34 C.F.R. PART 36—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION


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PART 36—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

Section Contents
§ 36.1   Purpose.
§ 36.2   Penalty adjustment.


Authority:  28 U.S.C. 2461 note and 31 U.S.C. 3701 note, unless otherwise noted.

Source:  67 FR 69655, Nov. 18, 2002, unless otherwise noted.

§ 36.1   Purpose.
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The purpose of this part is to make inflation adjustments to the civil monetary penalties within the jurisdiction of the Department of Education. These penalties are subject to review and adjustment as necessary at least once every 4 years in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.

(Authority: 28 U.S.C. 2461 note and 31 U.S.C. 3701 note)

§ 36.2   Penalty adjustment.
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The citations for the adjusted penalty provisions, a brief description of the penalty, and the adjusted maximum (and minimum, if applicable) penalty amounts are listed in Table I.

   Table I, Section 36.2_Civil Monetary Penalty Inflation Adjustments------------------------------------------------------------------------                                                       New maximum (and                                                         minimum, if            Statute                 Description      applicable) penalty                                                            amount------------------------------------------------------------------------20 U.S.C. 1015(c)(5)..........  Provides for a fine  $27,500.                                 of up to $25,000                                 for failure by an                                 institution of                                 higher education                                 (IHE) to provide                                 information on the                                 cost of higher                                 education to the                                 Commissioner of                                 Education                                 Statistics.20 U.S.C. 1027(f)(3)..........  Provides for a fine  $27,500.                                 of up to $25,000                                 for failure by an                                 IHE to provide                                 information to the                                 State and the                                 public regarding                                 its teacher-                                 preparation                                 programs.20 U.S.C. 1082(g).............  Provides for a       $27,500.                                 civil penalty of                                 up to $25,000 for                                 violations by                                 lenders and                                 guaranty agencies                                 of Title IV-B of                                 the Higher                                 Education Act of                                 1965, as amended                                 (HEA), which                                 authorizes the                                 Federal Family                                 Education Loan                                 Program.20 U.S.C. 1094(c)(3)(B).......  Provides for a       $27,500.                                 civil penalty of                                 up to $25,000. for                                 an institution of                                 higher education's                                 violation of Title                                 IV of the Higher                                 Education Act of                                 1965, as amended,                                 which authorizes                                 various programs                                 of student                                 financial                                 assistance.31 U.S.C. 1352(c)(1) and        Provides for a       $11,000 to (c)(2)(A).                      civil penalty of     $110,000.                                 $10,000 to                                 $100,000 for                                 recipients of                                 Government grants,                                 contracts, etc.                                 that lobby                                 Congress or the                                 Executive Branch                                 with respect to                                 the award of                                 Government grants                                 and contracts.31 U.S.C. 3802(a)(1) and        Provides for a       $5,500. (a)(2).                         civil penalty of                                 up to $5,000. for                                 false claims and                                 statements made to                                 the Government.------------------------------------------------------------------------

(Authority: 28 U.S.C. 2461 note and 31 U.S.C. 3701 note)

[67 FR 69655, Nov. 18, 2002, as amended at 70 FR 298, Jan. 4, 2005]

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