[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: 34CFR81.36]



[Page 237]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                Subpart B_Hearings for Recovery of Funds

 

Sec.  81.36  Compromise of claims under General Education Provisions Act.



    (a) The Secretary or an authorized Departmental official as 

appropriate may compromise a claim established under this subpart 

without following the procedures in 4 CFR part 103 if--

    (1)(i) The amount of the claim does not exceed $200,000; or

    (ii) The difference between the amount of the claim and the amount 

agreed to be returned does not exceed $200,000; and

    (2) The Secretary or the official determines that--

    (i) The collection of the amount by which the claim is reduced under 

the compromise would not be practical or in the public interest; and

    (ii) The practice that resulted in the disallowance decision has 

been corrected and will not recur.

    (b) Not less than 45 days before compromising a claim under this 

section, the Department publishes a notice in the Federal Register 

stating--

    (1) The intention to compromise the claim; and

    (2) That interested persons may comment on the proposed compromise.



(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a (j), and 3474(a))



[54 FR 19512, May 5, 1989. Redesignated at 58 FR 43473, Aug. 16, 1993]