[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: 34CFR81.31]



[Page 235]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                Subpart B_Hearings for Recovery of Funds

 

Sec.  81.31  Measure of recovery.



    A recipient that made an unallowable expenditure or otherwise failed 

to discharge its obligation to account properly for funds shall return 

an amount that--

    (a) Meets the standards for proportionality in Sec.  81.32;

    (b) In the case of a State or local educational agency, excludes any 

amount attributable to mitigating circumstances under the standards in 

Sec.  81.23; and

    (c) Excludes any amount expended in a manner not authorized by law 

more than five years before the recipient received the notice of a 

disallowance decision under Sec.  81.34.



(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(k), 1234b (a) and (b), 

and 3474(a))



[54 FR 19512, May 5, 1989; 54 FR 21622, May 19, 1989. Redesignated and 

amended at 58 FR 43473, Aug. 16, 1993]