; or (B) educational services for which such a loan was received; or (3) such further acts or omissions that the Secretary determines to be appropriate in accordance with subsection (b). (b) Regulations The Secretary shall specify in regulations which further acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan made under this title. (c) Secretarial determination (1) In general The Secretary shall determine whether a borrower is entitled to relief under this section based on all evidence available to the Secretary. (2) Evidentiary standard A borrower shall be entitled to relief under this section if a preponderance of the evidence available to the Secretary demonstrates that the borrower is entitled to such relief. (3) Independent determination A determination under paragraph (1) shall be independent of any action that the Secretary may take to recoup funds from the institution of higher education implicated by the borrower defense claim. (d) Procedures for review and resolution of claims (1) Procedures required The Secretary shall establish procedures for the fair and expeditious review and resolution of borrower defense claims brought under this section. In establishing such procedures, the Secretary shall— (A) provide a fair process for the review and resolution of borrower defense claims, which shall include procedures for the consideration of borrower defense claims on behalf of groups of similarly situated borrowers without requiring each borrower in the group to submit a separate claim; (B) review a borrower defense claim at any time without regard to the repayment status of any loan subject to such claim; (C) allow a legal representative to bring a borrower defense claim— (i) on behalf of an individual borrower; or (ii) on behalf of a group of similarly situated borrowers