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CFR › Title 34 › Subtitle B › Chapter VI › Part 668 › Subpart I › Section 668.138

34 CFR 668.138 - Liability.

There are 2 Updates appearing in the Federal Register for 34 CFR 668. Select the tab below to view, or View eCFR (GPOAccess)
§ 668.138
Liability.
(a) A student is liable for any LEAP, FSEOG, Federal Pell Grant, ACG, National SMART Grant, or TEACH Grant payment and for any Federal Stafford, Direct Subsidized, Direct Unsubsidized or Federal Perkins loan made to him or her if the student was ineligible for the Title IV, HEA assistance.
(b) A Federal PLUS or Direct PLUS Loan borrower is liable for any Federal PLUS or Direct PLUS Loan made to him or her on behalf of an ineligible student.
(c) The Secretary does not take any action against an institution with respect to an error in the institution's determination that a student is an eligible noncitizen if, in making that determination, the institution followed the provisions in this subpart and relied on—
(1) An output document for that student indicating that the INS has confirmed that the student's immigration status meets the eligibility requirements for title IV, HEA assistance;
(2) An INS determination of the student's immigration status and the authenticity of the student's immigration documents provided in response to the institution's request for secondary confirmation; or
(3) Immigration-status documents submitted by the student and the institution did not have reason to believe that the documents did not support the student's claim to be an eligible noncitizen.
(d) Except as provided in paragraph (c) of this section, if an institution makes an error in its determination that a student is an eligible noncitizen, the institution is liable for any title IV, HEA disbursements made to this student during the award year or period of enrollment for which the student applied for title IV, HEA assistance.
(Authority: 20 U.S.C. 1070g, 1091, 1094 )
[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998; 65 FR 38729, June 22, 2000; 71 FR 38003, July 3, 2006; 73 FR 35493, June 23, 2008]

Title 34 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 34.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-03-22; vol. 78 # 56 - Friday, March 22, 2013
    1. 78 FR 17598 - Program Integrity Issues
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Postsecondary Education
      Final regulations; revisions to preamble.
      These revisions apply to the preamble for the October 29, 2010, regulations (75 FR 66832), which were generally effective July 1, 2011.
      34 CFR Parts 600, 602, 603, 668, 682, 685, 686, 690, and 691

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 20 - EDUCATION

§ 1001 - General definition of institution of higher education

§ 1002 - Definition of institution of higher education for purposes of student assistance programs

§ 1003 - Additional definitions

§ 1085 - Definitions for student loan insurance program

§ 1088 - Definitions

§ 1091 - Student eligibility

§ 1091b - Institutional refunds

§ 1092 - Institutional and financial assistance information for students

§ 1094 - Program participation agreements

§ 1099c - Eligibility and certification procedures

20 USC § 1099c–1 - Program review and data

Title 34 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR 668 after this date.

  • 2013-03-22; vol. 78 # 56 - Friday, March 22, 2013
    1. 78 FR 17598 - Program Integrity Issues
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Postsecondary Education
      Final regulations; revisions to preamble.
      These revisions apply to the preamble for the October 29, 2010, regulations (75 FR 66832), which were generally effective July 1, 2011.
      34 CFR Parts 600, 602, 603, 668, 682, 685, 686, 690, and 691