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15(7) Review, as authorized and appropriate, the complete student education
16loan history for a student loan borrower who provides written consent for the review.
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17(8) Provide sufficient outreach and disseminate information concerning the
18availability of the office to assist student loan borrowers and potential student loan
19borrowers, public institutions of higher education, student loan servicers, and any
20other participants in student education loan lending with any student education
21loan servicing concerns.
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22(9) Seek the assistance of an exempt organization in the resolution of a student
23loan borrower complaint as described in sub. (2) involving that exempt organization.
24The exempt organization shall cooperate with the office as required by s. 224.104.
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1(10) Take any other action necessary to fulfill the duties of the office as set forth
2in this subchapter.
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3224.103 Annual report. The office shall submit a report by January 1 of each
4year to the standing committee of each house of the legislature having jurisdiction
5over matters related to higher education. The report shall include all of the
6following:
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7(1) A description of actions taken with respect to the implementation of this
8subchapter.
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9(2) An assessment of the overall effectiveness of the office, including
10information, in the aggregate, regarding student loan borrower complaints
11investigated with the assistance of an exempt organization.
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12(3) Recommendations regarding additional steps for the department to gain
13regulatory control over licensing and enforcement with respect to student loan
14servicers.
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15224.104 Assistance by exempt organizations; report. (1) An exempt
16organization that is requested by the office to provide assistance under s. 224.102 (9)
17shall provide, in a timely manner, the information requested by the office necessary
18to investigate and resolve a student loan borrower complaint, including the steps
19taken by the exempt organization to resolve the complaint, or, on its own, shall
20resolve, in a timely manner, the complaint and provide the office with documentation
21regarding the resolution.
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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.