[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: 34CFR222.14]



[Page 506-507]

 

                           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 507]]



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]