34 C.F.R. § 685.308

Remedial actions

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(a) General. The Secretary may require the repayment of funds and the purchase of loans by the school if the Secretary determines that the school is liable as a result of—

(1) The school's violation of a Federal statute or regulation;

(2) The school's negligent or willful false certification under § 685.215; or

(3) The school's actions that gave rise to a successful claim for which the Secretary discharged a loan, in whole or in part, pursuant to § 685.206, § 685.214, § 685.216, § 685.222, or subpart D of this part.

(b) In requiring a school to repay funds to the Secretary or to purchase loans from the Secretary in connection with an audit or program review, the Secretary follows the procedures described in 34 CFR part 668, subpart H.

(c) The Secretary may impose a fine or take an emergency action against a school or limit, suspend, or terminate a school's participation in the Direct Loan Program in accordance with 34 CFR part 668, subpart G.

[59 FR 61690, Dec. 1, 1994, as amended at 81 FR 76089, Nov. 1, 2016; 84 FR 49933, Sept. 23, 2019; 87 FR 66068, Nov. 1, 2022]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Sweet v. Cardona (N.D. Cal. 2022).
Sweet v. Cardona (N.D. Cal. 2022). “9 See 34 C.F.R. § 685.308 ; 34 C.F.R. Pt. 668, Subpt.”
Sweet v. Cardona (N.D. Cal. 2023). “17 34 C.F.R. § 685.308 (a)(3). Under the settlement, the loans of class members who attended 18 movants’ schools are discharged pursuant to a separate authority.”
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