Title 20, Chapter 3, Section 266
( 20-3-266)
In addition to all other provisions of this part and in furtherance
of the purposes of the corporation, the corporation shall have the
following powers, duties, and functions: (1) The corporation shall establish and administer a program of
guaranteed educational loans to eligible students and eligible
parents, to be known as the Georgia Higher Education Loan Program,
in accordance with this part and the federal act; and pursuant
thereto, the corporation is further authorized: (A) To adopt rules, regulations, and policies necessary,
appropriate, or convenient for the administration of its
affairs; the execution of its powers, duties, and functions; and
the accomplishment of its corporate purposes, as prescribed in
this part and the federal act; (B) To receive all moneys made available by the General Assembly
or otherwise for the purposes of the corporation and to use such
moneys in accordance with this part and the federal act; (C) To enter into agreements and undertakings with the
secretary, including guaranty agreements and supplemental
guaranty agreements as described in the federal act, as may be
required and necessary pursuant to the federal act in order to
administer the program in this state, to provide for
reimbursement by the secretary of amounts expended by the
corporation in discharge of its guaranty obligations, to provide
for the payment of federal interest subsidies and special
allowance payments in respect of educational loans guaranteed by
the corporation, and to provide for its receipt, or receipt by
the holders of educational loans guaranteed by the corporation,
of administrative allowances and other benefits available under
the federal act; and the corporation is expressly authorized to
constitute, conduct, regulate, and administer the program so
that such program conforms to the specifications for state
educational loan guarantee programs set forth in the federal act
and in rules and regulations promulgated pursuant to the federal
act and so that the provisions for agreements between the
secretary and state guaranty agencies set forth in the federal
act and in rules and regulations promulgated pursuant to the
federal act may be agreed to and complied with by the
corporation; (D) To adopt rules and regulations pertaining to guaranteed
educational loans and loan guaranties; (E) To provide and issue loan guaranties evidencing the
guaranty, upon such terms and conditions as the corporation may
prescribe within limitations provided by this part and the
federal act, of educational loans to be made by lenders, except
that no loan guaranty shall be issued unless the educational
loan to be made shall be the subject of agreements under the
federal act providing for reimbursement by the secretary of
amounts expended by the corporation to discharge any guaranty
obligation in respect of the loan guaranty to the maximum extent
available at the time under the federal act; (F) To administer federal funds allotted to the corporation or
to the state in respect of educational loans guaranteed under
the federal act, related matters, and related administrative
costs; (G) To enter into contracts and agreements with lenders upon
such terms and conditions as may be prescribed by the
corporation or otherwise agreed upon between the corporation and
the lender, consistent with this part, the federal act, and
agreements entered into between the corporation and the
secretary; (H) To provide for lenders obtaining a comaker, cosigner, or
endorser on loans, subject to limitations prescribed in the
federal act; (I) To provide for additional security on loans, subject to
limitations prescribed in the federal act; (J) To provide for the consolidation of promissory notes
evidencing loans guaranteed under this part without affecting
the guaranty of the corporation thereon; (K) To enter into contracts and agreements with schools upon
such terms and conditions as may be prescribed by the
corporation or otherwise agreed upon between the corporation and
the school, consistent with this part, the federal act, and
agreements entered into between the corporation and the
secretary; (L) To require that schools located in the state shall designate
one or more persons who shall be responsible for receiving and
controlling and disbursing or delivering, as the case may be,
student aid checks or funds that are required to be or which may
optionally be disbursed to, delivered to, or otherwise provided
to the school under this part for further disbursement or
delivery to students enrolled therein, and to provide for
matters relative thereto; (M) To require, in its discretion, that schools located in this
state or, with approval of the corporation, a combination
thereof jointly shall provide fidelity bond coverage of school
employees who have access to checks or funds that may be routed
through the school under this part to students enrolled therein
in such sums and conditioned in such respects as to the insured
as may be reasonably necessary to protect the interests of the
corporation and the lenders and to provide for matters relative
thereto; (N) To limit the applicability of designated rules and
regulations to schools located within this state, or within this
state and states bordering on this state, in that the majority
of students for whom loans are guaranteed under this part are
attending schools located within such states; (O) To provide for the application of school refunds to
educational loan indebtedness incurred under this part,
consistent with the requirements of any other federal or state
law, rule, or regulation which provides financial aid to
students and for the application of school refunds relative to
those programs;
(P) To approve, disapprove, limit, suspend, or terminate the
participation of a school or a lender in the program
administered by the corporation, consistent with this part, the
federal act, and agreements entered into between the corporation
and the secretary, and to provide for such formal and informal
procedures in regard thereto as may be appropriate; (Q) To collect from borrowers, comakers, cosigners, or endorsers
all amounts owed in respect of educational loans on which the
corporation has been required to meet its loan guaranty
obligation following the inability of the holders of such loans
to collect such amounts and to provide for all matters relative
thereto; (R) To provide for the classification of loans purchased from
lenders in accordance with the status of borrowers and the
current apparent collectability status of such loans from
borrowers; and, consistent with the federal act and with the
approval of the secretary whenever such approval is required, to
consent to the modification of the terms of a note; and to
compromise, satisfy, and settle loan amounts due, as to which
federal reinsurance payment has been received by the
corporation, for less than the amount due thereon; and to waive
or release any right, title, claim, equity, lien, or demand
relative to a borrower or to any asset, however acquired,
whenever deemed to be necessary or best protective of the
financial interests of the corporation and the United States;
provided, however, that no claim or right of the corporation to
payment of any amount due which is the result of an expenditure
made by the corporation from funds appropriated by the General
Assembly for use by the corporation may be compromised,
satisfied, settled, waived, or released for less than the
principal amount due without the approval of the Attorney
General; (S) To require that reports, in such form and containing such
information as the corporation may prescribe, be furnished to
the corporation by schools and lenders as it may deem necessary
for the effective performance of its powers, duties, and
functions under this part and the federal act; (T) To prescribe minimum information that must be included in
any oral or printed information, announcement, communication, or
material that is: (i) Published or otherwise disseminated by, for, or on behalf
of a lender relative to educational loans provided for in this
part; or (ii) Published or otherwise disseminated by any person,
corporation, association, partnership, or other organization
engaged in this state in the business of providing to students
or parents of students, in consideration of the receipt
therefor of a fee, commission, charge, or other valuable
consideration from any source, contingent or otherwise,
information about, or assistance in, applying for or obtaining
educational loan assistance under this part; (U) To require that such administrative and fiscal procedures be
used by the corporation, lenders, and schools as may be
necessary to protect the corporation and the United States from
the risk of unreasonable loss and to ensure proper and effective
administration of the program; (V) To keep and maintain, and to require that lenders and
schools keep and maintain, such records as may be required by
this part, the federal act, or determined by the corporation to
be necessary for the proper and efficient administration of the
program and to require that such records be made available to
employees of the corporation and the United States for
examination and inspection, as may be necessary or appropriate; (W) To secure data, except where specifically prohibited by
state or federal law, from any state agency, department,
instrumentality, political subdivision of the state, or any
other source, for the purpose of verifying information submitted
by a student or a parent when applying for or receiving
educational loan assistance under this part and to pay costs
incurred by the provider of such data; (X) Except where specifically prohibited by state or federal
law, to obtain from each state agency, department,
instrumentality, and political subdivision information contained
in its records relative to the present or last known address and
telephone number of a borrower, comaker, cosigner, or endorser,
identified to the provider by name and social security number,
and to pay costs incurred by the provider of such information;
and each state agency, department, instrumentality, and
political subdivision is authorized and directed to provide the
information specified in this subparagraph to the corporation
upon its request; (Y) To restrict or broaden definitions and provisions contained in this part and the federal act, consistent, however, with limitations imposed by the federal act. By reason of legislative intent expressed in Code Section 7-1-626, the corporation is authorized, notwithstanding other provisions of this part, to broaden the terms "student" and "eligible student," as defined in paragraph (21) of Code Section 20-3-262, to include a student who is not a resident of this state, provided the participating lender is actively making loans under this part to residents of this state, but no state appropriated funds shall be expended relative to loans made to such a student or to the parent of such a student for the purposes prescribed in subparagraph (E) of this paragraph and in Code Sections 20-3-273 and 20-3-274; (Z) To provide for and administer an educational loan escrow
disbursement system for the benefit and protection of lenders,
students, the corporation, and the United States and to provide
for all matters relative thereto, consistent with the federal
act; (AA) To gather information on all educational loan funds
available from any source to residents of the state and to
disseminate such information through such methods of mass or
individual communication as may be necessary better to assure
that students and parents are aware of the availability of such
loan resources;
(AA.1) To advertise or otherwise promote the programs,
functions, and purposes of the corporation and to expend funds
available to the corporation for such purposes; (BB) To receive funds from any source, public or private, by
gift, grant, bequest, loan, or otherwise, either absolutely or
in trust, and to hold, use, administer, and expend such funds on
its behalf and for any of its corporate purposes; and to acquire
from any source, public or private, by purchase, lease, gift,
bequest, or devise, any property, real, personal, or mixed,
either absolutely or in trust, and to hold, use, administer, and
dispose of such property on its behalf and for any of its
corporate purposes; (CC) To provide procedures for the filing, hearing, and
determination of an appeal made by an aggrieved party of a
decision made by the corporation in the administration of the
program, and for all matters relative thereto; (DD) To enter into agreements and undertakings as may be
necessary or appropriate in the exercise of its powers, duties,
and functions under this part and the federal act; (EE) To perform such other acts as may be necessary or
appropriate to carry out effectively the purposes of the
corporation under this part and the federal act; (FF) To adopt an official seal and alter the seal at its
pleasure; (GG) To maintain a principal office and such other offices as
may be appropriate; (HH) To adopt bylaws and policies for the regulation of its
affairs and the conduct of its business; (II) To bring and defend actions in the name of the corporation
and to plead and be impleaded; and (JJ) To exercise any power usually possessed by private
corporations performing similar functions; (2) The corporation shall have the power to service or contract
for the servicing of educational loans, including the servicing of
such loans by the corporation on behalf of others, to contract in
advance for the servicing of educational loans, and to contract
for the performance by the corporation of any portion of the
program; (3) All provisions of this part to the contrary notwithstanding, the corporation is authorized to guarantee service cancelable loans made to students by the authority pursuant to paragraph (1) of subsection (b) of Code Section 20-3-374 even if such loans do not meet all requirements of the federal act. In this event, conditions prescribed by the corporation for the guarantee of such loans shall, to the maximum extent deemed practicable, be the same as otherwise prescribed in this part relative to loans guaranteed by the corporation pursuant to the federal act; (4) Each applicant who, as of the date of application for
financial assistance under this part, is required but has not
registered with the Selective Service System of the United States
pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible
to receive financial assistance under this part. Each applicant
shall, under penalty of perjury, certify compliance or
noncompliance with the registration requirements of the Military
Selective Service Act of the United States and provide such other
information as the corporation may reasonably require; (5) If any conflict exists between this part and the federal act
or any rules or regulations promulgated under the federal act,
which conflict will result in a loss by the corporation of any
federal funds or other funds that would otherwise be available to
it for carrying out its purposes under this part, including, but
not by way of limitation, federal and other funds available to the
corporation under the federal act as administrative cost
allowances; as retainage of a portion of moneys collected from
borrowers, comakers, cosigners, endorsers, or others on guaranteed
loans purchased from lenders or holders by the corporation; and as
reimbursement for amounts paid by the corporation in the discharge
of its guaranty obligations, the corporation is authorized,
empowered, and directed to adopt appropriate rules, regulations,
and policies, consistent with the federal act, to remove such
conflict and thereby to provide for the receipt or retainage of
such funds; provided, however, that such rules, regulations, or
policies are not in derogation of the Constitution or laws of the
state, other than this part, or any contract to which the
corporation is a party and are wholly in conformity with the
purposes of the corporation as set forth in this part; and (6) To the extent that this part is inconsistent with any other
general or special law of the state or with any rule or
regulation, this part shall be controlling. |