Maine Revised Statutes Title 37-B Sec. 356 – Restitution
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Repayment of the tuition benefit is required pursuant to this section. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]
1. Failure to complete. A member shall pay the full amount of a tuition benefit for each course during the preceding semester, trimester, quarter or term that:
A. The member fails to complete; or [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]
B. The member completes but for which the member earns a grade lower than 2.0 on a 4.0 scale. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]
[PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]
Terms Used In Maine Revised Statutes Title 37-B Sec. 356
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Course: means a class taught over a semester, trimester, quarter or term. See Maine Revised Statutes Title 37-B Sec. 352
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Member: means a member of a federally recognized unit of the Maine National Guard. See Maine Revised Statutes Title 37-B Sec. 352
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State postsecondary education institution: means the University of Maine System, the Maine Maritime Academy, the Maine Community College System or any other college or university system established as a public instrumentality of this State, the Maine Criminal Justice Academy, or a private nonprofit postsecondary education institution in this State registered with the Military Bureau as a participating institution in accordance with this subchapter. See Maine Revised Statutes Title 37-B Sec. 352
- Tuition: means the total semester, trimester, quarter or term or credit hour cost of instruction to the student as periodically published in the catalog of a state postsecondary education institution, excluding mandatory fees and lab fees and other expenses such as book charges, room and board. See Maine Revised Statutes Title 37-B Sec. 352
- Tuition benefit: means tuition provided by the Maine National Guard using either state or federal funds or waivers of tuition from a state postsecondary education institution. See Maine Revised Statutes Title 37-B Sec. 352
- Unsatisfactory participant: means a member who has accumulated 9 or more unexcused absences from unit training assemblies or who within a 12-month period, without proper authorization, fails to attend or complete the entire period of annual training. See Maine Revised Statutes Title 37-B Sec. 352
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Repay tuition. If the member becomes an unsatisfactory participant or does not remain in good academic standing with the state postsecondary education institution, then the member shall repay the full amount of a tuition benefit for all courses taken during the preceding semester, trimester, quarter or term to the Maine National Guard.
[PL 2015, c. 465, Pt. D, §10 (AMD).]
3. Restitution. If the member does not fulfill the member’s contractual commitment to the Maine National Guard under section 354, subsection 3, then the Adjutant General shall notify the member in writing that the member is liable for restitution and the member shall repay the full amount of the tuition benefit for the last school year.
[PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]
4. Rules. The Adjutant General shall adopt rules to implement the provisions of this section, which are routine technical rules under Title 5, chapter 375, subchapter 2?A.
[PL 2015, c. 465, Pt. D, §11 (NEW).]
A member may appeal the requirement to make restitution pursuant to this section if the member files a written notice of intent to appeal with the Adjutant General within 30 days of notice that the member is liable for restitution. During the pendency of the appeal, the requirement of restitution is postponed. If the Adjutant General determines that the member met the requirements for restitution as described in subsection 1, 2 or 3 and that there were not sufficient extenuating circumstances to excuse the failure of the member to complete satisfactorily the course or participation in the Maine National Guard, the Adjutant General shall inform the member of this determination and the member shall make restitution for those courses for which the Adjutant General determines the member is liable. The decision of the Adjutant General is final and may not be appealed. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]
SECTION HISTORY
PL 2003, c. 488, §4 (NEW). PL 2003, c. 488, §5 (AFF). PL 2015, c. 465, Pt. D, §§10, 11 (AMD).