New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program
Subchapter A - Administration
Part 2405 - Recovery Of Refunds And Overpayments
Section 2405.2 - Grounds for recovery
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2405.2
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 2410.2 or
2407.1(a)(5) of
this Title; 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
2410.3 of this Title resulted in
the incorrect certification of the eligibility of a program or
student;
(2) the corporation, or an
entity on behalf of the corporation, has determined that the institution failed
to conduct an approved program in accordance with the regulations of the
corporation in effect when such program was conducted;
(3) the president has determined that an
institution has been advanced pursuant to the prepayment option set forth in
Part 2411 of this Title monies in excess of the amount to which the institution
is actually entitled; or
(4) the
president has determined that an educational institution received payment as a
result of any other act of omission or commission on the part of the
educational institution.
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