(a)
- (1) In the event that the parties do not successfully reach an agreed upon resolution during the initial informal conference in this process, the matter shall be referred to the Arkansas Rural Medical Practice Student Loan and Scholarship Board.
- (2) Alternatively, if a party fails to cooperate with the administrator or fails to appear for the informal settlement conference, the remaining party or parties shall then be eligible to request referral of the matter to the board.
(3) These referrals shall only occur under the following circumstances:
- (A)
- (i) After:
- (a) (a) The parties have had the opportunity to attend no less than one (1) informal settlement conference; or
(b) (b) One (1) or more of the parties has refused to:
- (1) (1) Attend the conference; or
(2) (2) Cooperate in the initial phase of the dispute resolution process.
- (ii) In the event that one (1) or more parties has either failed or refused to attend the informal settlement conference, the requirement of attending no less than one (1) informal settlement conference will not be a prerequisite before the matter can be referred to the board; and
(B)
- (i) Upon written notice to the board by one (1) or more parties to the loan contract stating that the parties have made a good faith effort to resolve the issues without success.
- (ii) This notice shall be served upon the administrator of the board by certified mail.
(b)
(1) The notice must:
- (A) Contain a brief description of the nature of the dispute and the issues to be resolved; and
- (B) Present the requesting party’s suggestions for a resolution.
- (2) The notice must be submitted to all parties simultaneously with its submission to the administrator of the board.
- (3) The notices shall be sent to the administrator and opposing parties via certified mail.
(4) Each responding party shall have ten (10) days from the date of receipt of the request for referral to mail a written response to the board:
- (A) Containing its response to the arguments made by the party seeking referral of the dispute; and
- (B) Presenting any suggestions for an alternative resolution it deems acceptable.
(5) The board shall send each party a notice within twenty (20) days of receipt of the notice of request for referral, via certified mail, that shall contain the following information:
(A)
- (i) The date, time, and place of the meeting of the board during which the loan contract dispute matter will be considered.
- (ii) If possible, the matter will be considered during the next scheduled board meeting at the time of the notice.
- (iii) In any event, the matter shall be heard no fewer than sixty (60) days following the receipt of the request for referral to the board;
(B) All parties have the right to:
- (i) Appear;
- (ii) Participate; and
- (iii) Be represented by counsel or other representative;
(C)
- (i) All parties may submit documentary evidence and written arguments supporting their position:
- (a) (a) Within twenty (20) days of the receipt of the notice from the board; and
(b) (b) No later than ten (10) days prior to the meeting of the full board scheduled to consider the dispute.
(ii) This information may supplement that which was previously submitted during the informal settlement conference portion of this process;
- (D) The documents that may be submitted may include documentary evidence, affidavits, depositions, and pleadings and orders from previous matters related to the loan contract in question; and
(E) Any and all correspondence, documents, and/or arguments submitted to the board by any party shall also be simultaneously provided to all other parties to the dispute.
- (c)
- (1) The Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board shall serve as the presiding officer for the meeting on the appeal before the board.
- (2) The board shall make a final written recommendation for a resolution of the dispute within ten (10) days of the meeting with the parties.
- (3) The recommendation shall be mailed, in letter form, to each party via certified mail.
(4) The letter shall contain:
- (A) The board’s final recommendation for a resolution of the dispute; and
- (B) Notice that, if the parties have not reached a resolution of the dispute within thirty (30) days of the board’s recommendation, the loan recipient’s license to practice medicine may be suspended under the provisions of Arkansas Code § 6-81-708(c)(2) should the board obtain an order from a circuit court of competent jurisdiction in the State of Arkansas finding the loan recipient in breach of their rural medical practice loan.