Louisiana Administrative Code
Title 28 - EDUCATION
Part IV - Student Financial Assistance-Higher Education Scholarship and Grant Programs
Chapter 21 - Miscellaneous Provisions and Exceptions
Section IV-2105 - Repayment Obligation, Deferment, Cancellation and Reduced Payments
Universal Citation: LA Admin Code IV-2105
Current through Register Vol. 50, No. 3, March 20, 2024
A. Monetary Repayment. Recipients of the Rockefeller State Wildlife Scholarship who do not meet their obligation to obtain a degree in wildlife, forestry or marine science and recipients of the TOPS Teacher Award who do not fulfill their obligation to teach the required number of years and who are not eligible for discharge by cancellation, must repay the loan principal plus accrued interest as delineated in §1111 and 911, respectively.
B. Deferment of Repayment Obligation. Recipients of the Rockefeller State Wildlife Scholarship or TOPS Teacher Award who are in repayment status may have their payments deferred for the following reasons.
1. Parental Leave
a. Definition. The recipient is pregnant or
caring for a newborn or newly adopted child less than one year of
age.
b. Certification Requirements.
The recipient must submit:
i. a completed
deferment request form; and
ii. a
written statement from a doctor of medicine who is legally authorized to
practice certifying the date of diagnosis of pregnancy and the anticipated
delivery date or the actual birth date or a copy of the hospital's certificate
of live birth or a copy of the official birth certificate or equivalent
official document or written documentation from the person or agency completing
the adoption that confirms the adoption and date of adoption.
c. Maximum length of deferment-up
to one year per child.
2. Physical Rehabilitation Program
a. Definition. The recipient is receiving
rehabilitation in a program prescribed by a qualified medical professional and
administered by a qualified medical professional.
b. Certification Requirements. The recipient
must submit:
i. a completed deferment request
form including the reason for the rehabilitation, dates of absence from work,
the number of days involved, and any other information or documents;
and
ii. a written statement from a
qualified medical professional describing the rehabilitation, including the
diagnosis, the beginning date of the rehabilitation, the required treatment,
and the length of the recovery period.
c. Maximum length of deferment-up to two
years per occurrence.
3.
Substance Abuse Rehabilitation Program
a.
Definition. The recipient is receiving rehabilitation in a substance abuse
program prescribed by a qualified professional and administered by a qualified
professional.
b. Certification
Requirements. The recipient must submit:
i. a
completed deferment request form, the reason for the rehabilitation, dates of
absence from work, the number of days involved, and any other information or
documents; and
ii. a written
statement from a qualified professional describing the rehabilitation,
including the diagnosis, the beginning date of the rehabilitation, the required
treatment, and the length of the recovery period.
c. Maximum length of deferment-up to one
year. This deferment shall be available to a recipient only one time.
4. Temporary Disability
a. Definition. The recipient is recovering
from an accident, injury, illness or required surgery, or the recipient is
providing continuous care to his/her spouse, dependent, parent, stepparent, or
custodian due to an accident, illness, injury or required surgery.
b. Certification Requirements. The recipient
must submit:
i. a completed deferment request
form, the reason for the disability, dates of absence from work, the number of
days involved, and any other information or documents; and
ii. a written statement from a qualified
professional of the existence and of the accident, injury, illness or required
surgery, including the dates of treatment, the treatment required, the
prognosis, the length of the recovery period, the beginning and ending dates of
the doctor's care, and opinions as to the impact of the disability on the
recipient's ability to work; and
iii. if a temporary disability of another, a
statement from the family member or a qualified professional confirming the
care given by the recipient.
c. maximum length of deferment-up to two
years for recipient; up to a maximum of one year for care of a disabled
dependent, spouse, parent, or custodian.
5. Religious Commitment
a. Definition. The recipient is a member of a
religious group that requires the recipient to perform certain activities or
obligations which necessitate taking a leave of absence from work.
b. Certification Requirements. The recipient
must submit:
i. a completed deferment request
form, the number of days involved, and the length of the religious obligation;
and
ii. a written statement from
the religious group's governing official evidencing the requirement
necessitating the leave of absence including dates of the required leave of
absence.
c. Maximum
length of deferment-up to four consecutive semesters (six consecutive
quarters).
6. Military
Service
a. Definition. The recipient is in
the United States Armed Forces Reserves and is called on active duty status or
is performing emergency state service with the National Guard.
b. Certification Requirements. The recipient
must submit:
i. a completed deferment request
form and the length of duty (beginning and ending dates); and
ii. a written certification from the
commanding officer or regional supervisor including the dates and location of
active duty; or
iii. a certified
copy of the military orders.
c. Maximum length of deferment-up to the
length of the required active-duty service period.
7. Recipient is engaging in a full-time
course of study at an institution of higher education at the baccalaureate
level or higher; or
8. recipient
is:
a. seeking and unable to find full-time
employment for a single period not to exceed 12 months; or
b. seeking and unable to find full-time
teaching employment at a qualifying Louisiana school for a period of time not
to exceed 27 months.
9.
Natural Disaster Deferments
a. For the
purposes of this Subsection, displaced students are recipients
of the Rockefeller State Wildlife Scholarship or TOPS Teacher Award who are in
repayment status and:
i. on August 26, 2005,
whose home of record was one of the following Louisiana parishes:
(a). Jefferson;
(b). Lafourche;
(c). Orleans;
(d). Plaquemine;
(e). St. Bernard;
(f). St. Tammany;
(g). Tangipahoa; or
(h). Washington; or
ii. on September 23, 2005, whose home of
record was one of the following Louisiana parishes:
(a). Acadia;
(b). Allen;
(c). Beauregard;
(d). Calcasieu;
(e). Cameron;
(f). Iberia;
(g). Jefferson Davis;
(h). Lafayette;
(i). St. Mary;
(j). Terrebonne; or
(k). Vermilion.
b. For the purposes of this Subsection,
home of record is:
i. the
domiciliary address of a dependent student's parent or court-ordered custodian;
or
ii. the domiciliary address of
an independent student.
c. For the purposes of this Subsection,
natural disaster is limited to Hurricane Katrina and/or Hurricane
Rita.
d. The loan payments for
displaced students are deferred and accrual of interest is suspended from
August 26, 2005 through August 31, 2006.
e. For the period of August 26, 2005 through
August 31, 2006, recipients of the Rockefeller State Wildlife Scholarship or
TOPS Teacher Award who are in repayment status and who are not displaced
students, but who are unable to repay their loan during the academic year
(college) due to the effects of a natural disaster, may submit a request for
deferment of payments and suspension of accrual of interest in accordance with
§2105 D, based on one of the circumstances listed in
§2103. B.1 or the
following circumstance.
i. The effects of a
natural disaster prevented the student/recipient from making payments during
the period of August 26, 2005, through August 31, 2006.
ii. Certification Requirements. The
student/recipient must submit:
(a). a
completed exception request form; and
(b). a written statement detailing the
natural disaster's impact on the student and/or the student's immediate family
(mother, father, custodian, siblings and/or spouse and children), which
prevented the student from meeting the repayment requirements, including the
length of the impact; and
(c).
documentation corroborating the student's statement (examples: photographs of
damage; insurance, FEMA, fire and/or police reports; statements from public
officials; statements from family members or other persons with actual
knowledge; receipts and invoices for work done and materials
purchased).
iii. Maximum
length of exception-through August 31, 2006.
10. 2020 Natural Disaster Deferments. For the
purposes of this Subsection, displaced students are recipients
of the Rockefeller State Wildlife Scholarship or TOPS Teacher Award who are in
repayment status and whose Home of Record:
a.
on August 26, 2020, was located in Acadia, Allen, Beauregard, Caddo, Calcasieu,
Cameron, Grant, Jackson, Jefferson Davis, LaSalle, Lincoln, Morehouse,
Natchitoches, Ouachita, Rapides, Sabine, St. Landry, Union, Vermilion, Vernon,
or Winn Parish: or
b. on October 8,
2020, was located in, or who, on October 8, 2020, was attending a postsecondary
institution located in Acadia, Allen, Beauregard, Calcasieu, Cameron, Iberia,
Jefferson Davis, Lafayette, Rapides, St. Landry, St. Martin, or Vermilion
Parish.
c. on October 26, 2020, was
located in, or who, on October 26, 2020, was attending a postsecondary
institution located in Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard,
or Terrebonne Parish.
d. For the
purposes of this Subsection, home of record is the domiciliary
address of the recipient who is in repayment status.
i. For students qualifying for deferment
under the provisions of §2105.B.10.a. above, loan repayments are deferred and
interest accrual is suspended for the period August 26, 2020, through August
31, 2021;
ii. For students
qualifying for deferment under the provisions of §2105.B.10.b. above, loan
repayments are deferred and interest accrual is suspended for the period
October 8, 2020, through October 31, 2021.
e. For the period August 26, 2020, through
August 31, 2021, recipients of the Rockefeller State Wildlife Scholarship or
the TOPS Teacher Award who are not displaced students, but who, due to the
effects of a natural disaster as provided in this Subsection, are unable to
repay their loan may submit a request for exception in accordance with
§2103.D based on the
circumstances provided in
§2103.E 12.
i. For students qualifying for deferment
under the provisions of §2105.B.10.a. above, loan repayments are deferred and
interest accrual is suspended for the period August 26, 2020, through August
31, 2021;
ii. For students
qualifying for deferment under the provisions of §2105.B.10.b. above, loan
repayments are deferred and interest accrual is suspended for the period
October 8, 2020, through October 31, 2021.
iii. For students qualifying for deferment
under the provisions of §2105.B.10.c. above, loan repayments are deferred and
interest accrual is suspended for the period October 26, 2020, through October
31, 2021.
f. For the
period August 26, 2020, through October 31, 2021, recipients of the Rockefeller
State Wildlife Scholarship or the TOPS Teacher Award who are not
displaced students, but who, due to the effects of a natural
disaster as provided in this Subsection, are unable to repay their loan may
submit a request for exception in accordance with
§2103.D based on the
circumstances provided in
§2103.E
12.
11. For the purposes
of this Subsection, home of record is the domiciliary address of the recipient
who is in repayment status.
12. The
loans repayments for displaced students are deferred and accrual of interest is
suspended from August 26, 2020, through August 31, 2021.
13. For the period August 26, 2020, through
August 31, 2021, recipients of the Rockefeller State Wildlife Scholarship or
the TOPS Teacher Award who are not displaced students, but who, due to the
effects of Hurricane Laura, are unable to repay their loan may submit a request
for exception in accordance with
§2103.D based on the
circumstances provided in
§2103.E
12.
C. A recipient who receives a deferment under §2105. B.7 and who is not able to enroll full-time due to a circumstance listed in §2103. E may request an exception to the full-time enrollment requirement of the deferment based on that circumstance. The maximum length of the continuation of the exception shall be the maximum length of exception provided by §2103. E
D. Procedure for Requesting a Deferment
1. The recipient should complete and submit
an application for a deferment, with documentary evidence, to the office as
soon as possible after the occurrence of the event or circumstance that
supports the request. The recipient must submit the application for deferment
no later than three months after the date of the notice of repayment. The
deadline for filing the request shall be prominently displayed on the notice of
repayment. If the applicant for a deferment is a dependent student, a parent or
court-ordered custodian of the dependent student may submit the application for
exception on behalf of the applicant.
2. If determined eligible for a deferment,
the recipient will be notified of the length of the deferment and of any
conditions of the deferment.
E. Conditions of Deferment
1. Deferments may be subject to the following
conditions:
a. related to the particular
circumstances for which the deferment is granted, including, but not limited
to, providing proof of enrollment;
b. agreement to give notice that the
condition or circumstance that warranted the deferment has ceased;
c. agreement to a repayment schedule
commencing on expiration of the deferment;
d. agreement to acknowledge debt;
e. agreement that during the deferment
period, prescription will be interrupted (meaning the period of time within
which the office has to enforce the promissory note will not continue to
accrue); and/or
f. agreement to
start repayment at the end of the deferment.
2. Conditions for deferments must be included
in the notice of deferment.
F. The recipient must sign a written acknowledgment of receipt of the notice of deferment and acceptance of all conditions. The recipient must return the signed acknowledgment and acceptance within 30 days of the date of the notice, otherwise the deferment is void and repayment shall commence.
G. Cancellation of Repayment Obligation. Upon submission of applicable proof, loans may be canceled for the following reasons:
1. death of the recipient; or
2. complete and permanent disability of the
recipient which precludes the recipient from gainful employment; or
3. upon a determination by the board that the
remaining unpaid balance is $25 or less.
H. Reduced Payments
1. Recipients who do not discharge the
obligation by graduating in an eligible major and who are not eligible for
discharge by cancellation must repay the loan principal, plus accrued interest
and any collection costs incurred. Recipients in repayment status may request a
temporary hardship repayment schedule that may be approved by LOSFA, upon
receipt of documentation evidencing one or more of the following conditions:
a. the recipient is receiving federal or
state public assistance;
b. the
recipient's total gross yearly income does not exceed the current federal
poverty level for his/her state;
c.
the recipient is experiencing a severe temporary medical condition and is
unable to meet his/her financial obligations; or
d. the recipient has experienced a severe
personal catastrophe or calamity and is temporary unable to meet his/her
financial obligations.
2. If allowed by LOSFA, such reduced payments
will continue as long as the condition(s) exist.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3031 and R.S. 17:3042.1.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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