(a) An institution or third-party servicer seeking the Secretary's review of a final audit determination or a final program review determination shall file a written request for review with the designated department official.
(b) The institution or servicer shall file its request for review and any records or materials admissible under the terms of § 668.116(e) and (f), no later than 45 days from the date that the institution or servicer receives the final audit determination or final program review determination.
(c) The institution or servicer shall attach to the request for review a copy of the final audit determination or final program review determination, and shall—
(1) Identify the issues and facts in dispute; and
(2) State the institution's or servicer's position, as applicable, together with the pertinent facts and reasons supporting that position.
(d) (1) If an institution's violation that resulted in the final audit determination or final program review determination in paragraph (a) of this section results from an administrative, accounting, or recordkeeping error, and that error was not part of a pattern of error, and there is no evidence of fraud or misconduct related to the error, the Secretary permits the institution to correct or cure the error.
(2) If the institution is charged with a liability as a result of an error described in paragraph (d)(1) of this section, the institution cures or corrects that error with regard to that liability if the cure or correction eliminates the basis for the liability.
(Approved by the Office of Management and Budget under control number 1840-0537)
(Authority: 20 U.S.C. 1094 and 1099c-1)
[59 FR 22452, Apr. 29, 1994, as amended at 59 FR 34964, July 7, 1994; 64 FR 58619, Oct. 29, 1999]
Title 34 published on 2012-07-01
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