New Hampshire Code of Administrative Rules
Pos - Postsecondary Education Commission
Chapter Pos 700 - WORKFORCE INCENTIVE PROGRAM - FORGIVABLE LOAN
Part Pos 703 - OBLIGATIONS OF THE RECIPIENT
Section Pos 703.01 - Description of Recipient's Obligations

Universal Citation: NH Admin Rules Pos 703.01

Current through Register No. 40, October 3, 2024

(a) Each recipient shall sign a note payable to the state treasurer in accordance with RSA 188-D:18-g, II and complete a personal data form which includes the recipient's:

1.First and last name;

2.Mailing address and telephone number;

3.Driver's license number and expiration date;

4.Name, address and telephone number of mother and father; or

5.Name, address and telephone number of spouse; and

6.Name, address and telephone number of current employer.

(b) Recipients of an award for one academic year shall have their notes canceled upon completion of one year of service in New Hampshire in the workforce area for which funds were received following licensure, certification, or completion of the program for which funding was received. If the award is received for greater than half-time study, the recipient shall repay with full-time service, as determined by the employer, a minimum of 30 hours per week, or part-time service prorated to equal one year of full-time service. If the award is received for half-time study or less, the recipient shall repay with at least half-time service, a minimum of 20 hours per week.

(c) Repayment by service under (b) above shall be completed within 3 years from the date of licensure, certification, or completion of the program.

(d) Recipients of awards for more than one academic year shall have their notes canceled upon completion of 2 years of service in New Hampshire in the workforce area for which funds were received following licensure, certification, or completion of the program for which funding was received. Recipients of an award for greater than half-time study, shall repay with full-time service as determined by the employer, a minimum of 30 hours per week, or part-time service prorated to equal 2 years of full-time service. Recipients of an award for half-time or less, shall repay with at least half-time service, a minimum of 20 hours per week.

(e) Repayment by service under (d) above shall be completed within 5 years from the date of licensure, certification, or completion of the program.

(f) Recipients of awards for one academic semester shall have their notes canceled upon completion of 6 months of full-time service or part-time service prorated to equal 6 months of full-time service in New Hampshire in the career shortage area for which funds were received following licensure, certification, or completion of the program for which funding was received. Recipients of an award for greater than half-time study shall repay with full-time service as determined by the employer, a minimum of 30 hours per week, or part-time service prorated to equal 6 months of full-time service. Recipients of an award for half-time or less shall repay with at least half-time service, a minimum of 20 hours per week.

(g) Repayment by service under (f) above shall be completed within 1.5 years from the date of licensure, certification, or completion of the program.

(h) If the note is not canceled because of service, the recipient shall, unless ordered by a court, repay the award within 2 years:

(1) After withdrawing from or completing the training program; or

(2) From the date of initial request for repayment after it has been determined that the recipient will be unable to repay with service within the time specified under Pos 703.01(c), (e) and (g).

(i) If repayment has not been canceled through service, the amount of service performed shall be prorated against the total loan amount due.

(j) A repayment schedule shall be established by the commission within 3 months of the recipient's withdrawal from school or notification to the commission that repayment will not be in service. Recipients of scholarships repaying monetarily shall be notified that pursuant to RSA 188-D:18-h, II, they have 2 years to repay after withdrawing from or completing the training program or from the time that it has been determined by the commission that the obligation will not be canceled through service. If the repayment is not completed within 2 years of withdrawal or completion of the program, or from the time that it has been determined by the commission that the obligation will not be canceled through service, the recipient shall be notified that his/her account is delinquent.

(k) All delinquent accounts shall be referred for collection to a recognized collection agency and the recipient shall be responsible for all charges incurred by the referral.

(l) A recipient shall not be considered in violation of the repayment schedule if he or she is:

(1) Enrolled at least half-time in a degree granting program at a regionally accredited postsecondary institution;

(2) Serving on active duty as a member of the armed services of the United States, service as a member of VISTA, the Peace Corps, or Americorps, for a period not to exceed 3 years;

(3) Temporarily totally disabled, as established by the affidavit of a physician, for a period not to exceed 3 years; or

(4) 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.

(m) To qualify for any exemption specified in Pos 703.01(l), the recipient shall notify the commission of such a claim for exemption and provide any supporting documentation required by the commission to verify such a claim, such as verification of enrollment, affidavit from of physician certifying condition of spouse, child or parent.

(n) During such time as a recipient is qualified for an exemption under Pos 703.01(k), the recipient shall not be required to make payments and the commission shall extend the 2-year repayment period by a period equal to the length of time a recipient meets any of the conditions under Pos 703.01(k).

(o) The commission shall also extend the 2 year repayment period if the commission determines that the recipient is unable to repay due to financial circumstances based on financial data submitted by the recipient to the commission.

(p) The financial data required pursuant to (n) above shall include, but not be limited to:

(1) A signed copy of the most recent IRS form 1040EZ, 1040A or 1040 submitted by the recipient to the Internal Revenue Service;

(2) The most recent pay stub received by the recipient;

(3) A statement of any outstanding loans indicating the balance due and the monthly payments required by the servicer; and

(4) Any statement from a current creditor proving forbearance has been granted on an outstanding obligation.

(q) The recipient of an award who withdraws from the program for which the award was awarded shall refund the full amount of the award.

(r) The recipient shall inform the commission of any change in name or address within 3 months of that change.

#5188, eff 7-23-91; ss by #6398, eff 12-16-96; ss by #7201, eff 2-12-00; ss by #8042, eff 2-18-04; ss by #8586, eff 3-17-06

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