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22(2) Annually, an exempt organization that is involved in the resolution of a
23complaint under this section shall report to the office the number of complaints
24received and the number of complaints resolved by the exempt organization.
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1224.105 Licensing of student loan servicers. (1) A person, wherever
2located, may not directly or indirectly engage in servicing student education loans
3in this state without first obtaining a license from the office under this section, unless
4the person is exempt from licensure under sub. (2).
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5(2) The following persons are exempt from the licensing requirement under
6sub. (1):
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(a) A state-regulated financial service provider.
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(b) The board.
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9(3) A person seeking to act within this state as a student loan servicer shall
10make a written application to the office for an initial license in the form prescribed
11by the office. The application shall be accompanied by all of the following:
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(a) A financial statement prepared by a certified public accountant or a public
13accountant, a general partner if the applicant is a partnership, a corporate officer if
14the applicant is a corporation, or a member duly authorized to execute such
15documents if the applicant is a limited liability company or association.
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(b) Information regarding the history of criminal convictions of the following,
17which information must be sufficient, as determined by the office, to make the
18findings under sub. (4):
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1. The applicant.
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2. Officers, directors, and principal employees of the applicant.
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3. Each individual shareholder, member, or partner who directly or indirectly
22controls 10 percent or more of the ownership interests of the applicant.
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(c) A nonrefundable license fee of $1,000.
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(d) A nonrefundable investigation fee of $800.
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1(4) Upon the filing of an application for an initial license and the payment of
2the fees for licensing and investigation under sub. (3), the office shall investigate the
3financial condition and responsibility, financial and business experience, character,
4and general fitness of the applicant. The office may conduct criminal history
5background checks of the applicant and of each partner, member, officer, director,
6and principal employee of the applicant. The office may issue a license if the office
7finds all of the following to be true:
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(a) The applicant's financial condition is sound.
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(b) The applicant's business will be conducted honestly, fairly, equitably,
10carefully, and efficiently within the purposes and intent of this subchapter and in a
11manner commanding the confidence and trust of the community.
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(c) No person on behalf of the applicant has knowingly made an incorrect
13statement of a material fact in the application or in any report or statement made
14under this subchapter.
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(d) The applicant has met any other requirements as determined by the office.
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16(5) A license issued under this section expires at the close of business on
17September 30 of the odd-numbered year following its issuance, unless renewed or
18earlier surrendered, suspended, or revoked. No later than 15 days after a licensee
19ceases to engage in the business of student education loan servicing in this state for
20any reason, including a business decision to terminate operations in this state,
21license revocation, bankruptcy, or voluntary dissolution, the licensee shall provide
22written notice of surrender to the office and shall surrender to the office its license
23for each location in which the licensee has ceased to engage in such business. The
24written notice of surrender shall identify the location where the records of the
25licensee will be stored and the name, address, and telephone number of an individual
1authorized to provide access to the records. The surrender of a license does not
2reduce or eliminate the licensee's civil or criminal liability arising from acts or
3omissions occurring prior to the surrender of the license, including any
4administrative actions undertaken by the office.
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5(6) A license issued under this section may be renewed for the ensuing
624-month period upon the filing of an application containing all required documents
7and fees as provided in this section. A renewal application shall be filed on or before
8September 1 of the year in which the license expires. A renewal application filed with
9the office after September 1 that is accompanied by a $100 late fee is considered to
10be timely and sufficient. If an application for a renewal license has been filed with
11the office on or before the date the license expires, the license continues in effect until
12the issuance by the office of the renewal license applied for or until the office has
13notified the licensee in writing of the office's refusal to issue the renewal license
14together with the grounds on which the refusal is based. The office may refuse to
15issue a renewal license on any ground on which the office may refuse to issue an
16initial license.
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17(7) An applicant or licensee under this section shall notify the office, in writing,
18of any change in the information provided in the initial application for a license or
19the most recent renewal application for a license, as applicable, not later than 10
20business days after the occurrence of the event that results in the change.
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21(8) The office may consider an application for a license under this section
22abandoned if the applicant fails to respond to any request for information required
23under this subchapter or any rule promulgated under this subchapter, as long as the
24office notifies the applicant, in writing, that the application will be considered
25abandoned if the applicant fails to submit the information within 60 days after the
1date on which the request for information is made. An application filing fee paid
2prior to the date an application is abandoned under this subsection may not be
3refunded. Abandonment of an application under this subsection does not preclude
4the applicant from submitting a new application for a license under this section.
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5(9) A licensee may not act within this state as a student loan servicer under any
6name or at any place of business other than that identified in the license. A licensee
7may not change the location of the licensee's place of business without prior written
8notice to the office. Not more than one place of business may be maintained under
9the same license, but the office may issue more than one license to a licensee that
10complies with the provisions of this subchapter as to each license. A license is not
11transferable or assignable.
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12(10) (a) A student loan servicer shall maintain adequate records of each
13student education loan transaction. Except as otherwise required by federal law, a
14federal student loan education agreement, or a contract between the federal
15government and the student loan servicer, a student loan servicer shall maintain
16these records for not less than 2 years following the final payment on the student
17education loan or the assignment of the student education loan, whichever occurs
18first.
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(b) Upon request by the office, a student loan servicer shall make the records
20under par. (a) available or shall send these records to the office by registered or
21certified mail, return receipt requested, or by any express delivery carrier that
22provides a dated delivery receipt, not later than 5 business days after requested by
23the office to do so. The office may grant a licensee additional time to make these
24records available or to send the records to the office.
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1(11) (a) The office may suspend, revoke, or refuse to renew a license issued
2under 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
4promulgated 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
6original application for the license, clearly would have warranted a denial of the
7license.
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3. That the licensee made a material misstatement in an application for a
9license or in information furnished to the office.