[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: 34CFR81.34]

[Page 233-234]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                Subpart B--Hearings for Recovery of Funds
 
Sec. 81.34  Notice of a disallowance decision.

    (a) If an authorized Departmental official decides that a recipient 
must return funds under Sec. 81.30, the official gives the recipient 
written notice of a disallowance decision. The official sends the notice 
by certified mail, return receipt requested, or other means that ensure 
proof of receipt.
    (b)(1) The notice must establish a prima facie case for the recovery 
of funds, including an analysis reflecting the value of the program 
services actually obtained in a determination of harm to the Federal 
interest.
    (2) For the purpose of this section, a prima facie case is a 
statement of the law and the facts that, unless rebutted, is sufficient 
to sustain the conclusion drawn in the notice. The facts may be set out 
in the notice or in a document that is identified in the notice and 
available to the recipient.
    (3) A statement that the recipient failed to maintain records 
required by law or failed to allow an authorized representative of the 
Secretary access to those records constitutes a prima facie case for the 
recovery of the funds affected.
    (i) If the recipient failed to maintain records, the statement must 
briefly describe the types of records that were not maintained and 
identify the recordkeeping requirement that was violated.

[[Page 234]]

    (ii) If the recipient failed to allow access to records, the 
statement must briefly describe the recipient's actions that constituted 
the failure and identify the access requirement that was violated.
    (c) The notice must inform the recipient that it may--
    (1) Obtain a review of the disallowance decision by the OALJ; and
    (2) Request mediation under Sec. 81.13.
    (d) The notice must describe--
    (1) The time available to apply for a review of the disallowance 
decision; and
    (2) The procedure for filing an application for review.

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

[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, Aug. 
16, 1993; 60 FR 46494, Sept. 6, 1995; 61 FR 14484, Apr. 2, 1996]