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Negotiated rulemaking: operational follow-ups and next steps after day two
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Summary
At the end of the Sept. 30 session, Department staff said they would take operational hypotheticals on forbearance counting, program-list questions, HEAL interactions and enrollment-change scenarios back to specialists and provide written clarifications before the next session.
After two days of discussion, Department staff told negotiators they will take several operational items away for additional review and will report back in writing. Key items the Department said it would revisit include: which types of administrative and processing forbearances count toward the new nine-month limit; whether HEAL or similar programmatic funds alter aggregate limits; how institutions should treat students whose enrollment status changes after disbursement; and whether the phrasing around "ceases to be enrolled" should be clarified in the regulatory preamble.
Tammy urged negotiators to submit written proposals and hypothetical scenarios so staff could provide precise answers rather than attempting detailed operational calculations at the table. The committee paused for a break and then reconvened to finish the day's agenda; a lighthearted motion to watch late baseball during a caucus was politely declined. The Department will resume the negotiated rulemaking the following morning at 9:00 a.m.
