{"content":[{"text":"argued that its FFEL cohort default rate was not “final” because of improper loan servicing. While recognizing that he \n had no authority to set aside an SFAP “final” rate determination, the hearing official went on to consider and reject the \n school's contention on its merits. The fact that the hearing official considered the school's arguments challenging the \n SFAP final determination does not mean that the hearing official had the authority to reject or lower the SFAP “final” \n determination. Since section 668.90(a)(3)(iv) specifically prevents the hearing official from changing a “final” FFEL \n cohort rate determination, that portion of the International decision dealing with the merits of the challenge to the final \n determination is obiter dicta and has no legally-binding effect.","bbox":{"left":0.026144,"top":0.0295,"width":0.932823,"height":0.12248500000000001}},{"text":"Respondent also raises a number of mitigating factors which it contends should be considered by the Secretary in \n deciding whether to impose termination. Under section 668.90(a)(3)(iv), I have no authority to consider such factors. \n Respondent may raise these factors with the Secretary if it appeals this decision.","bbox":{"left":0.026144,"top":0.16397,"width":0.917529,"height":0.05430299999999999}},{"text":"FINDINGS","bbox":{"left":0.148693,"top":0.230394,"width":0.095863,"height":0.020984999999999976}},{"text":"1. SFAP made a final determination under 34 C.F.R. § 668.17 (1997) that Respondent's FFEL program cohort default \n rate for fiscal year 1994 was 42.7 percent.","bbox":{"left":0.026144,"top":0.262455,"width":0.9424699999999999,"height":0.03725700000000004}},{"text":"2. SFAP seeks an order terminating Respondent's eligibility to participate in all programs authorized under Title IV of \n the Higher Education Act of 1965, as amended.","bbox":{"left":0.026144,"top":0.311697,"width":0.945705,"height":0.037256999999999985}},{"text":"ORDER","bbox":{"left":0.464399,"top":0.361076,"width":0.07080399999999998,"height":0.020984999999999976}},{"text":"Respondent is terminated from participation in all programs authorized under Title IV of the Higher Education Act, \n as amended.","bbox":{"left":0.026144,"top":0.39503,"width":0.9263330000000001,"height":0.03725800000000001}},{"text":"_________________________________ \n Frank K. Krueger, Jr. \n Administrative Judge","bbox":{"left":0.143791,"top":0.461318,"width":0.323529,"height":0.05430299999999999}},{"text":"Dated: October 27, 1998","bbox":{"left":0.026144,"top":0.527606,"width":0.193863,"height":0.020212000000000008}},{"text":"SERVICE","bbox":{"left":0.458948,"top":0.592,"width":0.08170599999999995,"height":0.020212000000000008}},{"text":"A copy of the attached decision was sent by certified mail, return receipt requested, to the following:","bbox":{"left":0.105046,"top":0.656394,"width":0.7896080000000001,"height":0.020212000000000008}},{"text":"Paul G. Freeborne, Esq. \n Office of the General Counsel \n U.S. Department of Education \n 600 Independence Avenue, S.W. \n Washington, D.C. 20202-2110","bbox":{"left":0.370752,"top":0.688591,"width":0.258098,"height":0.08839400000000008}},{"text":"Ronald L. Holt, Esq. \n Watkins, Boulware, Lucas, Miner, Murphy & Taylor, LLP \n 5440 North Oak Trafficway \n Kansas City, MO 64118","bbox":{"left":0.269458,"top":0.78897,"width":0.46072500000000005,"height":0.07134800000000008}}],"images_bbox":[],"images_bbox_not_text_overlap":[]}