[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.196]

[Page 561]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents
 
                     Subpart M--Cohort Default Rates
 
Sec. 668.196  Average rates appeals.

    (a) Eligibility. (1) You may appeal a notice of a loss of 
eligibility under Sec. 668.187(a)(1), based on one cohort default rate 
over 40 percent, if that cohort default rate is calculated as an average 
rate under Sec. 668.183(d)(2).
    (2) You may appeal a notice of a loss of eligibility under 
Sec. 668.187(a)(2), based on three cohort default rates of 25 percent or 
greater, if at least two of those cohort default rates--
    (i) Are calculated as average rates under Sec. 668.183(d)(2); and
    (ii) Would be less than 25 percent if calculated for the fiscal year 
alone using the method described in Sec. 668.183(d)(1).
    (b) Deadline for submitting an appeal. (1) Before notifying you of 
your official cohort default rate, we make an initial determination 
about whether you qualify for an average rates appeal. If we determine 
that you qualify, we notify you of that determination at the same time 
that we notify you of your official cohort default rate.
    (2) If you disagree with our initial determination, you must send us 
your average rates appeal, including all supporting documentation, 
within 30 days after you receive the notice of your loss of eligibility.
    (c) Determination. You do not lose eligibility under Sec. 668.187 if 
we determine that you meet the requirements for an average rates appeal.

(Approved by the Office of Management and Budget under control number 
1845-0022)

(Authority: 20 U.S.C. 1082, 1085, 1094, 1099c)

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