[§436C-4]  Judicial finding of financial hardship; guidelines.  If a licensee or license applicant who is the
subject of a certification issued pursuant to section 436C-3 declares to the
court that the default cannot be cured without financial hardship, the court
may consider the following in determining whether financial hardship exists:



(1)  That the administering entity had notice of the
defendant's financial hardship prior to initiation of civil proceedings in the
form of a completed statement of financial status and a request for deferment,
forbearance, loan consolidation, extension of the repayment schedule, or a
graduated or income-sensitive repayment plan;



(2)  Findings made
pursuant to section 636-4;



(3)  The earning
potential and borrowing capacity of the licensee or license applicant and any
spouse relative to the cost of reasonable necessities; and



(4)  Avoidance of
extreme and inequitable changes in the licensee's or license applicant's
income. [L 2003, c 133, pt of §2]