[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.14]

[Page 504-505]
 
                           TITLE 34--EDUCATION
 
                  CHAPTER II--OFFICE OF ELEMENTARY AND
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
                            Subpart A_General
 
Sec. 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 Sec. 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 Sec. 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 Sec. 222.17 that--
    (1) In the case either of an LEA's or the Department's error, 
repayment of

[[Page 505]]

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'').

[62 FR 35413, July 1, 1997]