For eligible private Applicants and eligible NPNC Applicants that are not also eligible public Applicants, the establishment of a surcharge and creation of a surcharge account, as those terms are defined by the commission, is required. If the executive administrator determines that the use of a surcharge and surcharge account is not available to an Applicant through the commission, the executive administrator may recommend that the Board consider other sources of revenue available to an Applicant for repayment of financial assistance from the Board.

Source Note:The provisions of this §371.74 adopted to be effective August 4, 2010, 35 TexReg 6680.