Section 34-22-64 Contractual Agreement of Recipients; Penalties for Breach; Institution of Legal Proceedings.

(a) Each recipient of a loan under the provisions of this article shall enter into a contract with the Board of Optometric Scholarship and Loan Awards where the recipient agrees to repay the loan in a manner prescribed by the board not inconsistent with any provisions of this article. Breach of contract by the recipient shall make the recipient immediately liable for the unpaid balance of the loan and shall constitute a ground for the revocation of the recipient’s certificate or license to practice optometry in this state. In the event of death or total and permanent disability of the recipient to engage in the practice of optometry, repayment of the loan may be excused by the board. (b) If a breach of contract occurs prior to completion of the repayment obligations set forth in this article, a penalty equal to 100 percent of the remaining principal amount of all loans received by the recipient shall be assessed under the written contract. (c) The Attorney General of Alabama, upon request of the Board of Optometric Scholarship and Loan Awards, shall institute proceedings in the name of the state for the purpose of recovering any amount due the state under the provisions of this article. All proceedings involving default or dispute of the contract shall be brought in the appropriate court of jurisdiction in Montgomery County. The proceedings to have an optometrist’s certificate or license revoked shall be commenced upon the written complaint of the board to the State Board of Optometric Examiners. The proceedings shall be in accordance with the Alabama law pertaining to the revocation of licenses to practice optometry. (d) The board may pursue all means legally available to it under the law to collect on outstanding balances if a breach of contract occurs. Any monies received from recipients in repayment or recovered by the board from this section shall be retained by the board for the funding of future scholarships and loans.