[§436C-3]  Judicial certification. 
(a)  The certification of an administering entity under section 436C-2(a) shall
be based on the judgment of a district or circuit court in this State that:



(1)  Specifies the amount of the default;



(2)  Finds that the education of the licensee or
license applicant was financed by the student loan, student loan repayment
contract, or scholarship contract that is in default;



(3)  Finds that the licensee or license applicant has
the ability to cure the default without undue financial hardship; and



(4)  Includes proof of service of notice to the
licensee or license applicant that the judgment will be reported to the
licensing authority with a direction to suspend the license, deny the
application for a license, or deny the application for renewal or reinstatement
of the license;



provided that no finding under paragraph (3) shall
be required in the case of a default judgment or if the licensee or license
applicant fails to petition the court as provided in section 436C-4.



(b)  A licensing authority shall act on the
certification of an administering entity under section 436C-2 only if the
certification complies with this section. [L 2003, c 133, pt of §2]