1301:5-3-07 Educational loans to individuals.

(A) All applications for loans to defray the costs of satisfying the prelicensure educational requirements of division (F)(6)(a) of section 4735.09 of the Revised Code shall be made in writing on a form provided by the superintendent which shall include, although not to be limited to, the following information:

(1) A statement by the applicant that a loan from the educational and research fund is necessary for the completion of courses required for licensing;

(2) The title or titles of the educational course or courses for which the loan is sought;

(3) The full name and address of the accredited institution or institutions at which the course or courses will be taken;

(4) The cost of tuition and required texts for such course or courses;

(5) The name of the broker sponsoring the license and loan applicant who will serve as a comaker with the applicant for the loan from the education and research fund.

(B) (1) The sponsoring broker shall serve as guarantor of the loan and shall be liable to the education and research fund for any amount outstanding on default by the applicant principal.

(2) In the event of transfer after licensing by a loan recipient, the broker to whom the loan recipient intends to transfer shall assume in writing the guaranty responsibility of the broker who sponsored the loan recipient for the salesman license examination.

(C) Disbursements from the education and research fund for personal education loans shall be made directly to the applicant who shall use the proceeds solely for the payment of expenses for tuition and books incurred as a consequence of the courses reported on the individual’s loan application form.

(D) (1) Repayment to the education and research fund of monies advanced to defray costs of satisfying the requirements of section 4735.09 of the Revised Code shall be made on the following terms:

(a) One-third of the amount advanced shall be due six months following the date that a real estate salesman license is issued to the loan recipient.

(b) One-third of the amount advanced shall be due nine months following the date that a real estate salesman license is issued to the loan recipient.

(c) One-third of the amount advanced shall be due twelve months following the date that a real estate salesman license is issued to the loan recipient.

(2) In the event that the loan recipient has not been licensed as a real estate salesman within one year of the date of disbursement from the education and research fund, the full amount of the disbursement shall immediately become due, unless the individual shall demonstrate that he or she is scheduled to take the salesman license examination. In no event shall any individual’s indebtedness to the fund continue beyond three years from the date of disbursements. Any amount outstanding at that time shall immediately become due regardless of the application of other provisions of these rules.

(E) No individual shall be authorized to make application for a loan from the education and research fund who has previously failed to satisfactorily complete a course required by section 4735.09 of the Revised Code for which the costs were defrayed by a loan from the fund.

(F) No applicant shall be approved for admission to the broker license examination who has not repaid in full any obligation incurred by him to the education and research fund.

(G) In the event of the death or permanent total disability of a comaker or guarantor of a loan made in accordance with section 4735.06 of the Revised Code and these rules, the obligations of such comaker or guarantor shall be discharged.

(H) The loan amount which an applicant is eligible to receive under this rule shall be based upon a percentage of the actual cost of the tuition and required texts determined in accordance with the following table:

Gross Income Number Of Dependents

For Family 1 2 3 4 5 or more

Under 7,000 100% 100% 100% 100% 100%

7,001-10,000 90% 90% 90% 95% 95%

10,001-15,000 80% 80% 80% 90% 90%

15,001-20,000 70% 70% 70% 80% 80%

20,001-30,000 60% 60% 60% 65% 65%

30,001-35,000 40% 40% 40% 50% 50%

35,001-40,000 0 0 0 25% 25%

40,001-50,000 0 0 0 0 15%

Over 50,000 0 0 0 0 0

(1) “Gross income for family” as used within this rule shall include all taxable and nontaxable income of the loan applicant and the applicant’s spouse.

(2) “Dependents” as used within this rule means dependents as defined in the Internal Revenue Code and as claimed in the applicant’s federal income tax return for the calendar year immediately preceding the year in which the loan application is filed or which the applicant would have been permitted to claim had he filed such a return.

(3) A copy of the applicant’s federal income tax return for the calendar year immediately preceding the year in which the loan application is filed must accompany the student loan application as verification of gross income. Married applicants who filed a separate return must also submit a copy of their spouse’s federal income tax return. The commission may request other documentation for applicants who did not file a federal income tax return for the preceding calendar year.

(4) In determining the loan amount which an applicant is eligible to receive, the commission may consider factors affecting the applicant’s current gross income including, but not limited to, loss of employment, medical expenses, and divorce or legal separation.

(5) Any loan approved by the commission under this rule shall not exceed the actual total cost of the required text and tuition, or eight hundred dollars, whichever is less.

R.C. 119.032 review dates: 12/22/2006 and 06/30/2011

Promulgated Under: 119.03

Statutory Authority: 4735.10

Rule Amplifies: 4735.06, 4735.10

Prior Effective Dates: 7/1/1975, 8/3/1987, 1/4/1988, 9/1/1988, 12/17/2001