Section 188-D:18-h Repayment of Forgivable Loans.
I. The commission shall establish repayment schedules that reflect the differing career demands of the shortage areas. All repayment schedules shall contain a component that allows for repayment through service in New Hampshire for a specified period of time.
II. If the note is not cancelled because of service, the recipient shall repay the loan within 2 years after withdrawing from, or completing the training program or from the inception of monetary repayment.
III. The commission shall have the authority to enter into contracts for the administration of the repayment provisions of this program.
IV. If a recipient refuses to repay a loan, the commission, or its designee, shall turn the account over to the appropriate collection agency.
V. The state treasurer shall credit all loan repayments to the forgivable loan fund for use under this program. Loan repayments credited to the loan fund shall be in addition to any other moneys appropriated to that fund.
VI. Nothing in this subdivision shall be construed to alter any rights or obligations incurred under RSA 326-B relative to the granting and repayment of scholarship loans.
VII. A recipient shall not be considered in violation of the repayment schedule if he or she is:
(a) Engaged in a course of study, at least on a half-time basis, at an institution of higher education;
(b) Serving on active duty as a member of the armed services of the United States, or serving as a member of VISTA, the Peace Corps, or Americorps, for a period not to exceed 3 years;
(c) Temporarily totally disabled, as established by sworn affidavit of a qualified physician, for a period not to exceed 3 years; or
(d) Unable to secure employment by reason of the care required by a disabled spouse, child or parent for a period not to exceed 12 months.
VIII. To qualify for any of the exceptions in paragraph VII of this section, a recipient shall notify the commission of such claim to the exception and provide supporting documentation as required by the postsecondary education commission.
IX. During the time the recipient qualified for any of the exceptions in paragraph VII of this section, such recipient need not make the repayments required under paragraph II of this section and the postsecondary education commission shall extend the 2-year repayment period established under paragraph II of this section by a period equal to the length of time a recipient meets any of the conditions listed in paragraph VII of this section, or if a recipient's inability to complete the loan repayments within this 2-year period, because of a financial condition, has been established to the satisfaction of the postsecondary education commission.
X. The commission, or its designee, shall cancel a recipient's repayment obligation if it determines that he or she is:
(a) Permanently totally disabled, as established by an affidavit of a qualified physician; or
(b) Deceased as established by a death certificate or other evidence deemed conclusive under state law.
XI. The commission shall cancel a recipient's repayment obligation when the recipient has received relief under federal bankruptcy laws only if the recipient's loans under Title IV of the Higher Education Act of 1965 have been cancelled as a result of that bankruptcy.
XII. The commission, or its designee, shall have the power to close the accounts of recipients who have completed their repayment obligation either through service or monetary repayment, and deem accounts as uncollectable if all reasonable means of collection have been exhausted.
Source. 2003, 235:1, eff. Sept. 5, 2003.