What overpayments are eligible for forgiveness under section 8012 of the Act?
(a) The Secretary considers as eligible for forgiveness under section 8012 of the Act (“eligible overpayment”) any overpayment amount that is more than an LEA was eligible to receive for a particular fiscal year under Public Law 81-874, Public Law 81-815, or the Act (except for the types of overpayments listed in § 222.13 ), and that—
(1) Remains owing on or after July 31, 1997;
(2) Is the subject of a written request for forgiveness filed by the LEA before July 31, 1997; or
(3) Is the subject of a pending, timely written request for an administrative hearing or reconsideration, and has not previously been reviewed under §§ 222.12-222.18.
(b) The Secretary applies §§ 222.14-222.18 in forgiving, in whole or part, an LEA's obligation to repay an eligible overpayment that resulted from error either by the LEA or the Secretary.
(Authority: 20 U.S.C. 7712)
[62 FR 35412, July 1, 1997]
Title 34 published on 2012-07-01
no entries appear in the Federal Register after this date.
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