[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR602.40] [Page 212] TITLE 34--EDUCATION CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 602_THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES--Table of Contents Subpart D_Limitation, Suspension, or Termination of Recognition Limitation, Suspension, and Termination Procedures Sec. 602.40 How may the Secretary limit, suspend, or terminate an agency's recognition? (a) If the Secretary determines, after notice and an opportunity for a hearing, that a recognized agency does not comply with the criteria for recognition in subpart B of this part or that the agency is not effective in its performance with respect to those criteria, the Secretary-- (1) Limits, suspends, or terminates the agency's recognition; or (2) Requires the agency to take appropriate action to bring itself into compliance with the criteria and achieve effectiveness within a timeframe that may not exceed 12 months. (b) If, at the conclusion of the timeframe specified in paragraph (a)(2) of this section, the Secretary determines, after notice and an opportunity for a hearing, that the agency has failed to bring itself into compliance or has failed to achieve effectiveness, the Secretary limits, suspends, or terminates recognition, unless the Secretary extends the timeframe, on request by the agency for good cause shown. (Authority: 20 U.S.C. 1099b).