Subchapter M. AGRICULTURE EDUCATION LOAN
FORGIVENESS PROGRAM
Sec.
121.301. Definitions.
121.302. Application of existing agency regulations.
121.303. Qualified applicant.
121.304. Loan forgiveness.
121.305. Employment verification.
121.306. Eligible place of employment.
Authority The provisions of this Subchapter M amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. § 5104); section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. § 5151); the act of July 18, 1974 (P. L. 483, No. 174) (24 P. S. § § 5181—5189); the act of July 1, 1988 (P. L. 1259, No. 155) (24 P. S. § § 5191—5197); and the act of June 26, 1992 (P. L. 322, No. 64) (24 P. S. § § 5198.1—5198.7), unless otherwise noted.
Source The provisions of this Subchapter M adopted July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321, unless otherwise noted.
§ 121.301. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Agricultural products—Crops, livestock and livestock products, and commodities, including:(i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
(ii) Fruits, including apples, peaches, grapes, cherries and berries.
(iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.
(iv) Horticultural specialties, including nursey stock, ornamental shrubs, ornamental trees and flowers.
(v) Cattle, sheep, hogs, goats, horses, poultry, fur-bearing animals, milk, eggs and furs.
(vi) Timber, wood and other wood products derived from trees.
(vii) Aquatic plants and animals and their by-products.
(viii) Products derived from one or more of the items listed in subparagraphs (i)—(vii) and other products derived from the business of farming, including other products manufactured, derived or prepared from the products mentioned in subparagraphs (i)—(vii), raw or processed, which are used as food for humans or animals.
Immediate family member—A spouse, child, stepchild, parent, stepparent, grandparent, brother, stepbrother, sister, stepsister or like relative-in-law of an owner of real property.
Mixed practice of veterinary medicine—As described by the American Veterinary Medical Association, that type of clinical veterinary practice or consultation which deals with more than one categorical species, including, but not limited to, agricultural animals.
United States Department of Agriculture Certification—Certification by the United States Department of Agriculture that a graduate veterinarian has successfully passed an examination and is certified to sign health certificates allowing the interstate commerce of agricultural animals and animal products as well as the ability to certify regulatory testing such as bovine tuberculosis and brucellosis.
Veterinary practice—The practice in the field of veterinary medicine by a person qualified by educational training and experience in the science and techniques of veterinary medicine and who is currently licensed to practice veterinary medicine by the State Board of Veterinary Medicine under the Veterinary Medicine Practice Act (63 P. S. § § 485.1—485.33).
Cross References This section cited in 22 Pa. Code § 121.305 (relating to employment verification).
§ 121.302. Application of existing Agency regulations.
The following higher education grant regulations contained in Subchapters A and B (relating to general provisions; and the State Higher Education Grant Program) apply to applicants in the Agriculture Education Loan Forgiveness Program:
(1) Section 121.1 (relating to definitions).
(2) Section 121.3 (relating to discrimination prohibited).
(3) Section 121.4(a) (relating to denial of eligibility to loan defaulters).
(4) Section 121.6 (relating to denial of eligibility for financial assistance).
(5) Section 121.7 (relating to notice of denial and preliminary review procedures).
(6) Section 121.8 (relating to applicant and recipient appeals and hearings).
§ 121.303. Qualified applicant.
A qualified applicant in the Agriculture Education Loan Forgiveness Program shall be a person who meets the following requirements. The person:
(1) Is a resident of this Commonwealth.
(2) Holds a degree in a field related to the production of agricultural products or in the field of veterinary medicine, from an institution of higher education located within this Commonwealth.
(3) Is in the first year of full-time employment or work on a family farm or in the practice of veterinary medicine. A portion of this activity shall be for the protection and enhancement of agricultural animal health and productivity, on or after July 1, 1991.
(4) Has borrowed through the Agency-administered Federal Family Education Loan Programs.
§ 121.304. Loan forgiveness.
Qualified applicants who are selected for the Agriculture Education Loan Forgiveness Program in accordance with the policies established by the Agency shall be eligible for payment by the Agency of the PHEAA-approved indebtedness in the Agency-administered Federal Family Education Loan Programs, including interest charges, if the indebtedness is at least $500. The indebtedness may not include loans advanced by relatives of the borrower and other individuals. For each year that the participant is employed full time on a family farm or works full time on a family farm, a portion of which shall be located within this Commonwealth, or is engaged in the mixed practice of veterinary medicine within this Commonwealth, a portion of which activity shall be for the protection and enhancement of agricultural animal health and productivity, and who has obtained United States Department of Agriculture certification, and based upon the availability of funds, the repayment shall be up to $2,000 per year. Forgiveness may not exceed $2,000 for each year that the employment is fulfilled and no more than $10,000 will be forgiven for any participant. The payment shall be made in accordance with the procedures established by the Agency.
§ 121.305. Employment verification.
Qualified applicants selected for the Agriculture Education Loan Forgiveness Program shall be required to submit documentation the Agency may require as proof that the individual has spent at least 35 hours per week working full time on a family farm or a family farm corporation, and is in compliance with all other criteria for eligibility as are annually made public by the Agency. The veterinarian shall provide proof that he is accredited by the United States Department of Agriculture/Animal, Plant, Health Inspection Service to perform accredited tasks in this Commonwealth and show that a portion of the applicant’s activities are devoted to farm animals and are consistent with the American Veterinary Medical Association definition of ‘‘mixed practice of veterinary medicine’’ (see § 121.301 (relating to definitions)). The veterinarian shall also be in compliance with the other criteria for eligibility.
§ 121.306. Eligible place of employment.
For the purposes of the Agriculture Education Loan Forgiveness Program, a family farm shall be the real property of a farm owned by members of an immediate family or by a family farm corporation used for the production, for commercial purposes, of agricultural products. A family farm corporation shall be a corporation of which at least 75% of its assets are devoted to the business of agriculture and at least 75% of each class of stock of the corporation is continuously owned by members of the immediate family.
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