[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: 34CFR81.2]

[Page 226-227]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 81.2  Definitions.

    The following definitions apply to the terms used in this part:
    Administrative Law Judge (ALJ) means a judge appointed by the 
Secretary in accordance with section 451 (b) and (c) of GEPA.
    Applicable program means any program for which the Secretary of 
Education has administrative responsibility, except a program authorized 
by--
    (a) The Higher Education Act of 1965, as amended;
    (b) The Act of September 30, 1950 (Pub. L. 874, 81st Congress), as 
amended; or
    (c) The Act of September 23, 1950 (Pub. L. 815, 81st Congress), as 
amended.
    Department means the United States Department of Education.
    Disallowance decision means the decision of an authorized 
Departmental official that a recipient must return funds because it made 
an expenditure of funds that was not allowable or otherwise failed to 
discharge its obligation to account properly for funds. Such a

[[Page 227]]

decision, referred to as a ``preliminary departmental decision'' in 
section 452 of GEPA, is subject to review by the Office of 
Administrative Law Judges.
    Party means either of the following:
    (a) A recipient that appeals a decision.
    (b) An authorized Departmental official who issues a decision that 
is appealed.
    Recipient means the recipient of a grant or cooperative agreement 
under an applicable program.
    Secretary means the Secretary of the Department of Education or an 
official or employee of the Department acting for the Secretary under a 
delegation of authority.

(Authority: 20 U.S.C. 1221e-3, 1234 (b), (c), and (f)(1), 1234a(a)(1), 
1234i, and 3474(a))

[54 FR 19512, May 5, 1989, as amended at 58 FR 43473, Aug. 16, 1993]