Part | Title |
---|---|
4850.0010 | PURPOSE. |
4850.0011 | DEFINITIONS. |
4850.0012 | SCHOOL AGREEMENTS AND STUDENT APPLICATIONS. |
4850.0013 | CREDIT SCORE. |
4850.0014 | AMOUNT AND TERMS. |
4850.0015 | LOAN DISBURSEMENTS. |
4850.0016 | NONENROLLMENT, TRANSFER, AND WITHDRAWAL. |
4850.0017 | REPAYMENT PROCEDURES. |
4850.0018 | CLAIMS. |
4850.0020 | LOAN FORGIVENESS. |
4850.0021 | NONACCRUAL OF INTEREST PERIOD DURING A TEMPORARY TOTAL DISABILITY. |
4850.0022 | ACTIVE MILITARY DUTY; INTEREST REDUCTION BENEFIT. |
4850.0024 | DEFAULTED LOAN REHABILITATION. |
4850.0025 | TRANSITION PERIOD. |
4850.0026 | COSIGNER. |
4850.0027 | CERTIFYING DISABILITY. |
The purpose of parts 4850.0010 to 4850.0027 is to augment Minnesota Statutes, sections 136A.15 to 136A.1702, establishing a state program of supplemental loans to postsecondary students by providing standards, criteria, and rules for the program.
10 SR 1852; 15 SR 1780
November 10, 2021
"Academic year" means:
a period of time, typically eight or nine months, in which a full-time student is expected to complete the equivalent of at least two semesters, two trimesters, or three quarters at an eligible school using credit hours; or
at least 900 clock hours of training for a program at an eligible school using clock hours.
A student may borrow for a portion of the academic year, or for all of it (see "loan period").
"Capitalized interest" or "capitalization" means accrued interest that is added to the outstanding loan principal.
"Certificate" or "degree" means a written or printed statement of the fact that the holder has met the eligible school's minimum requirements for completion, and certifies a minimum mastery of the subject matter for a particular academic or vocational program.
"Commissioner" means the commissioner of the office, or office staff who perform duties as assigned by the commissioner. [Renumbered from subpart 12a.]
"Cost of attendance" includes:
room and board charged for the loan period, or a reasonable allowance as determined by the school, for off-campus living; and
a reasonable allowance as determined by the school for books, supplies, transportation, and personal expenses.
"Creditworthy" refers to an individual who, based on either information provided by a national credit bureau or information available to the office, has:
as listed on the individual's credit report:
a total debt greater than $300, with no more than $300 of combined debt charged-off or that represents a tax or mechanic's lien; or
no more than five percent of total credit bureau balances past due, unless the amount past due is $300 or less;
no existing loan or SELF Refi Loan that is delinquent or in forbearance with the office when a new loan is approved unless an approved exception has been made for a natural disaster forbearance; and
"Default" means the condition that exists if the borrower fails to perform any of the conditions of the promissory note.
"Default date" means the date that the loan servicer submits the loan to the office as a default due to failure to comply with the required terms of the promissory note.
"Delinquency" means the condition that exists when a borrower's scheduled payment of principal or interest or both is not received by the commissioner or the office's agent by the due date.
"Due diligence" means the use of practices by the office in making, servicing, and collecting of SELF Loans that are at least as extensive and forceful as those generally practiced by financial institutions for consumer loans.
"Eligible school" means a school that meets the requirements for an eligible institution under Minnesota Statutes, section 136A.155, and either:
signs an institutional loan participation agreement with the commissioner that lists the duties and responsibilities of both the school and the commissioner; or
is designated by the office as a maintenance-only school. The office shall designate a school as a maintenance-only school if the school participates in the National Student Clearinghouse and the school is not certifying new SELF Loans. Maintenance-only schools allow eligible students, as reported by the National Student Clearinghouse, to continue in the in-school period.
"Eligible student" means a student who:
is enrolled in an eligible school in Minnesota, or is a Minnesota resident enrolled in an eligible school in another state or United States territory;
is enrolled at least half time in an educational program leading to a certificate, associate, baccalaureate, masters, doctorate, or other professional degree or the completion of prerequisites for a degree;
is not currently in default, as defined by each specific federal, state, private, or institutional student loan program, based on the knowledge of either the office or the eligible school;
is not currently delinquent in payment of interest or principal on an outstanding SELF or SELF Refi Loan and does not have a forbearance, unless an approved exception has been made for a natural disaster forbearance;
"Enrolled" means a student has registered for and begun the loan period at the eligible school.
"Financial aid" has the meaning given "estimated financial assistance" in Code of Federal Regulations, title 34, part 682, section 200, paragraph (b).
"Forbearance" means permitting the temporary halt of payments, allowing an extension of time for making payments, or accepting smaller payments than were scheduled.
"Full-time student" means one who is enrolled in an eligible school and who carries a full-time postsecondary level, vocational or academic workload as determined by the eligible school, ending in a certificate or degree.
"Grade level" means the relative position of an eligible student in a degree or certificate granting program.
"Half time" means enrolled at an eligible school and carrying a half-time academic workload as determined by the eligible school that amounts to at least one-half the workload of a full-time certificate or degree seeking student. In eligible schools utilizing clock hours, half-time enrollment includes programs requiring at least 300 clock hours.
"In-school period" means a period that the eligible student is enrolled on at least a half-time basis in an eligible school.
"Late charge" means a charge, not to exceed $20, that is assessed against borrowers each time a payment of principal, interest, or both is not paid to the commissioner within 15 days after the due date.
"Loan forgiveness" means the obligation of the borrower and the cosigner to repay the SELF Loan is forgiven due to the death or total and permanent disability of the borrower.
"Loan period" means the period for which the student receives the loan. The period begins on the first day of class. It must be at least 30 days in length, and must not exceed 12 months. A loan period may be the same as, or a portion of, the academic year. For example, the loan period may be for a single semester, or quarter.
"Maximum effort" means that a student has applied for and exhausted all eligibility for other forms of financial aid, except work-study and student loans, before applying for a SELF Loan. Financial aid administrators must include any financial aid that has been awarded or is expected to be awarded to the student for the loan period.
"Natural disaster forbearance" means a forbearance made owing to a local-, state-, or federal-declared natural disaster that negatively affects a borrower's or cosigner's ability to safely live at home or to safely work.
"Office" means the Minnesota Office of Higher Education or its predecessors or successors. [Renumbered from subpart 26a.]
"Satisfactory academic progress" has the meaning given in Minnesota Statutes, section 136A.101, subdivision 10.
"SELF Loan" or "loan" means a loan issued under this chapter and does not include SELF Refi Loan.
"SELF Refi Loan" means a loan issued by the office to refinance an educational loan.
"Temporary total disability" means a disability certified according to part 4850.0027, subpart 1, and resulting from:
"Total and permanent disability" means a disability certified according to part 4850.0027, subpart 2, and resulting from:
"Transition period" means a 12-month period following the end of an in-school period.
10 SR 1852; 13 SR 128; 15 SR 1780; 18 SR 1848; L 1995 c 212 art 3 s 59; 20 SR 2214; 26 SR 1333; L 2005 c 107 art 2 s 60; 32 SR 2268; 35 SR 1092; L 2013 c 99 art 2 s 29; L 2014 c 149 s 75; L 2016 c 119 s 7; 43 SR 831; 46 SR 542
October 26, 2021
For an eligible school to certify new SELF Loans, the eligible school and the commissioner must sign a loan participation agreement that:
states the eligible school's responsibility for certifying and delivering loans to students; and
For purposes of this subpart, "certifying" means an eligible school:
verifies and documents the borrower's identity, eligible enrollment, satisfactory academic progress, loan period, and associated cost of attendance and financial aid for the loan period;
If a school finds that a borrower is in default of an existing SELF Loan, the school must not certify a new SELF Loan for the borrower. When determining whether a borrower is in default, the school may rely on written, verbal, or electronic information available to the school.
The commissioner may terminate the agreement for participation in the SELF program under Minnesota Statutes, section 136A.1701, with an eligible school upon determining:
loans originated at the school that go into default exceed the guidelines established in the SELF Loan Operations Manual.
Termination can also occur in accordance with the terms of the Institutional Loan Participation Agreement.
All obligations of the school under the agreement shall continue in full force and effect with respect to all SELF Loans then outstanding to students of the school. The termination of an agreement with a school shall be made pursuant to parts 4830.0140 and 4830.0150.
The student shall follow the appropriate SELF application process used at the eligible school. If the commissioner rejects the loan application, the applicant and the cosigner must be advised in writing of the decision and the reasons for the rejection.
The following information about the borrower and cosigner will be periodically released to a consumer credit reporting agency throughout the life of the loan:
10 SR 1852; 15 SR 1780; 17 SR 1279; 18 SR 1848; 20 SR 2214; 24 SR 389; 32 SR 2268; 35 SR 1092; L 2013 c 99 art 2 s 29; 43 SR 831; 46 SR 542
October 26, 2021
The commissioner may establish credit score requirements following a written determination that the financial strength of the loan program, or the office's ability to obtain cost-effective financing requires this change. The written determination shall detail how current or projected market conditions, loan defaults, bond rating agency requirements, and credit-scoring definitions or any of these, justify the establishment of credit score requirements. The commissioner must review and, if appropriate, adjust the credit score requirements and the written determination at least every 12 months using current and projected market conditions to support any changes in the credit score requirements or determination document. The required credit scores must be available to prospective borrowers on the office's website.
MS s 136A.16
43 SR 831
January 22, 2019
A student may borrow up to the maximum amount twice in the same grade level, as long as:
a total of seven months elapses from the beginning of the first loan period to the beginning of the second loan period;
The commissioner must determine the interest rate on SELF Loans to reflect a borrower's payment choices. When determining the interest rate, the commissioner must establish indexes or use fixed or maximum rates as provided for in the promissory note. If the index rate increases or decreases, the interest rate on the loan automatically increases or decreases on the same day without notice to the borrower.
The commissioner must set the margin to reflect the costs of the SELF program. If the commissioner determines that the margin does not reflect the costs of the SELF program, the commissioner must increase or decrease the margin.
The commissioner must list the interest rate for SELF Loans on the office's website and explain how the rate is calculated. The interest rate must also be included on billing statements sent to borrowers and cosigners.
10 SR 1852; 13 SR 128; 15 SR 1780; 18 SR 1848; 20 SR 2214; 22 SR 1369; 24 SR 389; 26 SR 1333; 32 SR 2268; 35 SR 1092; L 2013 c 99 art 2 s 29; 46 SR 542
October 26, 2021
An eligible school may receive loan disbursements through an electronic funds transfer or by individual check. If loan proceeds are in the form of an individual check, the check must be jointly payable to the borrower and the eligible school. If the loan period covers more than one academic or payment period, the loan must be disbursed in installments during each academic or payment period. (For example, if an eligible school's academic year is divided by quarters, the student's loan amount may be disbursed in three installments, once each quarter.) Disbursements must be made at the beginning of each academic term, unless the commissioner requires or the school suggests other more appropriate dates.
Before disbursing the loan proceeds, an eligible school must verify the student's registration or enrollment at the school and that the student meets the school's satisfactory academic progress requirements. If the loan proceeds are in the form of an individual check:
if the student is owed a credit balance and the school does not automatically refund the balance, the school must get the student's written instructions for holding or disbursing the balance or both.
The school:
may hold the loan proceeds until the student returns if the student is:
on a school-approved leave of absence when the loan proceeds are received from the office; and
scheduled to return within 30 days from the check date or date of the electronic funds transfer; or
must return the loan proceeds to the office if the student is not scheduled to return according to subitem (1), unit (b).
10 SR 1852; 15 SR 1780; 20 SR 2214; 22 SR 1369; 35 SR 1092; L 2013 c 99 art 2 s 29; 46 SR 542
October 26, 2021
A school must return the loan proceeds to the office if the student fails to enroll within 30 days after the student was scheduled to enroll.
If the student fails to complete the loan period at the school where the loan application was certified and transfers to another eligible school, any remaining scheduled disbursements must be canceled. The school must immediately notify the commissioner of any borrower who withdraws for any purpose. The student may apply for any remaining loan eligibility at the other eligible school, assuming the amount approved is at least $500.
If a borrower, for any reason, fails to complete a loan period, withdraws, and the school calculates a SELF refund for the borrower, that refund must be returned to the office for the SELF Loan program within 30 days of the date the school becomes aware of the withdrawal. A school must calculate a refund according to the office's SELF Loan Program Manual, May 2019, and as subsequently amended, which is incorporated by reference, is not subject to frequent change, and is available online at the office's website.
The school shall notify the commissioner immediately when a student reduces enrollment below a half-time status, but remains enrolled.
10 SR 1852; 13 SR 128; 15 SR 1780; L 1995 c 212 art 3 s 59; 20 SR 2214; 26 SR 1333; 35 SR 1092; L 2013 c 99 art 2 s 29; 46 SR 542
October 26, 2021
Borrowers or cosigners must make payments of principal and interest according to this part.
During an in-school period, the office or its agent shall bill borrowers a minimum amount due as required by the terms of the promissory note and applicable late charges at least once during each calendar quarter.
During a transition period, the office or its agent shall bill borrowers a minimum amount due as required by the terms of the promissory note and applicable late charges once during each calendar month.
During the repayment period, the office or its agent shall bill borrowers for interest, applicable late charges, and principal once during each calendar month. The interest rate may vary throughout the period, according to the promissory note. The sum of the monthly payments must equal the sum of interest plus principal, plus any applicable late charges. Except for income-driven repayment under item D, the borrower must pay a total of at least $600 each year on all of the borrower's SELF Loans.
Capitalization of interest is permitted when there is delinquent interest, deferred interest, a forbearance, or a natural disaster forbearance.
A prepayment penalty must not be assessed against borrowers who elect to make unscheduled payments of loan principal.
The commissioner must grant a forbearance or natural disaster forbearance when the borrower is unable to make payment and has not exhausted the permitted number of occurrences and upon receiving a written request from the borrower and the cosigner. The commissioner must waive the requirement for signatures from both the borrower and the cosigner when there is no current contact information for one of the parties or an affidavit or police report documents an adversarial relationship between the parties. A forbearance must not be longer than four months, but the forbearance is renewable for an additional four months upon the commissioner receiving another written request. The commissioner must set the length for any natural disaster forbearance.
If there is a peacetime public health emergency or a local-, state-, or federal-declared natural disaster, the commissioner is authorized to forego the requirement for a written request applicable to all borrowers under item G.
Upon request, the commissioner shall provide borrowers and cosigners with an annual statement of outstanding principal and interest paid during the previous calendar year.
10 SR 1852; 11 SR 1276; 13 SR 128; 15 SR 1780; 18 SR 1848; L 1995 c 212 art 3 s 59; 20 SR 2214; 26 SR 1333; 35 SR 1092; L 2013 c 99 art 2 s 29; 43 SR 831; 46 SR 542
October 26, 2021
The commissioner must file a claim to the bad-debt reserve for the outstanding principal of the loan plus accrued interest if, after exercising due diligence:
A claim to the bad-debt reserve is filed according to this subpart.
The commissioner must file a claim for death of the borrower upon confirming the borrower's death.
If the borrower becomes totally and permanently disabled, the commissioner must file a claim upon receiving a certification under part 4850.0027, subpart 2. The borrower's and cosigner's obligation to make any further payment of principal and interest on a SELF Loan is canceled as of the date that the office receives and approves a certification under part 4850.0027, subpart 2.
If a borrower or cosigner or both are adjudicated bankrupt and have liability for the SELF Loan discharged, any party not adjudicated bankrupt remains liable for unpaid principal and interest.
10 SR 1852; 15 SR 1780; 20 SR 2214; L 2001 1Sp9 art 15 s 32; 32 SR 2268; L 2013 c 99 art 2 s 29; 46 SR 542
October 26, 2021
The obligation of the borrower and the cosigner to repay a SELF Loan is forgiven upon the death of the borrower.
The obligation of the borrower and the cosigner to repay a SELF Loan is forgiven upon the office:
verifying that the total and permanent disability of the borrower occurred after the loan was fully disbursed.
The obligation of the cosigner to repay a SELF Loan is forgiven upon the office:
verifying that the total and permanent disability of the cosigner occurred after the loan was fully disbursed.
The forgiveness is effective the date the total and permanent disability documentation is approved by the office.
MS s 136A.16
32 SR 2268; 46 SR 542
October 26, 2021
A borrower who has a temporary total disability is granted a period of nonaccrual of interest upon the office:
verifying that the temporary total disability of the borrower occurred after the loan was fully disbursed.
Interest does not accrue during an approved nonaccrual of interest period, and no payments are required during this period. A temporary total disability may be approved for up to one year at a time with a maximum of three years. A borrower may request an additional nonaccrual of interest period under this item, and item A applies to any request.
At the end of the nonaccrual of interest period, the borrower must resume payments at an amount necessary to repay the loan in the period required by the promissory note unless a payment extension agreement has been entered into with the office.
MS s 136A.16
32 SR 2268; 46 SR 542
October 26, 2021
Eligible borrowers on active military duty may qualify for interest rate reductions greater than reductions already required by federal or state law based on a determination by the commissioner of available benefits. Eligible borrowers must request the reduction and have their active military status verified by the office. An available reduction is only effective for dates the borrower is on active duty. Interest reductions, other than reductions required by federal or state law, shall be discontinued without notice for any quarter in which the benefit is unavailable.
MS s 136A.16
32 SR 2268; L 2013 c 99 art 2 s 29; 46 SR 542
October 26, 2021
A defaulted loan rehabilitation option is not available for loans that are in default for a second time.
Rehabilitation must be completed within 36 months from the default date.
A defaulted loan is considered rehabilitated if the outstanding balance of the defaulted loan is paid in full to the office within 90 days from the default date.
For purposes of this subpart, "rehabilitating party" means a borrower or cosigner who rehabilitates a loan according to this subpart.
A borrower or cosigner may rehabilitate a defaulted loan upon approval by the office of a rehabilitation request signed by the borrower or cosigner and submitted to the office. If the office approves the rehabilitation request, the rehabilitating party must make 12 monthly on-time payments on the defaulted loan. If the rehabilitating party fails to make 12 on-time payments and if there is sufficient time remaining within the maximum 36-month rehabilitation period, the rehabilitating party may submit a second rehabilitation request for approval by the office to make 12 on-time payments. The combined payment amounts must be sufficient so that at the end of the rehabilitation period the loan conforms with the promissory note repayment terms had the loan not defaulted. A payment is considered on time if the payment is received by the office no later than seven calendar days after the agreed-upon due date.
A borrower and cosigner may each attempt to rehabilitate a loan twice within the 36-month rehabilitation period. For a loan to be rehabilitated under this subpart, only a borrower or a cosigner, not both, needs to rehabilitate the loan.
Once a loan has been rehabilitated, the remaining balance must be repaid within the original time frame and according to the original terms and conditions of the promissory note absent any agreed-upon extension.
Upon completion of the loan rehabilitation, the office shall request deletion of the defaulted loan status from the credit bureaus if deletion is permitted by the credit bureaus. Deletion of the default status is contingent upon approval by the credit bureaus. Any past due reporting to the credit bureaus prior to the default will not be deleted.
MS s 136A.16
32 SR 2268; 35 SR 1092; 46 SR 542
October 26, 2021
If permitted by the terms of the promissory note, a borrower may extend a transition period, but a transition period may not exceed 36 months. During a transition period, a borrower is billed according to part 4850.0017, item B.
MS s 136A.16
46 SR 542
October 26, 2021
A borrower must have a creditworthy cosigner when a loan is approved. The cosigner must be either a United States citizen or a permanent resident.
MS s 136A.16
46 SR 542
October 26, 2021
For a borrower to claim a temporary total disability, a doctor of medicine or osteopathic medicine, legally authorized to practice, must certify:
that the disability interferes with the borrower's ability to make loan payments because the borrower is unable to work; and
the date that the borrower became unable to work, the injury or illness associated with the disability, and how long the borrower is expected to be unable to work.
For a borrower or cosigner to claim a total and permanent disability, a doctor of medicine or osteopathic medicine, legally authorized to practice, must certify:
that the disability interferes with the borrower's or cosigner's ability to make loan payments because the borrower or cosigner is unable to work; and
the date that the borrower or cosigner became unable to work and the injury or illness associated with the disability.
For a temporary total disability or total and permanent disability to be claimed under this chapter, a doctor of medicine or osteopathic medicine certifying a disability under this part must send the doctor's certification to the office.
MS s 136A.16
46 SR 542
October 26, 2021
Official Publication of the State of Minnesota
Revisor of Statutes