1. (a) The Secretary accepts or approves for payment any otherwise approvable application under section 8002 or section 8003 that is timely filed with the Secretary in accordance with §§ 222.3, 222.4, and 222.5, as applicable.

2. (b) The Secretary does not accept or approve for payment any section 8002 or section 8003 application that is not timely filed with the Secretary as described in paragraph (a) of this section, except as follows:

   1. (1) The Secretary accepts and approves for payment any otherwise approvable application filed within—

      1. (i) 60 days from the application deadline established in § 222.3; or
      2. (ii) 60 days from the date of the Secretary's written notice of an LEA's failure to comply with the applicable filing date.

   2. (2) The Secretary reduces the payment for applications described in paragraph (b)(1) of this section by 10 percent of the amount that would have been paid if the LEA had timely filed the application.

      (Authority: 20 U.S.C. 7705)

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33162, June 11, 2015]