Petitions for rehearing; stays of repayment determinations.

CFR · 2024-01-01 · US · Title 11

(a) (i) Be filed within 20 calendar days after service of the Commission's final determination or repayment determination; (ii) Raise new questions of law or fact that would materially alter the Commission's final determination or repayment determination; and (iii) Set forth clear and convincing grounds why such questions were not and could not have been presented during the original determination process. (2) If a candidate files a timely petition under this section challenging a Commission repayment determination, the time for repayment of the amount at issue will be suspended until the Commission serves notice on the candidate of its determination on the petition. The time periods for making repayment under 11 CFR 9038.2(d) shall apply to any amounts determined to be repayable following the Commission's consideration of a petition for rehearing under this section. (b) (c) (ii) A request for a stay shall be made in writing and shall be filed within 30 calendar days after service of the Commission's decision on a petition for rehearing under paragraph (a) of this section, or, if no petition for rehearing is filed, within 30 calendar days after service of the Commission's repayment determination under 11 CFR 9038.2(c). (2) The Commission's approval of a stay request will be conditioned upon the candidate's presentation of evidence in the stay request that he or she: (i) Has placed the entire amount at issue in a separate interest-bearing account pending the outcome of the app

official document · source cfr-2024 · id 11:§ 9038.5