good standing and certificate of authority.

 

          (b)  The commission shall make funds available to the participating institutions based upon the endowment distribution formula as described in Csp 702.01.

 

          (c)  The participating institution shall invest the allocated funds in a restricted endowment, the earnings from which shall be used exclusively to provide awards to eligible students, and such funds shall not be used to defray any costs incurred in connection with the administration of the UEAP or any other program;

 

          (d)  The grantee shall distribute such awards to eligible students at an amount at least equal to 4% of the restricted endowment account balance annually, subject to RSA 292-B, Uniform Prudent Management of Institutional Funds Act (UPMIFA) or other regulatory restrictions.

 

          (e)  Participating institutions shall provide annually, by October 15 following the end of the fiscal year for which an allocation has been distributed, a report on the status of the UEAP.

 

          (f)  The report shall include the following:

 

(1)  The name and address of the institution;

 

(2)  The name of the authorized official;

 

(3)  The dollar value of the restricted endowment as of June 30 of the prior year;

 

(4)  The dollar value of the restricted endowment as of June 30 of the current year;

 

(5)  The number, range and mean of the awards for the previous fiscal year;

 

(6)  The total dollars awarded for the previous fiscal year; and

 

(7)  Name of recipients and their EFC.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

PART Csp 702  ALLOCATION PROCEDURES

 

          Csp 702.01  Allocations to Participating Institutions.

 

          (a)  The commission shall allocate funds to participating institutions based on the endowment distribution formula, which shall be recalculated each November and used to determine the institutional endowment allocations for the subsequent fiscal year.  The initial allocations shall be made on the basis of November 2004 information, as defined in Csp 702.01(e) and shall apply to the fiscal year beginning July 1, 2005 for all institutions who have executed the endowment agreement by April 1, 2006;

 

          (b)  The total amount available for endowment allocations to participating institutions shall be 80% of gross proceeds from assessments collected pursuant to Csp 303.05;

 

          (c)  Institutional allocations shall be made on a monthly basis with the funds available from the previous month to be allocated no later than 15 days into the subsequent month;

 

          (d)  The endowment distribution formula shall be based upon the total full-time equivalent (FTE) undergraduate enrollment of New Hampshire residents and a cost factor based upon the full-time undergraduate tuition and mandatory fees charged to New Hampshire residents; and

 

          (e)  The endowment distribution formula shall be determined and applied in the following manner:

 

(1)  Enrollment numbers provided by each participating institution annually on or before November 1st, as required by Csp 701.04 (g), and the tuition and fees submitted by the institution, as required by the U.S. Department of Education, on the Integrated Postsecondary Education Data System (IPEDS) institutional characteristics survey, 20 U.S.C. 1094, section 487 (a) (17), shall be used in the distribution formula;

 

(2)  Total FTE undergraduate New Hampshire resident enrollment shall be calculated by adding the full-time undergraduate New Hampshire resident enrollment to the part-time FTE undergraduate New Hampshire resident enrollment.  The part-time enrollment figure shall be multiplied by a factor used by the U.S. Department of Education’s National Center for Educational Statistics (NCES), as defined by the glossary for the IPEDS surveys to compute the FTE for the part-time enrollment figure;

 

(3)  This cost factor shall be computed by adding the value of the institution’s tuition for full-time undergraduate New Hampshire residents to the value of the mandatory fees charged to full-time undergraduate New Hampshire residents;

 

(4)  The cost ratio for each institution shall then be calculated by assigning a cost ratio value of 1.0 to the institution having the lowest cost factor and then dividing the cost factor at all other participating institutions by the cost factor of this institution to yield a value above 1.0 for all other institutions.  Regardless of the computed cost ratio for a given institution, the cost ratio used in the distribution formula shall be capped at 3.0;

 

(5)  The participating institution’s annual endowment distribution  percentage shall be determined by dividing the product of the institution’s total FTE undergraduate New Hampshire enrollment and its cost ratio by the sum of the products of all the participating institutions;  and

 

(6)  Each participating institution’s endowment allocation shall be equal to its annual endowment distribution percentage multiplied times the proceeds available for distribution.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 702.02  Awards to Individual Students.

 

          (a) Awards to students made under this program shall be designated as UNIQUE endowment scholarships.

 

          (b)  Participating institutions shall select individual New Hampshire residents for the UNIQUE endowment scholarship who are enrolled either full-time or part-time in undergraduate or graduate programs; and

 

          (c)  The following criteria shall be applied by the participating institutions in making awards:

 

(1)  Individual awards shall be a minimum of $1,000;

 

(2)  Individual awards by participating institutions shall only be made to an undergraduate and graduate student who has an EFC equivalent to that which would make the student eligible to receive a federal Pell grant;

 

(3)  Recipients of individual awards shall be making satisfactory academic progress;

 

(4)  Recipients of individual awards shall be an academically qualified student in good academic standing;

 

(5)  Recipients shall be residents of New Hampshire as specified under Csp 703; and

 

(6)  The maximum individual award shall not exceed the cost of education.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

PART Csp 703  RESIDENCY REQUIREMENTS

 

          Csp 703.01  Definitions.

 

          (a)  New Hampshire resident” means a student who is a resident as defined in Csp 701.02 (q).

 

          (b)  “Parent” means a person’s:

 

(1)  Father or mother;

 

(2)  If one parent has custody of an unemancipated person, the parent having custody; or

 

(3)  A guardian or legal custodian provided that there are no circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person.

 

          (c)  “Residence” means a place of abode or domicile as defined in RSA 21:6-a.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 703.02  Eligibility.

 

          (a)  A student shall be eligible classified for purposes of the New Hampshire UEAP if he or she has been a resident of the state for 12 consecutive months immediately preceding the term for which in-state status is awarded.

 

          (b)  No person shall be eligible for in-state status unless his or her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education.

 

          (c)  In all cases of application for in-state status for UEAP purposes, the burden of proof shall be on the applicant.

 

          (d)  No unemancipated person shall be eligible for in-state status unless his or her parents have established a domicile in this state.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 703.03  Domicile Determination.

 

          (a)  All evidence relevant to determining domicile shall be considered.

 

          (b)  The following shall be indicia of domicile in New Hampshire or outside of New Hampshire, but shall not be exclusive, and the applicant may submit other evidence:

 

(1)  Payment or non-payment of any tax levied by the state or any political subdivision on persons resident or domiciled therein;

 

(2)  Residence reported on any federal or state tax return;

 

(3)  Registration of one's automobile;

 

(4)  State issuing one's driver's license;

 

(5)  Receipt of support in whole or in part from parents who are domiciled outside the state of New Hampshire;

 

(6)  Voting residence;

 

(7)  Claim by any non-resident parent that the applicant is a dependent for tax or any other financial purposes;

 

(8)  The filing of any claim for benefits under any policy of insurance or any federal, state, or local benefit legislation based on domicile outside the state of New Hampshire; and

 

(9)  Status in some other state which would qualify a person for in-state tuition in that state.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 703.04  Emancipation Determination.

 

          (a)  The following shall be indicia of emancipation, but shall not be exclusive, and an applicant may submit other evidence:

 

(1)  Lack of financial support of the student by the parent;

 

(2)  Lack of contribution to the parent of any earnings or other income received by the student;

 

(3)  Failure of the parent to claim the student as a dependent on the parent's income or other tax returns;

 

(4)  Establishment by the student of a domicile separate and apart from that of the parent; and

 

(5)  Failure of the student to return to the home of the parent during vacations.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

          Csp 703.05  Appeal of Residency Determination.  Any appeal of the determination of residency shall be made to the institution and shall be adjudicated by the institution’s published appeal process.

 

Source.  #8623, eff 5-4-06, EXPIRED: 5-4-14

 

New.  #11099, eff 5-17-16

 

 

APPENDIX

 

RULE

STATUTE

FEDERAL STATUTE IMPLEMENTED

 

 

26 U.S.C. Subtitle A,

Chapter 1, Subchapter F,

Part VIII, Section 

Csp 101.01(a)

RSA 195-H:4,I(b)(1)

529(b)(3)

Csp 101.01(b)

RSA 195-H:3,II

529(c)(3)(D)(i)

Csp 101.01(c)

RSA 195-H:2,I & 6:37

 

Csp 101.01(d)

 

529

Csp 101.01(e)

RSA 195-H:4,IV

 

Csp 101.01(f)

 

529(b)(1)(A)(i)

Csp 101.01(g)

RSA 6:37

529(e)(5)

Csp 101.01(h)

 

529(e)(2)

Csp 101.01(i)

RSA 195-H:5

529(b)(1)

Csp 101.01(j)

RSA 195-H:4,IV

529(b)

Csp 101.01(k)

RSA 195-H:4,IV

 

Csp 101.01(l)

 

529(c)(3)(B)(iv)

Csp 101.01(m)

 

529(e)(3)

Csp 101.01(n)

 

529(b)

Csp 101.01(o)

RSA 195-H:2(1)(a)(1)

 

Csp 101.01(p)

RSA 195-H:4,IV

529(b)

Csp 101.01(q)

RSA 195-H:4,IV

529(b)

Csp 101.01(r)

RSA 195-H:4,IV

529(b)

Csp 101.01(s)

RSA 195-H:4,IV

 

Csp 102.01

RSA 195-H:2

 

Csp 102.02

RSA 195-H:2

 

Csp 102.03

RSA 195-H:2,I(a)

 

Csp102.04(a)

RSA 541-H:16,I(a)

 

Csp 102.04(b)

541-H:16,I(a)

 

Csp 102.04(c)

RSA 195-H:2, III & 91-A:4

 

Csp 102.05

RSA 91-A:2 and 541-H:16,I(a)

 

Csp 102.06

RSA 91-A:2 and 541-H:16,I(a)

 

Csp 102.07

RSA 541-H:16,I(a)

 

Csp 102.08

RSA 541-H:16,I(a)

 

Csp 102.09

RSA 541-H:16,I(a)

 

Csp 103

RSA 541-A:16,I(a) & RSA 91-A:4

 

 

 

 

Csp 200

RSA 541-A:16, I(c) and (d)

 

 

 

 

Csp 301

RSA 195-H:4, IV

 

Csp 302.01

RSA 195-H:4, I (b)

529 (b) (3)

Csp 302.02

RSA 195-H:4, III

529 (b) (2)

Csp 302.03

 

529 (b) (6)

Csp 302.04

 

529 (b) (4)

Csp 302.05

 

529 (b) (5)

Csp 302.06

 

529 (c) (3) (C)

Csp 302.07

RSA 195-H:2, I (a)

 

Csp 303.01

RSA 195-H:4, IV

 

Csp 303.02

 

529(c)(3)(D) (i)

Csp 303.03

RSA 195-H:4, I (b)

 

Csp 303.04

RSA 195-H:4, I (b) (1)

529 (b) (3)

Csp 303.05

RSA 6:38, I

 

Csp 303.06

 

529(c) (3)

Csp 303.07

 

529(b) (1)

Csp 304.01

RSA 195-H:4, IV

 

Csp 304.02

RSA 195-H:3, I

 

Csp 304.03

RSA 195-H:4, I (a) and (b)

 

Csp 304.04

RSA 195-H:2, VI (a)

 

Csp 304.05

RSA 195-H:2 VI, (b) (2)

 

Csp 304.06

RSA 91-A:5 IV

 

Csp 304.07

RSA 471-C

 

Csp 304.08

RSA 195-H:2, IV

 

 

 

 

Csp 400

RSA 4-C:31-34

 

 

 

 

Csp 601.01

RSA 6:37 through RSA 6:43

 

Csp 601.02

RSA 6:37 through RSA 6:43

 

Csp 601.03

RSA 6:40, II

 

Csp 601.04

RSA 6:39, IV and 6:40, II

 

Csp 601.05

RSA 6:39, IV

 

Csp 602.01

RSA 6:40, III, IV, V

 

Csp 602.02

RSA 6:40, I, III, VI and RSA 6:41

 

Csp 602.03

RSA 6:40, III and RSA 6:41, IV

 

Csp 603.01

RSA 6:40, I and RSA 6:41, I

 

Csp 603.02

RSA 6:40, I and RSA 6:41, I

 

Csp 603.03

RSA 6:40, I and RSA 6:41, I

 

Csp 603.04

RSA 6:40, I and RSA 6:41, I

 

 

 

 

Csp 701.01

RSA 6:37 through RSA 6:43

 

Csp 701.02

RSA 6:37 through RSA 6:43

 

Csp 701.03

RSA 6:39, IV and RSA 6:40, II, IV, V

 

Csp 701.04

RSA 6:39, IV and RSA 6:40, II, IV, V

 

Csp 701.05

RSA 6:39, IV and RSA 6:40, II, IV, V

 

Csp 702.01

RSA 6:39, IV and RSA 6:40, II, IV, V

 

Csp 702.02

RSA 6:40, II, III and RSA 6:41

 

Csp 703.01

RSA 6:40, I and RSA 6:41, I

 

Csp 703.02

RSA 6:40, I and RSA 6:41, I

 

Csp 703.03

RSA 6:40, I and RSA 6:41, I

 

Csp 703.04

RSA 6:40, I and RSA 6:41, I

 

Csp 703.05

RSA 6:40, I and RSA 6:41, I