[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: 34CFR86.410]

[Page 298]
 
                           TITLE 34--EDUCATION
 
PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents
 
                       Subpart E_Appeal Procedures
 
Sec. 86.410  What are the procedures for issuance of a decision?

    (a)(1) The ALJ issues a written decision to the IHE, the designated 
Department official, and the Secretary by certified mail, return receipt 
requested, within 30 days after--
    (i) The last brief is filed;
    (ii) The last day of the hearing if one is held; or
    (iii) The date on which the ALJ terminates the hearing in accordance 
with Sec. 86.401(c)(3).
    (2) The ALJ's decision states whether the violation or violations 
contained in the Secretary's notification occurred, and articulates the 
reasons for the ALJ's finding.
    (3) The ALJ bases findings of fact only on evidence in the hearing 
record and on matters given judicial notice.
    (b)(1) The ALJ's decision is the final decision of the agency. 
However, the Secretary reviews the decision on request of either party, 
and may review the decision on his or her own initiative.
    (2) If the Secretary decides to review the decision on his or her 
own initiative, the Secretary informs the parties of his or her 
intention to review by written notice sent within 15 days of the 
Secretary's receipt of the ALJ's decision.
    (c)(1) Either party may request review by the Secretary by 
submitting a brief or written materials to the Secretary within 20 days 
of the party's receipt of the ALJ's decision. The submission must 
explain why the decision of the ALJ should be modified, reversed, or 
remanded. The other party shall respond within 20 days of receipt of the 
brief or written materials filed by the opposing party.
    (2) Neither party may introduce new evidence on review.
    (d) The decision of the ALJ ordering the repayment of Federal 
financial assistance or terminating the eligibility of an IHE does not 
take effect pending the Secretary's review.
    (e)(1) The Secretary reviews the ALJ's decision considering only 
evidence introduced into the record.
    (2) The Secretary's decision may affirm, modify, reverse or remand 
the ALJ's decision and includes a statement of reasons for the decision.

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

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