Current through October 31, 2024
Section 682.705 - Suspension proceedings(a)Scope.(1) A suspension by the Secretary removes a lender's eligibility under the FFEL programs or a third-party servicer's ability to enter into contracts with eligible lenders, and the Secretary does not guarantee or reinsure a new loan serviced by the servicer during a period not to exceed 60 days from the date the suspension becomes effective, unless-(i) The lender or servicer and the Secretary agree to an extension of the suspension period, if the lender or third-party servicer has not requested a hearing; or(ii) The Secretary begins a limitation or a termination proceeding.(2) If the Secretary begins a limitation or a termination proceeding before the suspension period ends, the Secretary may extend the suspension period until the completion of that proceeding, including any appeal to the Secretary.(b)Notice.(1) The Secretary, or a designated Departmental official, begins a suspension proceeding by sending the lender or servicer a notice by certified mail with return receipt requested.(2) The notice- (i) Informs the lender or servicer of the Secretary's intent to suspend the lender's or servicer's eligibility for a period not to exceed 60 days;(ii) Describes the consequences of a suspension;(iii) Identifies the alleged violations on which the proposed suspension is based;(iv) States the proposed date the suspension becomes effective, which is at least 20 days after the date of mailing of the notice;(v) Informs the lender or servicer that the suspension will not take effect on the proposed date if the Secretary receives at least five days prior to that date a request for an oral hearing or written material showing why the suspension should not take effect; and(vi) Asks the lender or servicer to correct voluntarily any alleged violations.59 FR 22457, Apr. 29, 1994, as amended at 60 FR 33058, June 26, 1995; 66 FR 34764 , June 29, 2001; 68 FR 66615 , Nov. 26, 2003; 72 FR 62009 , Nov. 1, 2007; 78 FR 65822 , Nov. 1, 2013 Authority: 20 U.S.C. 1080 , 1082 , 1085 , 1094