34 C.F.R. § 682.700

Purpose and scope

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(a) This subpart governs the limitation, suspension, or termination by the Secretary of the eligibility of an otherwise eligible lender to participate in the FFEL programs or the eligibility of a third-party servicer to enter into a contract with an eligible lender to administer any aspect of the lender's FFEL programs. The regulations in this subpart apply to a lender or third-party servicer that violates any statutory provision governing the FFEL programs or any regulations, special arrangements, agreements, or limitations entered into under the authority of statutes applicable to Title IV of the HEA prescribed under the FFEL programs. These regulations apply to lenders that participate only in a guaranty agency program, lenders that participate in the FFEL programs, and third-party servicers that administer aspects of a lender's FFELP portfolio. These regulations also govern the Secretary's disqualification of a lender from participation in the FFEL programs under section 432(h)(2) of the Act.

(b) This subpart does not apply—

(1)(i) To a determination that an organization fails to meet the definition of “eligible lender” in section 435(d)(1) of the Act or the definition of “lender” in § 682.200, for any reason other than a violation of the prohibitions in section 435(d)(5) of the Act; or

(ii) To a determination that an organization fails to meet the standards in § 682.416; or

(2) To an administrative action by the Department of Education based on any alleged violation of—

(i) The Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act), which is governed by 34 CFR part 99;

(ii) Title VI of the Civil Rights Act of 1964, which is governed by 34 CFR parts 100 and 101;

(iii) Section 504 of the Rehabilitation Act of 1973 (relating to discrimination on the basis of handicap), which is governed by 34 CFR part 104; or

(iv) Title IX of the Education Amendments of 1972 (relating to sex discrimination), which is governed by 34 CFR part 106.

(c) This subpart does not supplant any rights or remedies that the Secretary may have against participating lenders under other authorities.

(Authority: 20 U.S.C. 1080, 1082, 1085, 1094) [57 FR 60323, Dec. 18, 1992, as amended at 59 FR 22456, Apr. 29, 1994; 78 FR 65822, Nov. 1, 2013]

Notes of Decisions

Cited in 6 cases, 1992–2018 · leading case: Student Loan Servicing All. v. Dist. of Columbia, 351 F. Supp. 3d 26 (D.C. Cir. 2018).

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Student Loan Servicing All. v. Dist. of Columbia, 351 F. Supp. 3d 26 (D.C. Cir. 2018). · cites it 2× “DOED regulations also establish processes to limit, suspend, or terminate a third-party servicer's eligibility to contract with private lenders, 34 C.F.R. § 682.700 , and impose certain obligations on FFELP loan servicers, including reporting requirements.”

Chae v. SLM Corp., 593 F.3d 936 (9th Cir. 2010). “34 C.F.R. §§ 682.700 -.713. Lenders may assign their loans to third-party loan servicers, in which case the loan servicer must also abide by the FFELP regulations.”

United States Ex Rel. Vigil v. Nelnet, Inc., 639 F.3d 791 (8th Cir. 2011). “See 34 C.F.R. § 682.700 (a), .706, .709(a)-(b).”

Jackson v. Culinary Sch. of Washington, 788 F. Supp. 1233 (D.D.C. 1992). “§ 1082 (g); 34 C.F.R. § 682.700 -.711; 34 C.F.R. § 682.”

Student Loan Servicing All. v. Taylor (D.D.C. 2018). · cites it 2× “DOED regulations also establish processes to limit, suspend, or terminate a third-party servicer’s eligibility to contract with private lenders, 34 C.F.R. § 682.700 , and impose certain obligations on FFELP loan servicers, including reporting requirements E § § 682'.”

Ann Chae v. Slm Corp. (9th Cir. 2010). “34 C.F.R. §§ 682.700 -.713. Lenders may assign their loans to third-party loan servicers, in which case the loan servicer must also abide by the FFELP regulations.”

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