CFR > Title 34 - Education > SUBTITLE B—Regulations of the Offices of the Department of Education > CHAPTER II—OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION (parts 200 to 299) > PART 222—IMPACT AID PROGRAMS > SUBPART A—General (§222.1 to §222.19) > 222.12—What overpayments are eligible for forgiveness under section 8012 of the Act?

222.12—What overpayments are eligible for forgiveness under section 8012 of the Act?

(a) The Secretary considers as eligible for forgiveness under section 8012 of the Act (“eligible overpayment”) any overpayment amount that is more than an LEA was eligible to receive for a particular fiscal year under Public Law 81-874, Public Law 81-815, or the Act (except for the types of overpayments listed in § 222.13 ), and that—
(1) Remains owing on or after July 31, 1997;
(2) Is the subject of a written request for forgiveness filed by the LEA before July 31, 1997; or
(3) Is the subject of a pending, timely written request for an administrative hearing or reconsideration, and has not previously been reviewed under §§ 222.12-222.18.
(b) The Secretary applies §§ 222.14-222.18 in forgiving, in whole or part, an LEA's obligation to repay an eligible overpayment that resulted from error either by the LEA or the Secretary.

Code of Federal Regulations

(Authority: 20 U.S.C. 7712 )

Code of Federal Regulations

[62 FR 35412, July 1, 1997]