[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Notices]
[Page 46204-46205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au06-50]
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DEPARTMENT OF EDUCATION
Intent To Compromise Claim Against the State of Michigan State
Department of Corrections
AGENCY: Department of Education.
ACTION: Notice of intent to compromise a claim with request for
comments.
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SUMMARY: The U.S. Department of Education (Department) intends to
compromise a claim against the Michigan State Department of Corrections
(MDC) now pending before the Office of Administrative Law Judges
(OALJ), Docket No. 05-37-R. Before compromising the claim, the
Department must publish its intent to do so in the Federal Register and
provide the public an opportunity to comment on that action (20 U.S.C.
1234a(j)).
DATES: We must receive your comments on the proposed action on or
before September 25, 2006.
ADDRESSES: Address all comments concerning the proposed action to John
R. Mason, Esq., Office of the General Counsel, U.S. Department of
Education, 400 Maryland Avenue, SW., room 6E112, Washington, DC 20202-
2110.
FOR FURTHER INFORMATION CONTACT: John R. Mason, Esq. Telephone (202)
401-6057. If you use a telecommunications device for the deaf (TDD),
you may call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in
alternative format (e.g., Braille, large print, audio tape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding this proposed action.
During and after the comment period, you may inspect all public
comments in room 6E112, FB-6, 400 Maryland Avenue, SW., Washington, DC
between the hours of 8:30 a.m. and 4 p.m. Eastern time, Monday through
Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing Comments
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments. If you want to schedule an
appointment for this type of aid, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.
Background
The claim in question arose when the Department's Assistant Deputy
Secretary for Safe and Drug-Free Schools issued a program determination
letter (PDL) on April 29, 2005. The PDL demanded a refund of $114,923
of funds awarded to the MDC by the Department under the Youth Offenders
program for fiscal years 2001 through 2003. This program, authorized by
20 U.S.C. 1151, provides State grants for workplace and community
transition training for incarcerated youth offenders. The Assistant
Deputy Secretary determined that a total of $114,923 had been misspent
for inappropriate space rental charges, excess costs for materials and
textbooks, and payments for classes not begun by certain prisoners.
MDC filed a timely request for review of the PDL with the OALJ. The
Administrative Law Judge suspended proceedings so that the parties
could discuss settlement. During settlement discussions, the MDC
provided the Assistant Deputy Secretary additional documentation and
materials for review. After consideration of those materials, the
Department proposes to compromise the claim of $114,923 for $78,965,
nearly sixty-nine percent of the amount the Assistant Deputy Secretary
disallowed in the PDL.
Based on the amount that would be repaid by MDC, the additional
materials and documentation submitted by MDC while this appeal has been
pending before the OALJ, and litigation risks and costs of proceeding
through the administrative, and possibly, court
[[Page 46205]]
process for this appeal, the Department has determined that it would
not be practical or in the public interest to continue this proceeding.
Rather, under the authority in 20 U.S.C. 1234a(j), the Department has
determined that compromise of this claim for a refund of $78,965 is
appropriate. The public is invited to comment on the Department's
intent to compromise this claim. Additional information may be obtained
by calling or writing to John R. Mason, Esq. at the telephone number
listed under FOR FURTHER INFORMATION CONTACT or the address listed
under ADDRESSES.
Electronic Access to This Document: You may view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
Program Authority: 20 U.S.C. 1234a(j).
Dated: August 9, 2006.
Lawrence A. Warder,
Chief Financial Officer.
[FR Doc. 06-6887 Filed 8-10-06; 8:45 am]
BILLING CODE 4000-01-P