W. Va. Code R. § 133-58-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 133-58-9 - Repayment of Scholarship

9.1. If a recipient does not fulfill the service requirement, he or she is obligated to repay to the Commission the principal and the interest that accrues on the scholarship award. The recipient shall enter into a repayment agreement with the Commission governing the terms of repayment. The Vice Chancellor shall charge interest at the then-current rate prescribed by the Administrative Office of the West Virginia Supreme Court of Appeals. Interest shall begin to accrue at the time the repayment period begins.

9.2. If a recipient fails to complete the course of study funded by the Nursing Scholarship, interest on repayment shall accrue from the day on which the recipient withdrew from the nursing program.

9.3. If a recipient fulfills a portion of, but not the entire, service requirement due under the scholarship agreement, interest on repayment shall accrue from the day on which the recipient ceased to fulfill the service requirement.

9.4. In the event a recipient fails to fulfill the education or service requirements the recipient shall repay the Commission the full amount of the scholarship awarded within 60 days from the date of non-compliance. If extenuating circumstances exist, the Vice Chancellor may, upon receipt of documentation sufficient to demonstrate the circumstance, extend the repayment period from 60 days to 120 days. Extenuating circumstances include, but are not limited to, the recipient's temporary illness, injury, or disability; inability to secure a full-time position in a nursing or nursing education field; or serious family illness.

9.5. At any time during the repayment period described herein, the Vice Chancellor may grant forbearance to the recipient in order to prevent the recipient from defaulting on the repayment obligation or to permit the recipient to resume honoring the repayment obligation after default.

9.5.1. For purposes of this Section, "forbearance" means permitting the temporary cessation of payments, allowing an extension of time for making payments, or temporarily accepting smaller payments than previously were scheduled.

9.5.2. The Vice Chancellor may grant forbearance of payments of principal and interest under this Section only if he or she reasonably believes, based upon documentation or other evidence provided by the recipient, that the recipient intends to repay the obligation but, due to poor health or other extenuating circumstances, is currently unable to make the scheduled payments.

9.6. As permitted by federal and State law and the terms of the scholarship agreement, the Vice Chancellor for Administration may assess reasonable collection costs, late charges, and attorney fees to delinquent accounts.

9.7. The Vice Chancellor shall exercise due diligence in the collection of amounts owed and refer accounts more than 120 days past due to the Secretary of the Department of Administration or to a collection agent for collection of a claim due to the State in accordance with W. Va. Code § 14-1-1, et seq.

W. Va. Code R. § 133-58-9