---
kind: "section"
citation: "34 C.F.R. § 81.31"
title: "34"
number: "81.31"
heading: "Measure of recovery."
url: "https://uscodex.org/cfr/34/81.31"
---

# §81.31. Measure of recovery.


A recipient that made an unallowable expenditure or otherwise failed to discharge its obligation to account properly for funds shall return an amount that—

- (a) Meets the standards for proportionality in [§ 81.32](/cfr/34/81.32.md);
- (b) In the case of a State or local educational agency, excludes any amount attributable to mitigating circumstances under the standards in [§ 81.23](/cfr/34/81.23.md); and
- (c) Excludes any amount expended in a manner not authorized by law more than five years before the recipient received the notice of a disallowance decision under [§ 81.34](/cfr/34/81.34.md).

## Notes

### Amendments

[54 FR 19512, May 5, 1989; 54 FR 21622, May 19, 1989. Redesignated and amended at 58 FR 43473, Aug. 16, 1993]

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.

### Amendments

[54 FR 19512, May 5, 1989; 54 FR 21622, May 19, 1989. Redesignated and amended at 58 FR 43473, Aug. 16, 1993]