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(b) Upon request by the office, a student loan servicer shall make the records
9under par. (a) available or shall send these records to the office by registered or
10certified mail, return receipt requested, or by any express delivery carrier that
11provides a dated delivery receipt, not later than 5 business days after requested by
12the office to do so. The office may grant a licensee additional time to make these
13records available or to send the records to the office.
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14(11) (a) The office may suspend, revoke, or refuse to renew a license issued
15under this section if the office finds any of the following:
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1. That the licensee has violated any provision of this subchapter, any rule
17promulgated thereunder, or any lawful order of the office made thereunder.
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2. That any fact or condition exists that, if it had existed at the time of the
19original application for the license, clearly would have warranted a denial of the
20license.
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3. That the licensee made a material misstatement in an application for a
22license or in information furnished to the office.
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4. That the licensee has failed to pay any fee required under this section.
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(b) The office shall suspend a license issued under this section if the office finds
25that the licensee is an individual who fails to comply, after appropriate notice, with
1a subpoena or warrant issued by the department of workforce development or a
2county child support agency under s. 59.53 (5) and related to paternity or child
3support proceedings or who is delinquent in making court-ordered payments of child
4or family support, maintenance, birth expenses, medical expenses, or other expenses
5related to the support of a child or former spouse, as provided in a memorandum of
6understanding entered into under s. 49.857. A licensee whose license is suspended
7under this paragraph is entitled to a notice and hearing only as provided in a
8memorandum of understanding entered into under s. 49.857 and is not entitled to
9any other notice or hearing under this section.
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(c) The office shall revoke a license issued under this section if the department
11of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.
12A licensee whose license is revoked under this paragraph for delinquent taxes is
13entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5)
14(a) but is not entitled to any other notice or hearing under this section.
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(d) The office shall revoke a license issued under this section if the department
16of workforce development certifies under s. 108.227 that the licensee is liable for
17delinquent unemployment insurance contributions. A licensee whose license is
18revoked under this paragraph for delinquent unemployment insurance
19contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under
20s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
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(e) A person whose license has been suspended, revoked, or refused renewal
22under this subsection may request a hearing under s. 227.44 within 30 days after the
23date of suspension, revocation, or refusal. The office may appoint a hearing examiner
24under s. 227.46 to conduct the hearing. This paragraph does not apply to a
25suspension or revocation under pars. (b) to (d).
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1(f) An abatement of the license fee may not be made if the license is suspended
2or revoked under this subsection or surrendered in connection with a suspension or
3revocation proceeding.
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4(12) All fees received by the office under this section shall be credited to the
5appropriation account under s. 20.144 (1) (g).
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6224.106 Student loan servicers.
(1) In this section, “nonconforming
7payment" means a payment on a student education loan that is different from the
8required payment.
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9(2) (a) Except as otherwise provided in federal law, a federal student education
10loan agreement, or a contract between the federal government and a student loan
11servicer, a student loan servicer shall comply with the requirements of this
12subsection.
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(b) A student loan servicer shall respond to a written inquiry from a student
14loan borrower or the representative of a student loan borrower within 30 days after
15receiving the inquiry.
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(c) Upon receipt of a nonconforming payment on a student education loan, a
17student loan servicer shall do all of the following:
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1. Ask the student loan borrower how the student loan borrower prefers the
19student loan servicer to apply the nonconforming payment.
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2. Note how the student loan borrower prefers the student loan servicer to
21apply the nonconforming payment.
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3. Apply the nonconforming payment in the manner preferred by the student
23loan borrower.
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14. Until the student loan borrower indicates otherwise, apply any future
2nonconforming payments in the same manner preferred by the student loan
3borrower as noted under subd. 2.
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(d) If there is a sale, assignment, or other transfer of the servicing of a student
5education loan that results in a change in the identity of the person to whom a
6student loan borrower is required to send payments or direct any communication
7concerning the student education loan, all of the following apply:
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1. As a condition of the sale, assignment, or transfer, the student loan servicer
9shall require the new student loan servicer to honor all benefits originally
10represented as available to the student loan borrower during the repayment of the
11student education loan and preserve the availability of these benefits, including any
12benefits for which the student loan borrower has not yet qualified.
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2. Within 45 days after the sale, assignment, or transfer, the student loan
14servicer shall transfer to the new student loan servicer all information regarding the
15student loan borrower, the account of the student loan borrower, and the student
16education loan of the student loan borrower, including the repayment status of the
17student loan borrower and any benefits associated with the student education loan.
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3. The sale, assignment, or transfer of the servicing of the student education
19loan shall be completed at least 7 days before the next payment on the student
20education loan is due.
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(e) A student loan servicer that obtains the right to service a student education
22loan shall adopt policies and procedures to verify that the student loan servicer has
23received all information regarding the student loan borrower, the account of the
24student loan borrower, and the student education loan of the student loan borrower,
1including the repayment status of the student loan borrower and any benefits
2associated with the student education loan.
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3(3) A student loan servicer may not do any of the following:
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(a) Directly or indirectly employ a scheme, device, or artifice to defraud or
5mislead any student loan borrower.
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(b) Engage in an unfair or deceptive practice toward any person or
7misrepresent or omit any material information in connection with the servicing of
8a student education loan, including misrepresenting the amount, nature, or terms
9of any fee or payment due or claimed to be due on a student education loan, the terms
10and conditions of the loan agreement, or the student loan borrower's obligations
11under the loan.
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(c) Obtain property by fraud or misrepresentation.