12 Va. Admin. Code § 5-508-250 - Deferment or waiver of service
A. Participants have the obligation to
complete full-time continuous service for the period of their commitment. Under
unusual circumstances as described in subsection B of this section, a
participant may request that the board agree to a deferment of the service
obligation. This deferment, if granted, shall not relieve the participant of
the responsibility to complete the remaining portion of the obligation. Such
deferment shall not be permitted as a matter of course, but may be allowed in
the most compelling cases.
B.
Individual cases may be considered by the board for a variance of payment or
service, pursuant to § 32.1-12 of the Code of Virginia, if it finds
compliance with the applicable service requirements or default repayment would
pose an undue hardship on the participant.
C. If the participant is in default due to
death or disability so as not to be able to engage in medical practice in an
HPSA , a VMUA, an approved geriatrics fellowship , or a state or local
institution in the Commonwealth, the participant or his personal representative
may be relieved of his obligation under the contract to engage in medical
practice, upon repayment to the Commonwealth of the total amount of loan
repayment received plus interest and penalty as stated in the contract. For
participants completing part of the required service obligation prior to
becoming permanently disabled or in the event of death, the total amount of
loan repayment funds owed shall be reduced by the proportion of obligated years
served. The obligation to make restitution may be waived by the board upon
application of the participant or the participant's representative to the
board .
D. All requests for
deferments, waivers, or variances must be submitted in writing to the
department for consideration and final disposition by the board .
Notes
Statutory Authority: §§ 32.1-12 and 32.1-122.6:1 of the Code of Virginia.
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