[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: 34CFR366.46]

[Page 373]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
              Subpart E--Enforcement and Appeals Procedures
 
Sec.  366.46  How does the Secretary review a center's appeal of a decision included in a Director's initial written notice or a Director's final written 
          decision?

    (a) If either party requests a meeting under Sec. Sec.  366.44(g) or 
366.45(b), the meeting is to be held within 30 days of the date of the 
Secretary's receipt of the submissions from the Director that are 
required by Sec.  366.45(a). The Secretary promptly notifies the parties 
of the date and place of the meeting.
    (b) Within 30 days of the informal meeting permitted under paragraph 
(a) of this section or, if neither party has requested an informal 
meeting, within 60 days of the date of receipt of the submissions 
required from the Director by Sec.  366.45(a), the Secretary issues to 
the parties the Secretary's decision.
    (c) The Secretary reviews a decision included in a Director's 
initial written notice or a Director's final written decision to 
disapprove the center's corrective action plan and to terminate the 
center's funds or take any other significant adverse action against the 
center based on the record submitted under Sec. Sec.  366.44 and 366.45 
and may affirm or, if the Secretary finds that the decision included in 
a Director's initial written notice or a Director's final written 
decision is not supported by the evidence or is not in accordance with 
the law, may--
    (1) Remand the appeal for further findings; or
    (2) Reverse the decision described in the Director's initial written 
notice or the Director's final written decision to disapprove the 
center's corrective action plan and to terminate funds or take any other 
significant adverse action against the center.
    (d) The Secretary sends copies of his or her decision to the parties 
by registered or certified mail, return receipt requested, or other 
means that provide a record of receipt by both parties.
    (e) If the Secretary affirms the decision described in a Director's 
initial written notice or the Director's final written decision, the 
Director's decision takes effect on the date of the Secretary's final 
decision to affirm.

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