IN THE MATTER OF HEALTH CARE TRAINING INSTITUTE,
Docket No. 92-42-ST
Student Financial Assistance Proceeding
This is a proceeding to terminate the eligibility of Health Care
Training Institute (HCTI) to participate in the student financial
assistance programs authorized by Title IV of the Higher
Education Act of 1965, as amended. 20 U.S.C. § 1070 et seq. Further, ED levied fines
against HCTI in the amount of $831,000
under 20 U.S.C. § 1094(c)(2)(B) (1991) and 34 C.F.R. § 668.84
(1991) for the same purported violations of Title IV of the HEA.
This termination and fine proceeding was joined and consolidated
with the program review determination proceeding, Dkt. No. 92-
124-SP, due to related issues and in the interest of judicial
On January 19, 1993, HCTI filed a motion for summary disposition
alleging that it properly administered the ability to benefit
test, and, since no triable issue of material fact exists, HCTI
is entitled to, in effect, judgment as a matter of law related to
the program review determination and a partial judgment in the
termination and fine proceedings. ED responds to this motion by
urging this tribunal to deny HCTI's motion for summary
disposition and to grant its motion for summary judgment on the
grounds that the ability to benefit test administered by HCTI did
not adequately measure the student's aptitude to successfully
complete the program to which he or she has applied.
In view of the findings of fact, conclusions of law, and the analysis set forth in the decision issued in Dkt. No. 92-124-SP which is attached hereto and incoporated herein, it is HEREBY
Allan C. Lewis
Administrative Law Judge
Issued: November 4, 1993
Donald C. Phillips, Esq.
Office of the General Counsel
U.S. Department of Education
Room 4083, FOB-6
400 Maryland Avenue, S.W.
Washington, D.C. 20202
Robert S. Butler, Esq.
11002 Highway 64
Arlington, Tennessee 38002