[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR21.41]

[Page 45]
 
                           TITLE 34--EDUCATION
 
PART 21--EQUAL ACCESS TO JUSTICE--Table of Contents
 
    Subpart E--What Procedures Are Used in Considering Applications?
 
Sec. 21.41  Answer to application.

    (a)(1) Within 30 days after receiving an application for an award 
under this part, the Department's counsel may file an answer to the 
application.
    (2) The Department's counsel may request an extension of time for 
filing the Department's answer.
    (3) The adjudicative officer shall grant the request for an 
extension if the Department's counsel shows good cause for the request.
    (b)(1) The Department's answer must--
    (i) Explain any objections to the award requested; and
    (ii) Identify the facts relied on in support of the position of the 
Department.
    (2) If the answer is based on any alleged facts not in the record of 
the adversary adjudication, the Department's counsel shall include with 
the answer either--
    (i) Supporting affidavits; or
    (ii) A request for further proceedings under Sec. 21.44.
    (c)(1) If the Department's counsel and the applicant believe that 
the issues in the application can be settled, they may jointly file a 
statement of their intent to negotiate a settlement.
    (2)(i) The filing of a statement of an intent to negotiate extends 
the time for filing an answer for 30 days.
    (ii) The adjudicative officer shall grant further extensions if the 
Department's counsel and the applicant jointly request those extensions.

(Authority: 5 U.S.C. 504(c)(1))