(a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this section, a student is liable for any Federal Pell Grant overpayment made to him or her.
(2) The institution is liable for a Federal Pell Grant overpayment if the overpayment occurred because the institution failed to follow the procedures set forth in this part or 34 CFR Part 668. The institution must restore an amount equal to the overpayment to its Federal Pell Grant account.
(3) A student is not liable for, and the institution is not required to attempt recovery of or refer to the Secretary, a Federal Pell Grant overpayment if the amount of the overpayment is less than $25 and is not a remaining balance.
(b)(1) Except as provided in paragraph (a)(3) of this section, if an institution makes a Federal Pell Grant overpayment for which it is not liable, it must promptly send a written notice to the student requesting repayment of the overpayment amount. The notice must state that failure to make that repayment, or to make arrangements satisfactory to the holder of the overpayment debt to repay the overpayment, makes the student ineligible for further title IV, HEA program funds until final resolution of the Federal Pell Grant overpayment.
(2) If a student objects to the institution's Federal Pell Grant overpayment determination on the grounds that it is erroneous, the institution must consider any information provided by the student and determine whether the objection is warranted.
(c) Except as provided in paragraph (a)(3) of this section, if the student fails to repay a Federal Pell Grant overpayment or make arrangements satisfactory to the holder of the overpayment debt to repay the Federal Pell Grant overpayment, after the institution has taken the action required by paragraph (b) of this section, the institution must refer the overpayment to the Secretary for collection purposes in accordance with procedures required by the Secretary. After referring the Federal Pell Grant overpayment to the Secretary under this section, the institution need make no further efforts to recover the overpayment.
(Authority: 20 U.S.C. 1070a)
[67 FR 67083, Nov. 1, 2002]
Notes of Decisions
Grove City Coll. v. Bell, 465 U.S. 555 (1984).
· cites it 2× “); see 34 CFR §§ 690.79 , 690.94(a)(2) (1983). Grove City's attempt to analogize BEOG's to food stamps, Social Security benefits, welfare payments, and other forms of general-purpose governmental assistance to low-income families is unavailing.”
Walker v. High Tech Refractory Servs., 885 So. 2d 1185 (La. Ct. App. 2004).
“In fact, Walker may be personally responsible for refunding the grant monies to the federal Secretary of Education under the provisions of 34 C.F.R. § 690.79 . See Till v. Delta School of Commerce, Inc.”
Harrisburg Area Cmty. Coll. v. Pac. Employers Ins., 682 F. Supp. 805 (M.D. Penn. 1988).
“See 34 C.F.R. § 690.79 (a)(2). Accordingly, its repayment to the government is covered under the policy and any possibility of collecting from the students is left up to the defendant in deciding to exercise its subrogation rights under the contract.”
Shaffer v. Block, 705 F.2d 805 (6th Cir. 1983).
· cites it 2× “§ 1091 (a)(5), 34 C.F.R. § 690.79 (1981). 17 The school can pay the student directly by check or credit the student’s account with the institution.”
Alo v. Goldsmith (E.D. Cal. 2023).
· cites it 2× “79(c)) Plaintiff avers that after referring payments to 1 complying with 34 CFR 690.79(b)(2)). 2 Plaintiff states Defendants are authorized under “C.”
Alo v. Goldsmith (E.D. Cal. 2023).
· cites it 2× “79(c)) Plaintiff avers that after referring payments to 18 the secretary, the institution need make no further effort to recover overpayments after 19 complying with 34 CFR 690.79(b)(2)). 20 Plaintiff states Defendants are authorized under “C.”
— 34 C.F.R. § 690.79(b)(2) — 2 cases
Alo v. Goldsmith (E.D. Cal. 2023).
“79(c)) Plaintiff avers that after referring payments to 1 complying with 34 CFR 690.79(b)(2)). 2 Plaintiff states Defendants are authorized under “C.”
Alo v. Goldsmith (E.D. Cal. 2023).
“79(c)) Plaintiff avers that after referring payments to 18 the secretary, the institution need make no further effort to recover overpayments after 19 complying with 34 CFR 690.79(b)(2)). 20 Plaintiff states Defendants are authorized under “C.”
— 34 C.F.R. § 690.79(c) — 2 cases
Alo v. Goldsmith (E.D. Cal. 2023).
“79(c)) Plaintiff avers that after referring payments to 1 complying with 34 CFR 690.79(b)(2)). 2 Plaintiff states Defendants are authorized under “C.”
Alo v. Goldsmith (E.D. Cal. 2023).
“79(c)) Plaintiff avers that after referring payments to 18 the secretary, the institution need make no further effort to recover overpayments after 19 complying with 34 CFR 690.79(b)(2)). 20 Plaintiff states Defendants are authorized under “C.”
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