Procedures for inclusion on the approved provider list.
(a) As used in this section the term “provider” means a provider of a personal financial management instructional course.
(b) Each provider seeking to be included on the list of approved providers must complete in its entirety the application form EOUST-DE1, “Application for Approval as a Provider of a Personal Financial Management Course” (application), including all appendices, and submit it at the address indicated on the application. Accredited universities may complete only the portions of the application as indicated in section 58.25(l).
(c) The application must be executed under penalty of perjury in a manner specified in 28 U.S.C. 1746.
(d) An application will not be accepted by the EOUST unless it is complete and has been signed by a provider representative who is authorized to sign on behalf of the provider. An application that is incomplete or has been altered, amended, or changed in any respect from the application at the United States Trustee Program's Web site will not be accepted by the EOUST. Such an application will be denied, and no further action on the request for inclusion on the approved list will be taken until a new application is submitted that corrects the defects.
(e) The EOUST will not accept an application submitted by a provider on behalf of another individual or group of individuals. Each provider that desires to be included on the approved list must submit its own application.
(f) Each provider must submit a new application 45 to 60 days before expiration of its six month probationary period or annual period to be considered for annual approval. After the application is completed and signed, the originals and a copy must be mailed to the EOUST, Debtor Education Provider Application Processing, at the address indicated on the application. The EOUST will not accept a photocopy or facsimile of the application in lieu of the original.
(g) A provider whose name appears on the list incorrectly may submit a written request that the name be corrected. A provider whose name appears on the list may submit a written request that its name be removed from the list.
(h) By submitting an application, the provider expressly consents to the release and disclosure of the provider's name on the approved list, and the publication of the provider's contact information.
(i) Obligation to Update Information: (1) The provider has a continuing duty to promptly notify the EOUST of any circumstances that would materially alter or change a response to any section of the application, including but not limited to, changes in the location of primary or satellite business office(s); the principal contact person; name or fictitious name under which the provider does business; management, including the board of directors; and a merger or consolidation with another entity;
(2) The provider shall request approval by amendment to its application, and prior to occurrence of the following changes:
(i) An increase in the fees, contributions, or payments received from debtor students for the instructional course or a change in the provider's policy for the reduction or waiver of fees;
(ii) Expansion into additional judicial districts or withdrawal from judicial districts where the provider is approved; and
(iii) Method of delivery type of instructional services or course curriculum;
(3) The provider must include with any amendment to its application, a newly executed “certification and signature;”
(4) The provider will notify the EOUST immediately upon the occurrence of any of the below noted events:
(i) Cessation of business of the provider or of any office of the provider;
(ii) Any action by a state agency to suspend the license or cancel other authorization to do business;
(iii) A suspension by an accreditation organization or denial of accreditation; and
(iv) Withdrawal as an approved provider;
(j) An approved provider may not transfer or assign its United States Trustee approval under section 111 as a provider of a personal financial management instructional course.
[71 FR 38082, July 5, 2006]
Title 28 published on 2012-07-01
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