[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: 34CFR81.37]

[Page 234-235]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                Subpart B--Hearings for Recovery of Funds
 
Sec. 81.37  Application for review of a disallowance decision.

    (a) If a recipient wishes to obtain review of a disallowance 
decision, the recipient shall file a written application for review with 
the Office of Administrative Law Judges, c/o Docket Clerk, Office of 
Hearings and Appeals, and, as required by Sec. 81.12(b), shall serve a 
copy on the applicable Departmental official who made the disallowance 
decision.
    (b) A recipient shall file an application for review not later than 
60 days after the date it receives the notice of a disallowance 
decision.
    (c) Within 10 days after receipt of a copy of the application for 
review, the authorized Departmental official who made the disallowance 
decision shall provide the ALJ with a copy of any document identified in 
the notice pursuant to Sec. 81.34(b)(2).
    (d) An application for review must contain--
    (1) A copy of the disallowance decision of which review is sought;
    (2) A statement certifying the date the recipient received the 
notice of that decision;
    (3) A short and plain statement of the disputed issues of law and 
fact, the recipient's position with respect to these issues, and the 
disallowed funds the recipient contends need not be returned; and

[[Page 235]]

    (4) A statement of the facts and the reasons that support the 
recipient's position.
    (e) The ALJ who considers a timely application for review that 
substantially complies with the requirements of paragraph (c) of this 
section may permit the recipient to supplement or amend the application 
with respect to issues that were timely raised. Any requirement to 
return funds that is not timely appealed becomes the final decision of 
the Department.

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

[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, 
43474, Aug. 16, 1993; 58 FR 51013, Sept. 30, 1993; 60 FR 46494, Sept. 6, 
1995]