- 9 -
regulations as guidelines or because petitioner relies on the
proposed regulations, we will discuss them briefly.
We will address ourselves to requirements three and two of
the proposed regulations, in that order, as these are the issues
disputed most vigorously. Under the third requirement, the
recipient must not be required to reapply to the grantor in order
to receive the scholarship or fellowship in future academic
periods. Petitioner testified that an appointment must be
reapplied for each year, although petitioner contends that such
an appointment was automatic.
Under the second requirement, the original notice of award
must contain a firm commitment by the grantor to provide the
scholarship or fellowship grant for more than one academic
period. There is no evidence of any such firm commitment by the
University in the original notice of award herein.
There is no documentary evidence in this record of the
alleged original notice of award or appointment by which
petitioner first became a research assistant in 1986.
Petitioner has not submitted into evidence any of the
documents appointing him as a research assistant in the Physics
Laboratory or as a research associate in the Lunar and Planetary
Laboratory, other than the Acceptance of Appointment document
that he signed on August 3, 1992. The document signed August 3,
1992, clearly reflects that petitioner was appointed as a
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011