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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
11controls 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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14(4) Upon the filing of an application for an initial license and the payment of
15the fees for licensing and investigation under sub. (3), the office shall investigate the
16financial condition and responsibility, financial and business experience, character,
17and general fitness of the applicant. The office may conduct criminal history
18background checks of the applicant and of each partner, member, officer, director,
19and principal employee of the applicant. The office may issue a license if the office
20finds 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,
23carefully, and efficiently within the purposes and intent of this subchapter and in a
24manner commanding the confidence and trust of the community.
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1(c) No person on behalf of the applicant has knowingly made an incorrect
2statement of a material fact in the application or in any report or statement made
3under this subchapter.
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(d) The applicant has met any other requirements as determined by the office.
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5(5) A license issued under this section expires at the close of business on
6September 30 of the odd-numbered year following its issuance, unless renewed or
7earlier surrendered, suspended, or revoked. No later than 15 days after a licensee
8ceases to engage in the business of student education loan servicing in this state for
9any reason, including a business decision to terminate operations in this state,
10license revocation, bankruptcy, or voluntary dissolution, the licensee shall provide
11written notice of surrender to the office and shall surrender to the office its license
12for each location in which the licensee has ceased to engage in such business. The
13written notice of surrender shall identify the location where the records of the
14licensee will be stored and the name, address, and telephone number of an individual
15authorized to provide access to the records. The surrender of a license does not
16reduce or eliminate the licensee's civil or criminal liability arising from acts or
17omissions occurring prior to the surrender of the license, including any
18administrative actions undertaken by the office.
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19(6) A license issued under this section may be renewed for the ensuing
2024-month period upon the filing of an application containing all required documents
21and fees as provided in this section. A renewal application shall be filed on or before
22September 1 of the year in which the license expires. A renewal application filed with
23the office after September 1 that is accompanied by a $100 late fee is considered to
24be timely and sufficient. If an application for a renewal license has been filed with
25the office on or before the date the license expires, the license continues in effect until
1the issuance by the office of the renewal license applied for or until the office has
2notified the licensee in writing of the office's refusal to issue the renewal license
3together with the grounds on which the refusal is based. The office may refuse to
4issue a renewal license on any ground on which the office may refuse to issue an
5initial license.
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6(7) An applicant or licensee under this section shall notify the office, in writing,
7of any change in the information provided in the initial application for a license or
8the most recent renewal application for a license, as applicable, not later than 10
9business days after the occurrence of the event that results in the change.
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10(8) The office may consider an application for a license under this section
11abandoned if the applicant fails to respond to any request for information required
12under this subchapter or any rule promulgated under this subchapter, as long as the
13office notifies the applicant, in writing, that the application will be considered
14abandoned if the applicant fails to submit the information within 60 days after the
15date on which the request for information is made. An application filing fee paid
16prior to the date an application is abandoned under this subsection may not be
17refunded. Abandonment of an application under this subsection does not preclude
18the applicant from submitting a new application for a license under this section.
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19(9) A licensee may not act within this state as a student loan servicer under any
20name or at any place of business other than that identified in the license. A licensee
21may not change the location of the licensee's place of business without prior written
22notice to the office. Not more than one place of business may be maintained under
23the same license, but the office may issue more than one license to a licensee that
24complies with the provisions of this subchapter as to each license. A license is not
25transferable or assignable.
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1(10) (a) A student loan servicer shall maintain adequate records of each
2student education loan transaction. Except as otherwise required by federal law, a
3federal student loan education agreement, or a contract between the federal
4government and the student loan servicer, a student loan servicer shall maintain
5these records for not less than 2 years following the final payment on the student
6education loan or the assignment of the student education loan, whichever occurs
7first.
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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.