[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR85.316]

[Page 251-252]
 
                           TITLE 34--EDUCATION
 
PART 85--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents
 
                          Subpart C--Debarment
 
Sec.  85.316  Procedures for title IV, HEA debarments.

    (a) If the Secretary initiates a debarment action against an 
educational institution, lender or third-party servicer under E.O. 
12549, the Secretary uses the following procedures in connection with 
the debarment to ensure that the debarment also precludes participation 
under title IV of the Higher Education Act of 1965, as amended:
    (1) The procedures in Sec.  85.312, Notice of proposed debarment, 
and Sec.  85.314(d), Notice of debarring official's decision.
    (2) Instead of the procedures in Sec. Sec.  85.313 and 85.314(a)-
(c), the procedures

[[Page 252]]

in 34 CFR part 668, subpart G, or 34 CFR part 682, subpart G, as 
applicable.
    (b) On appeal from a decision debarring an educational institution, 
lender, or third-party servicer, the Secretary issues a final decision 
after all parties have filed their written materials with the Secretary.
    (c) In a proceeding under this section, in addition to the findings 
and conclusions required by 34 CFR part 668, subpart G, or 682, subpart 
G, the debarring official, and, on appeal, the Secretary, determine 
whether there exist sufficient grounds for debarment as set forth in 
Sec.  85.305.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)

[60 FR 33057, June 26, 1995]