[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR602.33] [Page 209] TITLE 34--EDUCATION CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 602--THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES--Table of Contents Subpart C--The Recognition Process Sec. 602.33 How may an agency appeal a recommendation of the Advisory Committee? (a) Either the agency or the senior Department official may appeal the Advisory Committee's recommendation. If a party wishes to appeal, that party must-- (1) Notify the Secretary and the other party in writing of its intent to appeal the recommendation no later than 10 days after the Advisory Committee meeting; (2) Submit its appeal in writing to the Secretary no later than 30 days after the Advisory Committee meeting; and (3) Provide the other party with a copy of the appeal at the same time it submits the appeal to the Secretary. (b) The non-appealing party may file a written response to the appeal. If that party wishes to do so, it must-- (1) Submit its response to the Secretary no later than 30 days after receiving its copy of the appeal; and (2) Provide the appealing party with a copy of its response at the same time it submits its response to the Secretary. (c) Neither the agency nor the senior Department official may include any new evidence in its submission; i.e., evidence it did not previously submit to the Advisory Committee. (Authority: 20 U.S.C. 1099b and 1145) Review and Decision by the Secretary