[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: 34CFR366.44]

[Page 371-372]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
              Subpart E--Enforcement and Appeals Procedures
 
Sec.  366.44  How does a center appeal a decision included in a Director's initial written notice or a Director's final written decision?

    (a) To obtain the Secretary's review of a Director's final written 
decision to disapprove a center's corrective action plan submitted 
pursuant to Sec.  366.40(b), the center shall file, within 30 days from 
receipt of the Director's final written decision, a formal written 
appeal with the Secretary giving the reasons why the center believes 
that the Director should have approved the center's corrective action 
plan. (Cross-reference: See Sec.  366.42.)
    (b) To obtain the Secretary's review of a decision described in a 
Director's initial written notice, a center that does not submit a 
corrective action plan to a Director shall file, in accordance with 
paragraph (c)(1)(i) of this section, a formal written appeal with the 
Secretary giving the reasons why the center believes that the Director 
should have found the center in compliance with the standards and 
assurances

[[Page 372]]

in section 725 (b) and (c) of the Act and subparts F and G of this part.
    (c) To appeal to the Secretary a decision described in a Director's 
initial written notice or a Director's final written decision to 
disapprove a center's corrective action plan and to terminate or take 
other significant adverse action, a center shall file with the 
Secretary--
    (1) A formal written appeal--
    (i) On or after the 90th day but not later than the 120th day 
following a center's receipt of a Director's initial written notice; or
    (ii) On or before the 30th day after a center's receipt of the 
Director's final written decision to disapprove a center's corrective 
action plan and to terminate or take other significant adverse action;
    (2) A copy of the corrective action plan, if any, submitted to the 
Director; and
    (3) One copy each of any other written submissions sent to the 
Director in response to the Director's initial written notice to 
terminate funds or take other significant adverse action against the 
center.
    (d) The date of filing a formal written appeal to the Secretary 
under paragraph (c) of this section is determined in a manner consistent 
with the requirements of 34 CFR 81.12.
    (e) If the center files a formal written appeal with the Secretary, 
the center shall send a separate copy of this appeal to the Director by 
registered or certified mail, return receipt requested, or other means 
that provide a record that the Director received a separate copy of the 
center's written appeal.
    (f) The center's formal written appeal to the Secretary must state 
why--
    (1) The Director has not met the burden of showing that the center 
is not in compliance with the standards and assurances in section 725 
(b) and (c) of the Act and in subparts F and G of this part;
    (2) The corrective action plan, if any, should have been approved; 
or
    (3) The Director has not met the procedural requirements of 
Sec. Sec.  366.40 through 366.45.
    (g) As part of its submissions under this section, the center may 
request an informal meeting with the Secretary at which representatives 
of both parties will have an opportunity to present their views on the 
issues raised in the appeal.
    (h) A Director's decision to terminate funds that is described in an 
initial written notice or final written decision is stayed as of the 
date (determined pursuant to paragraph (d) of this section) that the 
center files a formal written appeal with the Secretary.

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

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