New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XX - Higher Education Services Corporation
Subchapter A - Administration
Part 2007 - Recovery Of Refunds And Overpayments
Section 2007.3 - Grounds for recovery
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2007.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Student refunds. If a student receives payment as a result of:
(1) administrative error by the institution
or the corporation;
(2) a false or
erroneous statement on his application or financial form;
(3) any other act of omission or commission
on the part of the student, his spouse or his parents; or
(4) failure of the student to fulfill the
eligibility requirements for an award of section
2205.2 of this Chapter;
such that the student would otherwise have been considered by the president ineligible to receive such payment, the student shall be required to refund the improper payment to the State.
(b) Institutional refunds. The president shall require institutions to refund payment to the State, and the student shall not be required to refund such payments, when:
(1) the president has determined that
inadequate administrative procedures or practices of the institution or a
failure by the institution to fulfill the requirements of section
2205.3 of this Chapter resulted in
the incorrect certification of the eligibility of a program or
student;
(2) the commissioner has
determined that the institution failed to conduct an approved program in
accordance with the regulations of the commissioner in effect when such program
was conducted; or
(3) the president
has determined that an institution has been advanced pursuant to the prepayment
option set forth in Part 2206 of this Subchapter monies in excess of the amount
to which the school is actually entitled.
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