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Rubey v. Alaska Com'n on Postsecondary Educ.

Supreme Court of Alaska

August 21, 2009

Leland C. RUBEY, Appellant,
v.
ALASKA COMMISSION ON POSTSECONDARY EDUCATION, Appellee.

Leland C. Rubey, pro se, Anchorage, Appellant.

Mary Ellen Beardsley, Assistant Attorney General, Anchorage, Talis J. Colberg, Attorney General, Juneau, for Appellee.

Page 414

Before : FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

The issue in this case is whether relevant statutes and regulations provide for cancellation of four student loans upon the recipient's medical disability. We conclude that they do not, and we affirm the denial of the recipient's request for medical cancellation of his loan obligations.

II. FACTS AND PROCEEDINGS

Between 1996 and 1998 Leland Rubey received four education loans from the Alaska Commission on Postsecondary Education (ACPE). The disbursement dates, loan amounts, and deducted loan fees [1] are set forth in the table below. None of Rubey's promissory notes contains a provision specifically allowing medical cancellation. Promissory notes for some pre-1996 ACPE loans did contain provisions specifically allowing medical cancellation.

Loan #Date Note Signed Loan Amount Loan Fee

1

January 12, 1996 $5,555.00 1% ($ 55.55)

2

June 25, 1996 $8,500.00 5% ($425.00)

3 March 26, 1997 $1,600.00 5% ($ 80.00)


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