UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF HEARINGS AND APPEALS

IN THE MATTER OF

NATIONAL BROADCASTING SCHOOL

Respondent

Docket No. 93-50-SP

Student Financial
Assistance Proceeding

DECISION

By my order dated June 2, 1993, the Student Financial Assistance Program (SFAP) was directed to file a brief in this final program review determination (FPRD) matter on August 19, 1993. Nothing has been forthcoming from SFAP. However, Mr. Todd Shipper who is the target of the FPRD, did file a brief dated July 19, 1993. In his brief Mr. Shipper says that he does not have any connection with National Broadcasting School of Sacramento, California, (NBS-California), nor did he have any ownership or financial interest in the school during the period covered by the FPRD.

The FPRD seeks repayment of $2,370,676. Of this $1,003,130 is to be paid to the Department of Education and $1,367,566 to lenders in behalf of students. Such sums may indeed be owed by NBS-California, but based upon the unrebuted brief of Mr. Shipper, the latter is not responsible for repayments specified in the FPRD.

The appeal of Mr. Shipper that he be divorced from this proceeding is granted. The FPRD remains outstanding but Mr. Shipper is dismissed from the action and has no obligation for repayment as sought by SFAP.

Dated this 30th day of August, 1993.

By Paul S. Cross
Administrative Law Judge
Office of Higher Education Appeals
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-3644

SERVICE LIST

Wayne Hartke, Esq.
Hartke & Hartke
7637 Leesburg Pike
Falls Church, VA 22043

Harold Jenkins, Esq.
Office of the General Counsel
U.S. Department of Education
FOB-6, Room 4115
400 Maryland Avenue, S.W.
Washington, D.C. 20202-2110