13B.02.06.08

.08 Filing Claims.

A. A student shall file a claim within 3 years of the date the student knew, or reasonably should have known, of facts that might entitle the student to an award under Regulation .04A of this chapter. Claims filed after that date may not be considered, unless the Secretary determines that there are extenuating circumstances that justify or excuse the late filing. In the event of a school closure, claims shall be filed within 3 years of the date of the schoolís closure, unless the Secretary determines that there are extenuating circumstances that justify or excuse a late filing.

B. A student making a claim against the Fund shall submit a First Report of Claim Form, prepared by the Secretary and published on the Commissionís website, which shall require the student to submit, at a minimum, the following information:

(1) The studentís:

(a) Complete name at the time of enrollment and, if different, the studentís current name;

(b) Date of birth;

(c) Current home address;

(d) Current mailing address;

(e) Telephone number or numbers;

(f) Current email address;

(g) Social Security number;

(h) Program of study;

(i) Degree, certificate, or other award obtained or sought; and

(j) Dates of enrollment at the school;

(2) The name and campus location of the school against which the claim is made;

(3) The basis for the claim, specifying if the claim is based on the:

(a) Schoolís closure;

(b) Schoolís failure to faithfully comply with all agreements and contracts that it makes with the student; or

(c) Schoolís failure to comply with a provision of Education Article, Annotated Code of Maryland;

(4) A statement detailing the studentís effort to resolve the claim with the school, including any relevant documentation;

(5) A statement of the remedy requested; and

(6) A signed statement, compliant with State and federal privacy laws, that the student authorizes representatives of the school, lenders, the USED, and loan servicers to release any and all records, including educational and financial records, to the Secretary in the course of the Secretaryís investigation of the claim.

C. A student who has submitted a claim shall update the Secretary of any change in name, mailing address, email address, or phone number.

D. Loan Discharge Request.

(1) A student shall request that the USED and, if applicable, its loan servicer, discharge all or part of the studentís loan if:

(a) The studentís claim is based on a schoolís closure; and

(b) The student is indebted to the USED for monies used to pay tuition and fees to the school.

(2) A studentís claim against the Fund for tuition and fees that are subject to discharge may not be processed until the student provides the Secretary with evidence from the USED or loan servicer, as applicable, of a final decision on the studentís loan discharge request.

(3) The Secretary may require that a student request a loan discharge in other circumstances prior to adjudicating the claim.

E. The Secretary may seek information needed to process a claim directly from a school, lender, loan servicer, or the USED.

F. Notwithstanding any other provision, a studentís failure to comply with this regulation or to supply any information requested by the Secretary during an investigation or adjudication of a claim may result in a partial or complete denial of a claim.

G. The Secretary may require that a student submit information in addition to the First Report of Claim Form, including but not limited to:

(1) Facts and documents that support the claim;

(2) An explanation of how the schoolís actions injured or damaged the student;

(3) The studentís complete transcript, reflecting any degrees, certificates, or other awards received;

(4) The studentís financial statement of account with the school, or other documents that indicate charges and payments for tuition and fees;

(5) A copy of the studentís request that the USED or loan servicer discharge all or a portion of the studentís loans; and

(6) The names of all lenders or loan servicer to whom the Student is indebted for tuition assistance, and the account and current contact information for each.