34 CFR 81.30 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Office Of The Secretary, Department Of Education (Parts 1-2 To Appendix A To Part 99) — (Parts 1-2 To Appendix A To Part 99) — General Education Provisions Act - Enforcement (§ 81.1 To Appendix To Part 81) — Hearings For Recovery Of Funds (§ 81.30 To Appendix To Part 81) — Basis for recovery of funds.

(a) Subject to the provisions of § 81.31, an authorized Departmental official requires a recipient to return funds to the Department if -

(1) The recipient made an unallowable expenditure of funds under a grant or cooperative agreement; or

(2) The recipient otherwise failed to discharge its obligation to account properly for funds under a grant or cooperative agreement.

(b) An authorized Departmental offcial may base a decision to require a recipient to return funds upon an audit report, an investigative report, a monitoring report, or any other evidence.