Sec. 16. A holder of a guaranteed loan shall exercise reasonable care and diligence in the making and collection of loans under this chapter. If the commission finds that reasonable care and diligence are not being exercised by a holder of a guaranteed loan, the commission may:
(1) withdraw its guarantee on an individual borrower basis, allowing the approved lender to continue participation in the program, after reasonable notice to the lender; or
(2) disqualify the approved lender from the guarantee of further loans upon finding, after reasonable notice and hearing, that the lender has substantially failed to exercise reasonable care and diligence in the making and collection of loans under this chapter.
These disqualifications shall continue until the commission is satisfied that the lender will exercise reasonable care and diligence in the future.
[Pre-2007 Higher Education Recodification Citation: 20-12-21.1-6(d).]
As added by P.L.2-2007, SEC.257.
Structure Indiana Code
Article 16. Earn Indiana Program; Student Loans; Legal Capacity to Contract for Student Loans
Chapter 4. Guaranteed Student Loan Program
21-16-4-1. Eligible Institutions; Approval by the Commission
21-16-4-2. Criteria for Approved Lenders
21-16-4-3. Lender Conditions; Guarantee Percentage; Interest Rate
21-16-4-5. Contracts and Guaranty Agreements
21-16-4-7. Eligible Institution's Qualified Status; Removal; Review
21-16-4-8. Collection of Insurance Premium
21-16-4-9. Administration of Loan Program
21-16-4-10. Eligibility Criteria Violation Procedures
21-16-4-11. Student Loan Program Fund; Administration
21-16-4-14. Default; Procedures
21-16-4-15. Payment on Loss; Subrogation Rights
21-16-4-16. Holder of Guarantee Loans; Duties
21-16-4-17. Dissolution of Loan Program
21-16-4-18. Legal Representation; Attorney General; Private Attorney