<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 13B.02.06.10" title_num="13B" subtitle_num="02" chapter_num="06" heading="Administration of the Fund.">
  <paragraph num="A.">
    <text>The Secretary shall administer the Fund as follows:</text>
    <paragraph num="(1)">
      <text>Monetary payments into the Fund shall be made in the form of a check made payable to the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Monetary payments into the Fund shall be maintained by the State Comptroller, who shall deposit and invest the assets of the Fund. All interest or other return on the Fund shall be credited to the Fund;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A penalty assessed against a school shall be deposited into the Fund;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The assets of the Fund may not be expended for any purpose other than those specified under Regulation .04A of this chapter; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Fund shall be a continuing, nonlapsing fund. Any unspent portion of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in Regulation .04A of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission is subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the Fund.</text>
  </paragraph>
  <paragraph num="C.">
    <text>When a claim is approved, the Secretary, as agent for the Fund, shall be subrogated in writing to the amount of the claim. The Secretary is authorized to take all steps necessary to perfect the subrogation rights before the claim is paid. If payment of a school’s obligation is made from the Fund, the Secretary may seek repayment of the sums from the school or another responsible person or entity. This provision is enforced through the Office of the Attorney General.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Secretary may appoint an advisory council to whom the Secretary may refer matters pertaining to the Fund.</text>
  </paragraph>
</regulation>