[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: 34CFR86.1] [Page 290-291] TITLE 34--EDUCATION PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents Subpart A_General Sec. 86.1 What is the purpose of the Drug and Alcohol Abuse Prevention regulations? Subpart A_General Sec. 86.1 What is the purpose of the Drug and Alcohol Abuse Prevention regulations? 86.2 What Federal programs are covered by this part? 86.3 What actions shall an IHE take to comply with the requirements of this part? 86.4 What are the procedures for submitting a drug prevention program certification? 86.5 What are the consequences if an IHE fails to submit a drug prevention program certification? 86.6 When must an IHE submit a drug prevention program certification? 86.7 What definitions apply to this part? Subpart B_Institutions of Higher Education 86.100 What must the IHE's drug prevention program include? 86.101 What review of IHE drug prevention programs does the Secretary conduct? 86.102 What is required of an IHE that the Secretary selects for annual review? 86.103 What records and information must an IHE make available to the Secretary and the public concerning its drug prevention program? [[Page 291]] Subpart C [Reserved] Subpart D_Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE 86.300 What constitutes a violation of this part by an IHE? 86.301 What actions may the Secretary take if an IHE violates this part? 86.302 What are the procedures used by the Secretary for providing information or technical assistance? 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? 86.304 What are the procedures used by the Secretary to demand repayment of Federal financial assistance or terminate an IHE's eligibility for any or all forms of Federal financial assistance? Subpart E_Appeal Procedures 86.400 What is the scope of this subpart? 86.401 What are the authority and responsibility of the ALJ? 86.402 Who may be a party in a hearing under this subpart? 86.403 May a party be represented by counsel? 86.404 How may a party communicate with an ALJ? 86.405 What are the requirements for filing written submissions? 86.406 What must the ALJ do if the parties enter settlement negotiations? 86.407 What are the procedures for scheduling a hearing? 86.408 What are the procedures for conducting a pre-hearing conference? 86.409 What are the procedures for conducting a hearing on the record? 86.410 What are the procedures for issuance of a decision? 86.411 What are the procedures for requesting reinstatement of eligibility? Authority: 20 U.S.C. 1145g, unless otherwise noted. Source: 55 FR 33581, Aug. 16, 1990, unless otherwise noted. The purpose of the Drug and Alcohol Abuse Prevention regulations is to implement section 22 of the Drug-Free Schools and Communities Act Amendments of 1989, which added section 1213 to the Higher Education Act. These amendments require that, as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a drug prevention program as described in this part. (Authority: 20 U.S.C. 1145g) [61 FR 66225, Dec. 17, 1996]