34 CFR 222.14 - What requirements must a local educational agency meet for an eligible overpayment to be forgiven in whole or part?
The Secretary forgives an eligible overpayment, in whole or part as described in § 222.18, if -
(a) An LEA submits to the Department's Impact Aid Program office a written request for forgiveness by the later of -
(1) Thirty days from the LEA's initial receipt of a written notice of the overpayment; or
(2) September 2, 1997;
(b) The LEA submits to the Department's Impact Aid Program office the information and documentation described in § 222.16 by the deadlines described in paragraph (a) of this section, or other time limit established in writing by the Secretary due to lack of availability of the information and documentation; and
(c) The Secretary determines under § 222.17 that -
(1) In the case either of an LEA's or the Department's error, repayment of the LEA's total eligible overpayments will result in an undue financial hardship on the LEA and seriously harm the LEA's educational program; or
(2) In the case of the Department's error, determined on a case-by-case basis, repayment would be manifestly unjust (“manifestly unjust repayment exception”).
Title 34 published on 2015-12-04
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR Part 222 after this date.
- 34 CFR 222.18 — What Amount Does the Secretary Forgive?
- 34 CFR 222.15 — How Are the Filing Deadlines Affected by Requests for Other Forms of Relief?
- 34 CFR 222.16 — What Information and Documentation Must a Local Educational Agency Submit for an Eligible Overpayment to Be Considered for Forgiveness?