[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR602.42]

[Page 212-213]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 602--THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES--Table of 
Contents
 
    Subpart D--Limitation, Suspension, or Termination of Recognition 
           Limitation, Suspension, and Termination Procedures
 
Sec. 602.42  What are the response and hearing procedures?

    (a) If the agency wishes either to respond to the notice or request 
a hearing, or both, it must do so in writing no later than 30 days after 
it receives the

[[Page 213]]

notice of the Secretary's intent to limit, suspend, or terminate 
recognition.
    (1) The agency's submission must identify the issues and facts in 
dispute and the agency's position on them.
    (2) If neither a response nor a request for a hearing is filed by 
the deadline, the notice of intent becomes a final decision by the 
Secretary.
    (b)(1) After receiving the agency's response and hearing request, if 
any, the Secretary chooses a subcommittee composed of five members of 
the Advisory Committee to adjudicate the matter and notifies the agency 
of the subcommittee's membership.
    (2) The agency may challenge membership of the subcommittee on 
grounds of conflict of interest on the part of one or more members and, 
if the agency's challenge is successful, the Secretary will replace the 
member or members challenged.
    (c) After the subcommittee has been selected, Department staff sends 
the members of the subcommittee copies of the notice to limit, suspend, 
or terminate recognition, along with the agency's response, if any.
    (d)(1) If a hearing is requested, it is held in Washington, DC, at a 
date and time set by Department staff.
    (2) A transcript is made of the hearing.
    (3) Except as provided in paragraph (e) of this section, the 
subcommittee allows Department staff, the agency, and any interested 
party to make an oral or written presentation, which may include the 
introduction of written and oral evidence.
    (e) On agreement by Department staff and the agency, the 
subcommittee review may be based solely on the written materials 
submitted.

(Authority: 20 U.S.C. 1099b)