Code of Federal Regulations (alpha)

CFR /  Title 34  /  Part 81  /  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

(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]