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<section article="gfi" article_name="Financial Institutions" number="2-104.1" title_number="2" title_name="Commissioner and Boards" subtitle_number="1" subtitle_name="Commissioner of Financial Regulation">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Servicing” means:</text>
      <level label="i">
        <text>Receiving scheduled periodic payments from a student loan borrower according to the terms of a student education loan;</text>
      </level>
      <level label="ii">
        <text>Applying the payments according to the student education loan terms; and</text>
      </level>
      <level label="iii">
        <text>Performing other administrative services.</text>
      </level>
    </level>
    <level label="3">
      <text>“Student education loan” means any loan, notwithstanding any election of law or designation of status in any contract, used for financing postsecondary education or other postsecondary school–related expenses.</text>
    </level>
    <level label="4">
      <text>“Student loan borrower” means:</text>
      <level label="i">
        <text>A resident of the State who has received or agreed to pay a student education loan; or</text>
      </level>
      <level label="ii">
        <text>A resident who shares repayment responsibility with a resident described under item (i) of this paragraph.</text>
      </level>
    </level>
    <level label="5">
      <text>“Student Loan Ombudsman” means an individual, whether a paid employee or a volunteer, whom the Commissioner designates to serve as a liaison between student loan borrowers and student loan servicers.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>“Student loan servicer” means a person, regardless of location, responsible for servicing a student education loan to a student loan borrower.</text>
      </level>
      <level label="ii">
        <text>“Student loan servicer” includes a trust entity performing or receiving the benefit of student education loan servicing.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Commissioner shall designate an individual to serve as the Student Loan Ombudsman.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Each student loan servicer in the State shall designate an individual to represent the student loan servicer in communications with the Student Loan Ombudsman.</text>
      </level>
      <level label="ii">
        <text>A student loan servicer shall provide the Student Loan Ombudsman the name, telephone number, and e–mail address of the designee required under subparagraph (i) of this paragraph.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>The Student Loan Ombudsman, in consultation with the Commissioner, shall receive and process complaints about student education loan servicing, including:</text>
    <level label="1">
      <text>Receiving and reviewing complaints from student loan borrowers;</text>
    </level>
    <level label="2">
      <text>Attempting to resolve complaints received under item (1) of this subsection, including by collaborating with institutions of higher education, student loan servicers, and any other participants in student loan lending, such as the Board of Regents of the University System of Maryland and the Maryland Higher Education Commission; and</text>
    </level>
    <level label="3">
      <text>Compiling and analyzing complaint data.</text>
    </level>
  </level>
  <level label="d">
    <text>The Student Loan Ombudsman may refer any matter that is abusive, unfair, deceptive, or fraudulent to the Office of the Attorney General for civil enforcement or criminal prosecution.</text>
  </level>
  <level label="e">
    <text>The Student Loan Ombudsman, in consultation with the Commissioner, shall disseminate information about student education loans and servicing by:</text>
    <level label="1">
      <text>Helping student loan borrowers understand their rights and responsibilities under the terms of student education loans;</text>
    </level>
    <level label="2">
      <text>Providing information to the public, State agencies, elected officials, and other individuals regarding student loan borrower problems and concerns;</text>
    </level>
    <level label="3">
      <text>Disseminating information about the availability of the Student Loan Ombudsman to assist those with student education loan servicing concerns, including disseminating the information to:</text>
      <level label="i">
        <text>Student loan borrowers;</text>
      </level>
      <level label="ii">
        <text>Potential student loan borrowers;</text>
      </level>
      <level label="iii">
        <text>State higher education institutions; and</text>
      </level>
      <level label="iv">
        <text>Student loan servicers; and</text>
      </level>
    </level>
    <level label="4">
      <text>Developing and disseminating information to increase awareness of and participation in the federal Public Service Loan Forgiveness Program in accordance with § 3–1804 of the Labor and Employment Article.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The Student Loan Ombudsman shall:</text>
      <level label="i">
        <text>Analyze and monitor the development and implementation of federal, State, and local laws, regulations, and policies on student loan borrowers;</text>
      </level>
      <level label="ii">
        <text>Disclose the complaint data it compiles and analyzes under subsection (c) of this section, including:</text>
        <level label="1">
          <text>Noting any trends in the data; and</text>
        </level>
        <level label="2">
          <text>Identifying the names of student loan servicers engaging in any abusive, unfair, deceptive, or fraudulent practices; and</text>
        </level>
      </level>
      <level label="iii">
        <text>Make recommendations regarding:</text>
        <level label="1">
          <text>Statutory and regulatory methods to resolve student loan borrower problems and concerns; and</text>
        </level>
        <level label="2">
          <text>Necessary changes to State law to ensure that the student education loan servicing industry is fair, transparent, and equitable, including whether the State should require licensing or registration of student loan servicers.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>On or before January 1 each year, the Student Loan Ombudsman shall report its findings and recommendations to the General Assembly in accordance with § 2–1257 of the State Government Article.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>On or before October 1, 2019, the Student Loan Ombudsman, in consultation with the Commissioner, shall establish a student loan borrower education course.</text>
    </level>
    <level label="2">
      <text>The course shall:</text>
      <level label="i">
        <text>Include educational presentations and material about student education loans; and</text>
      </level>
      <level label="ii">
        <text>Review the following:</text>
        <level label="1">
          <text>Common student education loan terms;</text>
        </level>
        <level label="2">
          <text>Documentation requirements for student education loan applications;</text>
        </level>
        <level label="3">
          <text>Monthly payment obligations for student education loans;</text>
        </level>
        <level label="4">
          <text>Income–based repayment options for student education loans;</text>
        </level>
        <level label="5">
          <text>Student education loan forgiveness programs; and</text>
        </level>
        <level label="6">
          <text>Student education loan disclosure requirements.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="h">
    <text>The Student Loan Ombudsman may refer any complaint from student loan borrowers to the Commissioner for investigation under § 26–604 of the Education Article.</text>
  </level>
</section>
