[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.44]

[Page 239-240]
 
                           TITLE 34--EDUCATION
 
PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents
 
                Subpart B_Hearings for Recovery of Funds
 
Sec. 81.44  Final decision of the Department.

    (a) The ALJ's initial decision becomes the final decision of the 
Department 60 days after the recipient receives the ALJ's decision 
unless the

[[Page 240]]

Secretary modifies, sets aside, or remands the decision during the 60-
day period.
    (b) If the Secretary modifies or sets aside the ALJ's initial 
decision, a copy of the Secretary's decision is sent by the Office of 
Hearings and Appeals to the parties by certified mail, return receipt 
requested. The Secretary's decision becomes the final decision of the 
Department on the date the recipient receives the Secretary's decision.

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

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