[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR222.11]



[Page 505-506]

 

                           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.  222.11  How does the Secretary recover overpayments?



    Except as otherwise provided in Sec. Sec.  222.12-222.18, the 

Secretary adjusts for and recovers overpayments as follows:



[[Page 506]]



    (a) If the Secretary determines that an LEA has received a payment 

in excess of what it should have received under the Act and this part, 

the Secretary deducts the amount of the overpayment from subsequent 

payments for which the LEA is eligible under the Act.

    (b)(1) If the LEA is not eligible for subsequent payments under the 

Act, the LEA must promptly refund the amount of the overpayment to the 

Secretary.

    (2) If the LEA does not promptly repay the amount of the overpayment 

or promptly enter into a repayment agreement with the Secretary, the 

Secretary may use the procedures in 34 CFR part 30 to offset that amount 

against payments from other Department programs or, under the 

circumstances permitted in part 30, to request that another agency 

offset the debt.



(Authority: 20 U.S.C. 1226a-1, 7702, 7703, 7706, 7712)



[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35412, July 1, 1997]