[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1336.77]



[Page 242-243]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1336_NATIVE AMERICAN PROGRAMS--Table of Contents

 

   Subpart F_Native Hawaiian Revolving Loan Fund Demonstration Project

 

Sec. 1336.77  Recovery of funds.



    (a) Funds provided under this Subpart may be recovered by the 

Commissioner for both costs of administration of the Loan Fund and 

losses incurred by the Fund (hereafter jointly referred to as ``costs'') 

under the following circumstances:



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    (1) Whenever claimed costs are unallowable under the Native 

Americans Programs Act of 1974, as amended, or under 45 CFR part 74, or 

both;

    (2) For costs for loans made to ineligible persons or entities as 

defined in Sec. 1336.73;

    (3) For costs connected with the default of a borrower when the Loan 

Administrator has failed to perfect any security interest or when the 

Loan Administrator has failed to obtain collateral when provision of 

collateral is a condition of a loan.

    (4) For costs connected with any default when the Loan Administrator 

has failed to perform a proper check of an applicant's credit;

    (5) For costs whenever the Loan Administrator has failed to notify 

the Commission of loans at risk as required by Sec. 1336.68 of these 

regulations, and as may be required by the procedures approved pursuant 

to that regulation;

    (6) For costs whenever the Loan Administrator has failed to follow 

properly instructions provided to it by the Commissioner pursuant to 

Sec. 1336.68(d) of these regulations;

    (7) For costs which are incurred due to faulty record keeping, 

reporting, or both; or

    (8) For costs which are in connection with any activity or action 

which violates any Federal or State law or regulation not specifically 

identified in these regulations.

    (b) Whenever the Commissioner determines that funds have been 

improperly utilized or accounted for, he will issue a disallowance 

pursuant to the Act and to 45 CFR part 74 and will notify the Loan 

Administrator of its appeal rights, which appeal must be taken pursuant 

to 45 CFR part 16.

    (c) If a disallowance is taken and not appealed, or if it is 

appealed and the disallowance is upheld by the Departmental Grant 

Appeals Board, the Loan Administrator must repay the disallowed amount 

to the Loan Fund within 30 days, such repayment to be made with non-

Federal funds.



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