Oklahoma § 70-623.1 - Licensees in default - Suspension of licenses

§ 70-623.1. Licensees in default - Suspension of licenses

A. For licensees determined to be in default, pursuant to the

applicable federal regulation, the Oklahoma State Regents for Higher

Education shall prescribe rules and procedures to provide an

opportunity for the licensee to enter into a satisfactory repayment

agreement and an opportunity for a hearing prior to notification of

a licensing board. At least thirty (30) days prior to notification

Oklahoma Statutes - Title 70. Schools

of the appropriate licensing board, the State Regents shall mail to

the licensee's last-known address, a written notice of:

1. The nature and amount of the debt;

2. The intention of the State Regents to issue notification of

default to the appropriate licensing board or boards; and

3. The explanation of the licensee's rights.

B. Following the determination of default, as defined by

federal law, the licensee shall be provided the opportunity of a

hearing conducted by a hearing official appointed by the State

Regents. The hearing official may be any qualified individual,

including an administrative law judge, not under the direct

supervision or control of the State Regents. Upon written request

by the licensee, the decision of the hearing official may be

appealed to the State Regents. The State Regents may notify each

licensing board in this state of any person who has been determined

to be in default on a student loan; provided, the State Regents may

consider hardship circumstances in their decision whether to proceed

with notification. Except as otherwise provided in this section,

upon receipt of the notice, the licensing boards shall suspend and

not renew the license of the licensee until further notification by

the State Regents.

C. Except as otherwise provided in this section, no further

administrative review or contested case proceeding within or by the

licensing board is required upon notification of the State Regent’s

determination of default. No licensing board shall be held liable

for any suspension or nonrenewal of a license or commercial driver

license pursuant to the provisions of this act.

D. The State Regents shall notify, as soon as possible and no

later than ten (10) business days, each licensing board when a

formerly reported licensee is no longer in default status due to

repayment in full, loan rehabilitation or some other action that

discharges the licensee of responsibility for repayment or when the

licensee achieves satisfactory repayment status. Except as

otherwise provided in this section, the issuing licensing board

shall reinstate or renew the license of the licensee within thirty

(30) days of receiving notice from the State Regents, contingent

upon the requirements of the licensing board.

E. If the Oklahoma Bar Association receives notice that a

licensed attorney is in default, the Bar Association must begin

proceedings by which the attorney may be suspended pursuant to Rules

Governing Disciplinary Proceedings. If suspended, the attorney may

be reinstated pursuant to reinstatement procedures as provided in

the Rules Governing Disciplinary Proceedings.

F. For purposes of this act:

1. “Licensing board” means any bureau, department, division,

board, agency or commission of this state or of a municipality in

this state that issues a license;

Oklahoma Statutes - Title 70. Schools

2. “License” means a license, certificate, registration,

permit, approval or other similar document issued by a licensing

board granting to an individual a right or privilege to engage in a

profession, occupation or business, including Class A, B or C

commercial driver licenses issued pursuant to Title 47 of the

Oklahoma Statutes; and

3. “Licensee” means any individual who is issued a license by

any licensing board in this state.

Added by Laws 1996, c. 261, § 2, eff. July 1, 1996. Amended by Laws

1999, c. 66, § 2, eff. July 1, 1999.