Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 13B. Maryland Higher Education Commission |
Subtitle 02. ACADEMIC REGULATIONS |
Chapter 13B.02.06. Financial Guarantees and the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education |
Sec. 13b.02.06.08. Filing Claims
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A. A student shall file a claim within 3 years of the date the student knew, or reasonably should have known, of facts that might entitle the student to an award under Regulation .04A of this chapter. Claims filed after that date may not be considered, unless the Secretary determines that there are extenuating circumstances that justify or excuse the late filing. In the event of a school closure, claims shall be filed within 3 years of the date of the schools closure, unless the Secretary determines that there are extenuating circumstances that justify or excuse a late filing.
B. A student making a claim against the Fund shall submit a First Report of Claim Form, prepared by the Secretary and published on the Commissions website, which shall require the student to submit, at a minimum, the following information:
(1) The students:
(a) Complete name at the time of enrollment and, if different, the students current name;
(b) Date of birth;
(c) Current home address;
(d) Current mailing address;
(e) Telephone number or numbers;
(f) Current email address;
(g) Social Security number;
(h) Program of study;
(i) Degree, certificate, or other award obtained or sought; and
(j) Dates of enrollment at the school;
(2) The name and campus location of the school against which the claim is made;
(3) The basis for the claim, specifying if the claim is based on the:
(a) Schools closure;
(b) Schools failure to faithfully comply with all agreements and contracts that it makes with the student; or
(c) Schools failure to comply with a provision of Education Article, Annotated Code of Maryland;
(4) A statement detailing the students effort to resolve the claim with the school, including any relevant documentation;
(5) A statement of the remedy requested; and
(6) A signed statement, compliant with State and federal privacy laws, that the student authorizes representatives of the school, lenders, the USED, and loan servicers to release any and all records, including educational and financial records, to the Secretary in the course of the Secretarys investigation of the claim.
C. A student who has submitted a claim shall update the Secretary of any change in name, mailing address, email address, or phone number.
D. Loan Discharge Request.
(1) A student shall request that the USED and, if applicable, its loan servicer, discharge all or part of the students loan if:
(a) The students claim is based on a schools closure; and
(b) The student is indebted to the USED for monies used to pay tuition and fees to the school.
(2) A students claim against the Fund for tuition and fees that are subject to discharge may not be processed until the student provides the Secretary with evidence from the USED or loan servicer, as applicable, of a final decision on the students loan discharge request.
(3) The Secretary may require that a student request a loan discharge in other circumstances prior to adjudicating the claim.
E. The Secretary may seek information needed to process a claim directly from a school, lender, loan servicer, or the USED.
F. Notwithstanding any other provision, a students failure to comply with this regulation or to supply any information requested by the Secretary during an investigation or adjudication of a claim may result in a partial or complete denial of a claim.
G. The Secretary may require that a student submit information in addition to the First Report of Claim Form, including but not limited to:
(1) Facts and documents that support the claim;
(2) An explanation of how the schools actions injured or damaged the student;
(3) The students complete transcript, reflecting any degrees, certificates, or other awards received;
(4) The students financial statement of account with the school, or other documents that indicate charges and payments for tuition and fees;
(5) A copy of the students request that the USED or loan servicer discharge all or a portion of the students loans; and
(6) The names of all lenders or loan servicer to whom the Student is indebted for tuition assistance, and the account and current contact information for each.