[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: 34CFR81.41]

[Page 236]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                Subpart B--Hearings for Recovery of Funds
 
Sec. 81.41  Initial decision.

    (a) The ALJ makes an initial decision based on the record.
    (b) The initial decision includes the ALJ's findings of fact, 
conclusions of law, and reasoning on all material issues.
    (c) The initial decision is transmitted to the Secretary by hand-
delivery or Department mail, and to the parties by certified mail, 
return receipt requested, by the Office of Administrative Law Judges.
    (d) For the purpose of this part, ``initial decision'' includes an 
ALJ's modified decision after the Secretary's remand of a case.

(Authority: 5 U.S.C. 557(c); 20 U.S.C 1221e-3, 1234(f)(1), and 3474(a))

[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, 
43474, Aug. 16, 1993]