[436C-3] Judicial certification. (a) The certification of an administering entity under section 436C-2(a) shall be based on the judgment of a district or circuit court in this State that:

(1) Specifies the amount of the default;

(2) Finds that the education of the licensee or license applicant was financed by the student loan, student loan repayment contract, or scholarship contract that is in default;

(3) Finds that the licensee or license applicant has the ability to cure the default without undue financial hardship; and

(4) Includes proof of service of notice to the licensee or license applicant that the judgment will be reported to the licensing authority with a direction to suspend the license, deny the application for a license, or deny the application for renewal or reinstatement of the license;

provided that no finding under paragraph (3) shall be required in the case of a default judgment or if the licensee or license applicant fails to petition the court as provided in section 436C-4.

(b) A licensing authority shall act on the certification of an administering entity under section 436C-2 only if the certification complies with this section. [L 2003, c 133, pt of 2]

 

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