Compliance as to whether truck driver training schools have properly determined which of their former…

89 F.

Compliance advisory opinions as to whether truck driver training schools have properly determined which of their former students are eligible for partial tuition refunds under a consent order (88 F. C. 55, Dkt. 9026).

Opnion Lett€r
April 8, 1977
Gentlemen:

This is to advise you that the Commission has given consideration to your submission, under cover of your letter of January 26, 1977, of questionnaires which you have sent out pursuant to the order in the above-referenced matter and the determinations you have made with respect thereto regarding eligibility for tuition refund as prescribed by said order. In accordance with said order, you have submitted said questionnaires for review by the Commission and an advisory opinion as prescribed in Section 3.61(d) of the Commission s Rules of Practice.

Except as noted below , the Commission has determined that your submission represents compliance with the applicable order provisions regarding eligibility of former New England Tractor Trailer students for partial tuition refunds.

As a preliminary observation, the Commission has noted that a number of the questionnaires are payable because, under item 6, the former students did not attain employment as tractor trailer drivers after leaving your school, and such students met the other criteria for eligibility contained in the Commission s order. Several questionnaires, howevcr, wcre determined by you to be payable even though item 6 was answered in the affirmative, indicating that the former student successfully attained a job as a tractor trailer driver after leaving your schoo1. The Commission s order defines "eligible class member" to comprise those students who did not attain the stated employment. Accordingly, the Commission is of the opinion that those questionnaires which contain an affirmative answer to the question in item 6 - Have you ever attained a job as a tractor trailer driver after you left the school' - are not payable.

The Commission has also noted that a second category of questionnaires were determined by you to be payable even though the former students provided information under item 2 showing that they enrolled in your courses either before January 1, 1973 or subsequent to December 31 1973. The Commission s ordcr defines "eligible class member" as those ADVISORY OPINIONS 673

students who enro!!ed during the period of time from January 1 to December 31, 1973 in your tractor trailer courses. Accordingly, the Commission is of the opinion that under the terms of its order, students who do not meet this rcquirement are not eligible for partial refunds of tuition. Also, the Commission is of the opinion that your determination of date of enro!!ment should not be based exclusively on a student's response to item 2 of the questionnaire but should take into account documentation submitted with the questionnaire, or otherwise in your possession, reflecting the actual date of enrollment.

It is the opinion of the Commission , based upon the information furnished that with the two exceptions noted hereinabove, your eligibility determinations under Part III, paragraph 5 of the Commission s order represent compliance with that provision to the extent that your obligations under other order provisions have been fulfilled. This opinion is not intended to apply to any other duties or obligations imposed upon you by the order other than your responsibility under Part III to make initial dcterminations as to who constitutes eligible class members for purposes of the required tuition refunds. Chairman Co!!ier continues to object to the rules which govern c1igibility for refunds in this case and which are the subject of this request for advice.

The student questionnaires are being returned to you under separate cover.

By direction of the Commission.

Let!Ir of Req'U€st