[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR366.41]

[Page 370-371]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
              Subpart E--Enforcement and Appeals Procedures
 
Sec.  366.41  What must be included in an initial written notice from the Director?

    The initial written notice required by Sec.  366.40(a) must--
    (a) Include, at a minimum, the following:
    (1) The name of the center.
    (2) The reason or reasons for proposing the termination of funds or 
other significant adverse action against the center, including any 
evidence that the center has failed to comply with any of the evaluation 
standards or assurances in section 725(b) and (c) of the Act and 
subparts F and G of this part.
    (3) The effective date of the proposed termination of funds or other 
significant adverse action against the center;
    (b) Be given 90 days in advance of the date the Director intends to 
terminate

[[Page 371]]

a center's funds or take any other significant adverse action against 
the center;
    (c) Inform the center that it has 90 days from the date the center 
receives the notice to submit a corrective action plan;
    (d) Inform the center that it may seek mediation and conciliation in 
accordance with Sec.  366.40(a) to resolve any dispute with the Director 
within the 90 days before the proposed termination of funds or other 
significant adverse action against the center; and
    (e) Inform the center that, if mediation and conciliation are not 
successful and the Director does not issue a final written decision 
pursuant to Sec.  366.42, the center may appeal to the Secretary the 
decision described in the Director's initial written notice on or after 
the 90th day, but not later than the 120th day, after the center 
receives the Director's initial decision.

(Approved by the Office of Management and Budget under control number 
1820-0018)

(Authority: 29 U.S.C. 711(c) and 796f-2 (g) and (i))