N.M. Admin. Code § 5.7.21.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 5.7.21.12 - LOAN REPAYMENT AND FORGIVENESS

A. All loans shall be repaid to the state together with interest or forgiven according to the following:

(1) If a program loan recipient completes his/her professional education and does not provide service in New Mexico for a period of at least one year, the commission may assess a penalty of up to three times the principal due, plus eighteen percent interest, unless the WICHE commissioners find acceptable extenuating circumstances for why the student cannot serve and comply with the forgiveness provisions outlined in this section.

(a) The full penalty shall apply unless the circumstances reflect that the penalty should be reduced on a prorata basis reasonably reached based upon the degree of control which the recipient has over the decision not to serve. The recipient shall have the burden of proof.

(b) If the WICHE commissioners do not find acceptable extenuating circumstances for the student's failure to carry out his/her declared intent to provide service in New Mexico, the commission shall require immediate repayment of the unpaid principal amount of the loan plus accrued interest owed plus the amount of any penalty assessed pursuant to this section

(2) If a program loan recipient fails to complete their eligible profession education, the principal shall come due together with interest immediately upon termination of their education. The commission, in consultation with the student, shall establish terms of repayment, alternative service or cancellation terms. Loans meeting this provision will bear interest rate of seven percent per year.

B. The contract shall further provide that immediately upon completion or termination of the student's eligible profession education, all interest then accrued due shall be capitalized.

C. If the borrower, after completion of their eligible profession education and any period of internship and/or residency, provides service in New Mexico, loan principal and interest may be forgiven according to the following formula:

(1) loan terms of one academic year or less shall require one year of practice in New Mexico. Upon completion of service, one hundred percent of the principal plus accrued interest shall be forgiven;

(2) loan terms of two academic years shall require one year of practice in New Mexico for each academic year of the loan. Upon completion of the first year of service, fifty percent of the principal plus accrued interest shall be forgiven. Upon completion of the second year of service, the remainder of the principal plus accrued interest shall be forgiven; and,

(3) for loan terms of three academic years or more, forty percent of the principal plus accrued interest shall be forgiven upon completion of the first year of service in New Mexico, thirty percent of the principal plus accrued interest shall be forgiven upon completion of the second year of service and the remainder of the principal plus accrued interest shall be forgiven upon completion of the third year of service.

D. Recipients must serve a complete year of service in order to receive credit for that year. The minimum credit for a year of service shall be established by the WICHE commissioners.

E. Subject to applicable statutory limitations, the WICHE commissioners may extend or modify the foregoing repayment periods for good cause.

F. In the event it becomes necessary, the WICHE commissioners may suspend loan payments using the following forbearance provisions:

(1) If the borrower is willing, but financially unable to make payments under the repayment schedule, the borrower may request forbearance to allow for any of the following:

(a) a short period during which no payments are made, interest would continue to accrue;

(b) an extension of time for making payments, interest would continue to accrue; or

(c) a period during which the borrower makes smaller payments than were originally scheduled, interest would continue to accrue on the unpaid principal.

(2) Forbearance following completion of program, internship, or residency will not be granted for periods extending beyond six months. The granting of a subsequent forbearance must be approved by the designated staff representative of the commission.

(3) The borrower must submit a written request accompanied by a financial statement and a consent-waiver for authorization for current employment and address information concerning the borrower and other information as requested.

(4) Deferral of repayment obligation may be as follows, at the determination by the designated staff representative of the commission:

(a) the borrower is serving up to a maximum of three years as an active duty member of the Armed Forces of the United States;

(b) the borrower is temporarily totally disabled, for a period not to exceed three years, as established by sworn affidavit of a qualified physician;

(c) the borrower is seeking but unable to find full-time employment for a single period not to exceed twelve months;

(d) the borrower is unable to secure employment for a period not to exceed twelve months while caring for a disabled spouse;

(e) the borrower is unable to satisfy the terms of the repayment schedule while seeking but unable to find full-time employment in an eligible health profession, in a designated shortage area, for a single period not to exceed twenty-seven months; or

(f) other extenuating circumstances as provided for under the American Family Leave Act.

G. Loans may be prepaid at any time, subject to the penalty provision set forth in this section. Payment on a loan not in repayment may be made in any amount. Payments on a matured promissory note shall be in the amounts of and be applied on the principal installments due on such note in the inverse order of the maturities of such installments, unless otherwise agreed.

H. Authorized charges and fees:

(1) Borrower may be charged a late charge in the amount of five percent of the installment payment or five dollars ($5.00), whichever is less, on any payment made later than ten days after it is due.

(2) Attorney's fees, other charges, and costs: Borrower shall agree to pay all reasonable attorney's fees, and other costs and charges necessary for the collection of any loan amount not paid when due.

I. Borrower has the responsibility to notify the commission in advance of any change of address and of any action which necessitates reconsideration of a promissory note (i.e. the failure to serve in a designated shortage area) the termination of service in a designated shortage area, or his/her ceasing to be enrolled in an eligible institution in an eligible health profession program. Borrower's failure to notify the commission and to execute a promissory note on request shall cause the full amount of principal and accumulated interest to become due immediately.

N.M. Admin. Code § 5.7.21.12

9/30/97; Recompiled 10/31/01