[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR222.12] [Page 484] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 222--IMPACT AID PROGRAMS--Table of Contents Subpart A--General Sec. 222.12 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 Sec. 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 Secs. 222.12--222.18. (b) The Secretary applies Secs. 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]