[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: 34CFR86.303]

[Page 276-277]
 
                           TITLE 34--EDUCATION
 
PART 86--DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents
 
 Subpart D--Responses and Sanctions Issued or Imposed by the Secretary 
                        for Violations by an IHE
 
Sec. 86.303  What are the procedures used by the Secretary for issuing a 
response other than the formulation of a compliance agreement or the 
provision of 
          information or technical assistance?

    (a) If the Secretary intends to issue a response other than the 
formulation of a compliance agreement or the provision of information or 
technical assistance, the Secretary notifies the IHE in writing of--
    (1) The Secretary's determination that there are grounds to issue a 
response other than the formulation of a compliance agreement or 
providing information or technical assistance; and

[[Page 277]]

    (2) The response the Secretary intends to issue.
    (b) An IHE may submit written comments to the Secretary on the 
determination under paragraph (a)(1) of this section and the intended 
response under paragraph (a)(2) of this section within 30 days after the 
date the IHE receives the notification of the Secretary's intent to 
issue a response.
    (c) Based on the initial notification and the written comments of 
the IHE the Secretary makes a final determination and, if appropriate, 
issues a final response.
    (d) The IHE shall inform the Secretary of the corrective action it 
has taken in order to comply with the terms of the Secretary's response 
within a period specified by the Secretary.
    (e) If an IHE does not comply with the terms of a response issued by 
the Secretary, the Secretary may issue an additional response or impose 
a sanction on the IHE in accordance with the procedures in Sec. 86.304.

(Authority: 20 U.S.C. 1145g)

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]