Rule 4. (1) The authority shall obtain the required information and
documentation from the applicant, eligible institution, and/or current loan holder, as
appropriate.
(2) The authority shall maintain records necessary for the administration of the loan
programs and as required by the secretary.
History: 1979 AC; 1987 AACS; 1990 AACS; 2007 AACS.
R 390.1605 Eligibility of applicants.
Rule 5. A person shall meet all of the following requirements to be eligible for
a loan:
(a) Complete and submit all application forms and documentation required by the
authority.
(b) Provide information necessary to assure qualification for applicable federal
interest benefits.
(c) Meet all of the requirements of the secretary.
History: 1979 AC; 1987 AACS; 1990 AACS; 2007 AACS.
R 390.1606 Procedures; loan denial.
Rule 6. (1) The authority shall develop and maintain procedures necessary to carry
out applicable provisions of Title IV, part B, of the higher education act of 1965, and
the regulations therefor, and as may be required in the exercise of reasonable care and
diligence in the making and collection of loans. If the authority determines that there is
sufficient evidence to indicate that the applicant will not exercise reasonable
diligence in completing repayment of a loan, the loan request may be denied. In
determining that sufficient evidence for denial exists, the authority shall use such ethical
methods and practices as are acceptable and proven in the collection of credit
information in the commercial banking community.
(2) Evidence that indicates the applicant will not exercise reasonable
diligence in completing repayment of a loan may include, but is not limited to, any of
the following:
(a) Defaults on previous debts.
(b) Bankruptcy.
(c) Repossessions of tangible properties for reason of nonpayment.
(d) Excessive and existing indebtedness beyond present and anticipated means of
payment.
(e) Incarceration for a felony.
(f) Physical or mental disability in a degree that employment and repayment
may not reasonably be expected.
(3) If a loan application is denied, the applicant shall be advised by the authority, in
writing or through an electronic method, if agreed to by the applicant, of the reason for
the denial.
History: 1979 AC; 2007 AACS.
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