Licensing Entities Prohibited From Refusing to Issue License or Suspending or Revoking License of Borrower in Default Under Certain Educational Loan Programs

  1. Law
  2. Georgia Code
  3. Education
  4. Postsecondary Education
  5. Scholarships, Loans, and Grants
  6. Georgia Higher Education Assistance Corporation
  7. Licensing Entities Prohibited From Refusing to Issue License or Suspending or Revoking License of Borrower in Default Under Certain Educational Loan Programs

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  1. As used in this Code section, the term:
    1. "Agency" means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program.
    2. "Applicant" means any person applying for issuance or renewal of a license.
    3. "Borrower" means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program.
    4. Reserved.
    5. "Default" means default as defined by federal law under the Higher Education Act of 1965.
    6. "License" means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows a person to engage in a profession, business, or occupation.
    7. "Licensee" means any person holding a license.
    8. "Licensing entity" means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to engage in a profession, business, or occupation, including those under Article 3 of Chapter 7 of Title 2, the "Georgia Pesticide Use and Application Act of 1976"; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 3 of Title 43, relating to accountants; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.
    9. "Satisfactory repayment status" means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60 days.
  2. No licensing entity shall refuse to issue nor suspend or revoke a license to an applicant or licensee because he or she is a borrower in default who is not in satisfactory repayment status as determined by the agency or who has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.

(Code 1981, §20-3-295, enacted by Ga. L. 1998, p. 1094, § 6; Ga. L. 1999, p. 81, § 20; Ga. L. 1999, p. 329, § 6; Ga. L. 2008, p. 381, § 10/SB 358; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2019, p. 462, § 1-6/SB 214.)

The 2019 amendment, effective July 1, 2019, rewrote this Code section.

Cross references.

- Suspension or denial of check cashing license to student borrowers in default and not in satisfactory repayment status, § 7-1-707.1.

Denial or suspension of license for cash payment instrument, § 7-1-708.1.

Grounds for refusing to grant or revoking licenses by state examining boards, § 43-1-19.

Borrowers in default, § 43-39A-14.

Suspension of licenses for borrowers in default, § 43-40-15.

PART 3 GEORGIA STUDENT FINANCE AUTHORITY

OPINIONS OF THE ATTORNEY GENERAL


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