RELATES TO: KRS 164.740, 164.7890
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.744(2) authorizes
the authority to provide scholarships. KRS 164.748(4) and 164.753(3) require
the authority to promulgate administrative regulations pertaining to the
awarding of scholarships as provided in KRS 164.740 to 164.7891. KRS 164.7890(9) requires the authority to promulgate administrative regulations
establishing the terms and conditions for the award, cancellation, and
repayment of coal county scholarships for pharmacy students. This
administrative regulation establishes the requirements for service cancellation
and repayment of scholarships provided under the program.
Section 1. Definitions.
(1) "Coal-producing county" is defined in KRS 164.7890(2).
(2) "Default" means
the status of an obligation under this program that has entered repayment and
upon which no payment has been made for a cumulative period of 180 days
following the repayment begin date for the obligation.
(3) "Full-time practice" means providing
services as a pharmacist in a coal-producing county for a minimum of 2,000
hours per calendar year.
(4)
"Qualified service" is defined in KRS 164.7890(3)(d).
Section 2. Cancellation.
(1) A recipient shall receive cancellation
under this program for each year during which service is provided as specified
in
KRS 164.7890(5)(b) if the recipient:
(a)
Has completed the program of study;
(b) Has provided qualified service in a
coal-producing county in Kentucky; and
(c) Has submitted to the authority written
verification of qualified service.
(2) A recipient rendering qualified service
shall remain eligible for the credit cancellation if:
(a) The county in which qualified service is
provided ceases to be a coal-producing county as defined in KRS 164.7890(2);
and
(b) The recipient continues to
render continuous qualified service in the area.
Section 3. Repayment.
(1) Interest at the rate of six (6) percent
per annum shall be applicable to the coal county scholarship under this section
and shall begin accruing upon disbursement of the award.
(2) If repayment becomes necessary pursuant
to KRS 164.7890(5)(c), the authority shall send a written notification of
demand for repayment to the scholarship recipient's last known address. The
notification shall be effective upon mailing.
Section 4. Application of Payment.
(1) The authority may agree to accept
repayment in installments in accordance with a schedule established by the
authority.
(2) Payments shall first
be applied to interest and then to principal on the earliest unpaid promissory
note.
(3) If a repayment obligation
subsequently becomes eligible for service credit cancellation as a result of
the recipient's provision of pharmacy service, refund of payments previously
made shall not be given to the recipient.
Section 5. Default.
(1) Upon default on a repayment obligation
under this program, the recipient's account shall be transferred to the
appropriate agency of the Commonwealth of Kentucky for collections and shall be
subject to the collection charges and fees assessed by that agency.
(2) A recipient whose repayment obligation
has defaulted and who subsequently begins providing pharmacy service in a
coal-producing county in the Commonwealth of Kentucky shall be removed from
default status.
Section
6. Rehabilitation.
(1) The
authority shall offer a recipient in default under this program an opportunity
to rehabilitate the loan obligation in order to remove it from
default.
(2) A defaulted recipient
interested in pursuing loan rehabilitation shall contact the authority and
enter into a written agreement to submit six (6) consecutive, voluntary,
on-time monthly payments to the agency of the Commonwealth currently charged
with collecting the obligation.
(3)
At the completion of the rehabilitation repayment agreement, the recipient's
loan shall be removed from default and the account shall be transferred back to
the authority which shall resume servicing the loan.
(4) A refund of fees or charges assessed
during the default period shall not be due a recipient who completes
rehabilitation.
(5) A recipient
whose loan obligation has been removed from default due to rehabilitation shall
not be eligible for subsequent rehabilitation if there is a subsequent
default.
Section 7.
Disability Discharge. A conditional or permanent discharge of the repayment
obligation required by this program shall be granted by the Authority upon
submission by the recipient of the documentation required by this section.
(1) Conditional discharge. A conditional
discharge shall be granted for a maximum two (2) year period, subject to annual
review by the Authority, upon the submission of one (1) of the following as
proof of the recipient's qualifying disability:
(a) A finding of permanent disability by the
Social Security Administration; or
(b) A statement by the recipient's treating
physician that:
1. Identifies:
a. The nature of the condition; and
b. The date the condition occurred;
and
2. Certifies that
the:
a. Recipient is unable to work or earn
money; and
b. Condition is expected
to persist indefinitely.
(2) Permanent discharge. At the expiration of
the two (2) year Conditional Discharge period specified in subsection (1) of
this section, the Authority shall grant a permanent discharge to a recipient
under this program upon the Authority's review of the submission by the
recipient of current documentation verifying that the qualifying disability
continues to exist at the time the documentation is submitted.