13B.08.20.11

.11 Deferment of the Service Obligation and Repayment.

A. Recipients shall seek eligible employment aggressively within the State.

B. A recipient may request that the service obligation be deferred during the time the recipient is:

(1) Enrolled full-time (12 or more credits per semester) or part-time (6—11 credits per semester) in an undergraduate course of study, at any post-secondary institution in the State;

(2) On a temporary leave of absence, approved by the employer in the required employment field, for a period not to exceed 12 months;

(3) Temporarily disabled in a manner that substantially impairs the recipientís ability to perform the service obligation, for a period not to exceed 3 years;

(4) Unable to maintain employment, for a period not to exceed 12 months, because the recipient must care for a spouse or child who is disabled;

(5) Assigned military duty outside of the State, not to exceed 3 years, without filing an appeal; or

(6) Married to a spouse assigned military duty outside of the State, not to exceed 3 years, without filing an appeal.

C. A recipientís deferment request shall include satisfactory supporting documentation, consisting of the following, as appropriate:

(1) Certification by the institution that the recipient has returned to a full-time or part-time course of study at an institution of post-secondary education in the State;

(2) Certification by the employer that the recipient is on a temporary approved leave of absence;

(3) A sworn affidavit by a qualified physician that the recipient is temporarily disabled in a manner that substantially impairs the recipientís ability to perform the service obligation;

(4) A sworn affidavit by a qualified physician that the recipient is unable to maintain employment because the recipient must care for a spouse or child who is disabled; or

(5) A copy of military orders.

D. The Office shall review all documentation, determine if the deferment conditions have been met and, if so, determine the deferment period.

E. During the period of an approved deferment, a recipient need not make scholarship repayments and interest does not accrue.

F. The Office shall, on a case-by-case basis, review appeals from individuals assigned military duty outside the State, and from spouses of individuals assigned military duty outside the State, that exceed the 3-year deferral limit. Appeals shall be in writing and include a copy of the military orders, and the Director shall determine if an appeal is granted.