Melissa L. Moloney - Page 5

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                    is your responsibility to declare it as such on                   
                    your income tax return.                                           
               To accept the LARP award, you must maintain full-time                  
               employment with the state or local government or a                     
               nonprofit organization. * * *                                          
               If you change employment and the new employer is ineli-                
               gible, you will be required to repay the LARP award on                 
               a prorated basis to the Office of Student Financial                    
               In order to qualify for petitioner’s LARP award, petitioner            
          was required to be a so-called public servant.  During 2002,                
          petitioner worked for the State’s Attorney’s Office.  Such work             
          qualified petitioner as a public servant for purposes of peti-              
          tioner’s LARP award.  Petitioner’s LARP award of $4,372 was                 
          determined on a sliding scale based upon petitioner’s salary at             
          the State’s Attorney’s Office.                                              
               On May 31, 2002, petitioner accepted petitioner’s LARP award           
          of $4,372 and signed the financial aid notification acceptance              
          letter that she received from the Maryland Higher Education                 
          Commission.  That letter stated in pertinent part:                          
               The Maryland Higher Education Commission is pleased to                 
               offer you financial aid for the 2001-2002[2] award year.               
               These funds are intended to assist you with the repay-                 
               ment of your educational loan with the lender listed                   
               below.  Please be aware that this offer may change or                  
               be cancelled if you change employers. * * *                            

               2There is a discrepancy that we are unable to resolve on the           
          record before us between petitioner’s LARP award notification               
          letter and the financial aid notification acceptance letter as to           
          the award year to which petitioner’s LARP award pertained.                  
          However, such award year is not material to our resolving the               
          issue presented in this case.                                               

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Last modified: May 25, 2011